Two Lindenwold Juveniles Charged With Possession of a Firearm

November 23, 2021

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…

N.J. drivers won’t have to fumble through the glove box for their registration under new law

November 9, 2021

Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark Admit it. Most drivers have experienced that moment when they have to show a registration and it seems to be buried under every other paper in their glove box, console or wallet. Soon, Jersey drivers will have to hunt no more. Under bipartisan legislation signed in…

Officers Are Not Allowed to Ask for Passenger Identification Unless They Believe the Passenger Is Also Committing a Crime.

November 2, 2021

State v. Boston Appellate Docket No.: A-4752-17 Decided September 16, 2021 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent published opinion, the Appellate Division of New Jersey reversed a conviction for an improper request for identification of a passenger in a vehicle, leading to the finding of warrants and cocaine on…

Can a Witness’s Exclamatory Outbursts During Trial Testimony Warrant a Mistrial?

October 26, 2021

State v. Sullivan Appellate Docket No.: A-1675-18 Decided October 22, 2021 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey reviewed whether a witness’s exclamatory outbursts during trial testimony warranted a mistrial, despite the Judge issuing limiting instructions immediately. In State v. Sullivan, Ryan…

To Effectuate a Traffic Stop, Or Investigation and Questioning Officers Only Need a Reasonable Suspicion That a Crime Is Being Committed

October 20, 2021

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No.: A-2002-19 Decided October 18, 2021 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey reviewed whether probable cause existed for a search of the trunk revealing marijuana and firearms.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,…

Confidential Information (CI) Tip of The Wrong Car Led to An Arrest and Finding of Heroin

October 19, 2021

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…

Dismissal Of an Indictment Reversed Even Though the Defendant Had Been Deported

September 1, 2021

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…

Processes To Obtain a Certification of Expungement for Certain Marijuana and Hashish Cases in Accordance with the Marijuana Decriminalization Law

August 31, 2021

Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark

Whether an informant’s confidential tip can be the basis for a traffic stop.

August 30, 2021

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…

NEW JERSEY MENTAL HEALTH RECORD EXPUNGEMENT

August 25, 2021

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…