New Jersey Criminal Law
To Effectuate a Traffic Stop, Or Investigation and Questioning Officers Only Need a Reasonable Suspicion That a Crime Is Being Committed
State v. Days-Jackson Appellate Docket No.: A-2002-19 Decided October 18, 2021 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey reviewed whether probable cause existed for a search of the trunk revealing marijuana and firearms. In State v. Days-Jackson, while on duty one night,…
Read MoreConfidential Information (CI) Tip of The Wrong Car Led to An Arrest and Finding of Heroin
State v. Gray Appellate Docket No.: A-4589-18 Decided October 14, 2021 In a recent unpublished opinion, the Appellate Division of New Jersey reviewed whether probable cause for an arrest existed for a Confidential Information (CI) tip of the wrong car led to an arrest and finding of heroin because of a call made to an…
Read MoreDismissal Of an Indictment Reversed Even Though the Defendant Had Been Deported
State v. C.A.T-P Appellate Docket No.: A-1543-20 Decided August 30, 2021 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey reversed a dismissal of an indictment even though the defendant had been deported and the witness to alleged domestic violence no longer wished to…
Read MoreProcesses To Obtain a Certification of Expungement for Certain Marijuana and Hashish Cases in Accordance with the Marijuana Decriminalization Law
Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark
Read MoreWhether an informant’s confidential tip can be the basis for a traffic stop.
Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In the Mesadieu case, the Appellate Division held that Mesadieu’s detention was lawful. The New Jersey Supreme Court has established under State v. Davis, 104, N.J. 490, 504 (1986) that a court must evaluate the totality of the circumstances surrounding the police-citizen encounter to determine the…
Read MoreNEW JERSEY MENTAL HEALTH RECORD EXPUNGEMENT
In re E.C. Petition for Expungement Appellate Docket No.: A-3713-13T2 Decided July 8, 2015 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In an unpublished opinion, the Appellate Division of New Jersey reviewed the requirements for the expungement of mental health records and produced a legal standard for same. In E.C., E.C. was a…
Read MorePrior Bad Acts Under NJRE 404(B) Are Generally Inadmissible Unless, The Four Prong Cofield Test Is Met
State v. Canales Appellate Docket No.: A-5846-17 Decided August 20, 2021 Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Division of New Jersey reviewed whether introduction of evidence of an uncharged assault in which the victim did not think she could identify the defendant in the future, prejudiced…
Read MoreIs a Sidewalk That Was Closed to The Public, A “Closed Structure” For the Criminal Charge of Burglary
State v. Richardson Appellate Docket No.: A-2244-19 Decided August 18, 2021 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey reviewed whether a sidewalk that was closed to the public was a “closed structure” for the criminal charge of burglary. In State v. Richardson,…
Read MoreNew Jersey Court Rule Changes
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark
Read MoreState v. Almonte – Severance of Trial
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark State v. Almonte Appellate Docket No.: A-0536-18 Decided July 27, 2021 In a recent unpublished opinion, the Appellate Division of New Jersey reviewed whether failure to sever a trial from a codefendant was appropriate, even when the codefendant was not present for the trial and his post arrest…
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