What Is Required for Police to Conduct A Motor Vehicle Stop and A K-9 Sniff?

State v. Barley Appellate Docket No.: A-2334-19 Decided April 19, 2021 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Division of New Jersey reviewed whether a canine sniff unreasonably delayed a traffic stop, leading to a conviction of an unlawful possession of a firearm. In State v. Barley, Police…

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In Order for Search and Seizure, Officers Need Probable Cause Through A Warrant or Circumstances That Would Ordinarily Permit Officers to Get A Warrant

State v. Weaver Appellate Docket No.: A-4582-18 Decided April 6, 2021 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark.             In a recent unpublished opinion, the Appellate Division of New Jersey reviewed a police search of a home that lead to finding firearms under a mattress without a warrant and in search of the defendant who…

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Be Sure to Understand the Different Levels of Information Officers Need When Investigating to Be Able to Properly Make an Arrest and Charge Someone with a Crime

State v. Gaddy Appellate Docket No.: A-3046-18 Decided March 11, 2021 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Division of New Jersey reviewed a defendant’s motion to suppress after an anonymous tip provided that individuals were congregating and “engaging in disorderly activity” leading to defendant being charged with…

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Prosecutor Misconduct During A Trial Can Deny A Defendant A Right to A Fair Trial – Make Sure Your Attorney Recognizes It!

State v. Garcia Docket No.: A-47-19 Decided March 10, 2021 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In a opinion, the Supreme Court of New Jersey reviewed whether a under the plain error doctrine, defendant was denied a fair trial when a video depicting defendant’s family members speaking with police was excluded from evidence and,…

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Jurisdiction When Real Estate Fraud Occurs Outside of New Jersey But the Property is Located In New Jersey

State v. Zhou Appellate Docket No.: A-1151-19 Decided February 23, 2021 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In an unpublished opinion, the Appellate Division of New Jersey reviewed whether a denial of a motion to dismiss the indictment for lack of jurisdiction was appropriate when the defendant’s actions were conducted entirely out of the…

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Only If the Court Finds That the Prosecutor Abused His or Her Discretion Will a Trial Court or Appellate Division Overturn a PTI Denial

State v. Sorokach Appellate Docket No.: A-2868-18 Decided February 22, 2021 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In an unpublished opinion, the Appellate Division of New Jersey reviewed whether a denial for PTI was appropriate for a defendant attempting to lure an underage girl for sexual intercourse. In State v. Sorokach, defendant posted advertisements…

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SUPREME COURT OF NEW JERSEY ISSUES ITS TENTH COVID-19 OMNIBUS ORDER

February 17, 2021 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. The Supreme Court of New Jersey has issued its tenth Omnibus Order in light of COVID-19.  The Order essentially covers excludable time for incarcerated defendants as well as continue provisions from previous Orders. The Tenth Omnibus Order provides for the following excludable time: For those…

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