Project SAVE, Started In Gloucester Twp., To Be Tested Countywide

October 3, 2019 |

The county is launching a one-year pilot program in which advocates will be placed in municipal courtrooms to help low level drug offenders. Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark GLOUCESTER TOWNSHIP, NJ — A drug treatment program Gloucester Township has been using since 2014 is now being tested as a pilot program…

Middle School Guidance Counselor Use of Instagram and the New Jersey Child Endangerment Statute

September 24, 2019 |

In this case the defendant, a senior at a private charter school in Camden city received an Instagram message From the middle school guidance counselor at the same school. The defendant filed a motion to dismiss the prosecution as being “de minimus “ as per N. J. S. A. 2C:2- 11 D and C. STATE…

Buccal Swab to match Handgun DNA | Summary: State v. Browne

September 20, 2019 |

State v. Browne Docket No. A-0371-17T1 Issue: The issue in this case is whether the trial court erred in granting the State’s pretrial application to obtain a buccal swab from the defendant to extract a sample of his DNA. Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Facts: At approximately 1:00 a.m. on April 19,…

Adequate probable cause found by trial court when police officer directly observed the drug transaction.

September 20, 2019 |

Adequate probable cause found by trial court and affirmed on appeal when police officer directly observed the defendant involved in a drug transaction. STATE OF NEW JERSEY, v. DARRELL M. HALL, SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION Decided September 18, 2019 Mercer County, Indictment No. 15-04-0554. Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark.…

New Jersey Prevention from Domestic Violence Act Appeal September 19, 2019

September 20, 2019 |

A.M.V ., v. F.T.,   SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION   September 19, 2019. Appellate Court affirms finding of domestic violence without trial court analyzing 2nd prong of Silver v. Silver because of ‘inherent’ violence of a shove alone without concern for the ‘risk of future harm’! Submitted by New Jersey Domestic Violence Lawyer,…

New Jersey vs. Bing PTI Rejection Review

September 18, 2019 |

STATE OF NEW JERSEY, Plaintiff-Respondent,   v. WILLIAM S. BING, SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Decided September 16, 2019 Issue:  Defendant appeals the denial of his pretrial intervention (PTI) application. Finding no ground that would permit judicial intervention into that prosecutorial determination, we affirm. Facts:  Defendant was indicted…

State v. Satoris NJ Appellate Division September 14, 2019 Power of the Trial Court

September 16, 2019 |

State v. Satoris  Appellate Division September 14, 2019 Appeal from Gloucester County Law Division Appeal from a trial court determination —— Evidence dicition by the Trial Judge Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. All trial courts are vested with broad discretion in determining whether proffered evidence is relevant, and if so, whether it should…

Murphy seeks to influence gun policy with ‘power of the purse strings’

September 11, 2019 |

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. MORRISTOWN — Gov. Phil Murphy’s administration plans to use the “power of the purse strings” to advocate for stricter gun policies not just in New Jersey, but nationally. Murphy on Tuesday signed an executive order that will govern how New Jersey does business with firearms retailers and…

Miranda Standard of Review of a Trial Judge’s Motion to Suppress

September 5, 2019 |

State of N.J. vs. Byers   Cumberland County Appeal   4-2-2495 State v. Byer, N.J. Super. App. Div. (per curiam) DECIDED SEPTEMBER 4, 2019 Urine and Blood Draw– Submitted by New Jersey DWI Defense Lawyer, Jeffrey Hark. Defendant Brittany Byer appeals from a March 27, 2017 decision denying her motion to suppress her statements to police, as well…

What is the prosecutor’s power for a PTI denial?

September 5, 2019 |

STATE OF NEW JERSEY, v. LEVAR MARTINBOROUGH, NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not “constitute precedent or be binding upon any court.” Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3.…