New Jersey Criminal Law
State v. Almonte – Prosecutor Misconduct
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Jersey Criminal Lawyer, Jeffrey Hark State v. Almonte Appellate Docket No.: A-0536-18 Decided July 27, 2021 In a recent unpublished opinion, the Appellate Division of New Jersey reviewed whether there was prosecutor misconduct when the prosecutor told of testimony that was not used in the opening statement and vouched to the credibility to…
Read MoreState v. Roman-Rosado
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark The dual cases of State v. Roman-Rosado and State v. Carter deal with when might police effectuate a motor vehicle stop on the basis of a violation of N.J.S.A. 39:3-33, which reads in part as follows: “No person shall drive a motor vehicle which has a license plate…
Read MoreNo Mask in Court Can Be Considered Contempt of Court!
Case Brief: State v. Figueroa
Superior Court of New Jersey, Appellate Division (2021) Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Parties: Plaintiff-Respondent: State of New Jersey Defendant-Appellant: Andre Figueroa Facts: Figueroa was spotted by a police officer emerging from between two houses late at night in a vacation town during winter. Most people are away during winter and it was…
Read MoreA REVIEW OF NEW JERSEY’S “RED FLAG LAW”
Temporary Extreme Risk Protective Order (TERPO) IN THE MATTER OF D.L.B. Appellate Docket No.: A-1035-20 Decided July 14, 2021 In a recent published opinion, the Appellate Division of New Jersey reviewed a denial of a Final Extreme Risk Protective Order (FERPO) in light of respondent brandishing a handgun. In the Matter of D.L.B., police received…
Read MorePolice Are Trained to Draw Out Confessions in Suspects, Always Ask for A Lawyer Upon Questioning
State v. Malone Appellate Docket No.: A-1339-18 Decided July 16, 2021 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey reviewed whether a robbery conviction was proper after defendant confessed after a four hour break in questioning and the defendant’s recorded phone calls from the jail…
Read MoreFuture of Court Operations – Remote and In-Person Proceedings
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark
Read MoreENDANGERING WELFARE OF CHILD NOT EXPUNGABLE EVEN IF NON SEXUAL
In the Matter of the Expungement Application of A.T. Appellate Docket No.: A-509-18 Decided January 8, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a published opinion, the Appellate Division of New Jersey affirmed the denial of an expungement for an offense in violation of N.J.S.A. 2C:24-4(a), endangering the welfare of a child, even…
Read MoreObjecting, Even If Unsuccessful at The Time, Preserves the Issue for Appeal
State v. Scott Appellate Docket No.: A-4754-18 Decided July 9, 2021 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey reviewed whether jury instructions for the defense of duress should have been tailored to the facts of defendant’s case, rather than just a reading of the…
Read MoreVoluntary Jury Waiver and Those Incarcerated During COVID-19
State v. Shtabnoy Appellate Docket No.: A-1716-19 Decided July 8, 2021 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey reviewed whether a defendant’s conviction from a bench trial was a result of an improper jury waiver. In State v. Shtabnoy, on February 5, 2019, a…
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