New Jersey Criminal Law
Upheld: Warrantless Swab of Defendant’s Hands Two Hours After Finding His Stepfather in a Pool of Blood
State v. Torres Appellate Docket No.: A-1005-18 Decided March 1, 2022 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey upheld a warrantless swab of defendant’s hands two hours after finding his step father in a pool of blood. In State v. Torres, On…
Read MoreThere May Be Ways to Escape the Mandatory Minimums by Seeking a Graves Act Waiver, But Only Certain Individuals Are Eligible
State v. Lamborn Appellate Docket No.: A-740-19 Decided February 25, 2022 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey reversed the probationary sentence imposed on defendant Kevin M. Lamborn on the State’s motion for a Graves Act, N.J.S.A. 2C:43-6(c), waiver, following defendant’s guilty…
Read MorePost-Conviction Relief (PCR) Petition, Claimed Ineffective Counsel on The Issue of Jail Credits
State v. Huggins Appellate Docket No.: A-4414-19 Decided February 11, 2022 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey reviewed a pro se post conviction relief (PCR) petition, claiming ineffective counsel on the issue of jail credits. In State v. Huggins, On April…
Read MoreIs a Warrantless Search of a Home Justified After the Occupant Was Detained Outside the Home?
State v. Christopher Radel State v. Keith Terres Appellate Docket No.: A-44-20 A-45-20 Decided January 20, 2022 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent opinion, the Supreme Court of New Jersey reviewed two cases to determine whether police warrantless search of a home was justified after the occupant was detained…
Read MoreIN THE MATTER OF RICHARD HUFTEN’S APPLICATION FOR A PERMIT TO CARRY A HANDGUN & IN THE MATTER OF THE REVOCATION OF RICHARD HUFTEN’S FIREARMS PURCHASER IDENTIFICATION CARD AND COMPELLING THE SALE OF HIS FIREARMS
Appellate Docket No.: A-0473-20 Decided January 11, 2022 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey reversed an oral order to forfeit plaintiff’s handgun permit to carry and ordering the surrender of all firearms in his possession as well as the forced sale…
Read MoreObservation Of a Hand-To-Hand Transaction Alone Is Insufficient to Have a Reasonable and Articulable Suspicion of a CDS Transaction
State v. GIBSON Appellate Docket No.: A-3410-19 Decided January 10, 2022 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey reversed a denial of a motion to suppress after officers simply observed a hand to hand transaction without seeing what was exchanged and conducted…
Read MoreAn Investigatory Stop, Followed by An Arrest Requires Reasonable and Articulable Suspicion as Well as Probable Cause
State v. Ruiz-Montano Appellate Docket No.: A-1070-19 Decided January 7, 2022 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey affirmed a denial of a motion to suppress without an evidentiary hearing after detectives detained defendant, brought him back to the police station, and…
Read MoreDefendants Are Entitled to Cross Examine Witnesses in Criminal Complaints and Charges Against Them
State v. Carrion State v. Hedgespeth Appellate Docket No.: A-14-20 and A-22-20 Decided December 27, 2021 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In recent opinions of the Supreme Court of New Jersey, the Court addressed whether an affidavit can be relied upon at trial which provided that the defendants did not appear…
Read MoreOfficers Conducted a Motor Vehicle Stop and Found a Firearm Upon Searching for the Driver’s Credentials After a Refusal
State v. Reid Appellate Docket No.: A-4238-19 Decided December 8, 2021 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey reversed a denial of a motion to suppress after officers conducted a motor vehicle stop and found a firearm upon searching for the driver’s…
Read MoreTwo Lindenwold Juveniles Charged With Possession of a Firearm
Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark Lindenwold, N.J. – Acting Camden County Prosecutor Jill S. Mayer and Lindenwold Police Chief Michael McCarthy, Jr., announce that two Camden County youth (both 17 years of age) have been charged with firearms offenses as a result of an investigation conducted by the Lindenwold Police Department…
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