Police Are Trained to Draw Out Confessions in Suspects, Always Ask for A Lawyer Upon Questioning

July 20, 2021

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Appellate Docket No.: A-1339-18 Decided July 16, 2021 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey reviewed whether a robbery conviction was proper after defendant confessed after a four hour break in questioning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…

Future of Court Operations – Remote and In-Person Proceedings

July 19, 2021

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark

ENDANGERING WELFARE OF CHILD NOT EXPUNGABLE EVEN IF NON SEXUAL

July 13, 2021

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…

Objecting, Even If Unsuccessful at The Time, Preserves the Issue for Appeal

July 13, 2021

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Appellate Docket No.: A-4754-18 Decided July 9, 2021 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey reviewed whether jury instructions for the defense of duress should have been tailored to the facts of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…

Voluntary Jury Waiver and Those Incarcerated During COVID-19

July 9, 2021

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Appellate Docket No.: A-1716-19 Decided July 8, 2021 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey reviewed whether a defendant’s conviction from a bench trial was a result of an improper jury waiver.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…

In Case of An Illegal Search, Evidence May Be Suppressed and The Case Dropped

July 6, 2021

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0128-19 STATE OF NEW JERSEY, Plaintiff-Respondent, Versus BRUCE A. POOLE, a/k/aBRUCE POOL, Defendant-Appellant. _______________________ Submitted April 28, 2021 – Decided June 25, 2021 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark This case arises out of a June 27, 2018, event where there were reported shots fired…

The Plain View and Exigent Circumstance Exceptions to The Warrant Requirement

June 23, 2021

STATE OF NEW JERSEY, Plaintiff-Appellant, RASHEED M. PHILLIPS, Defendant-Respondent. Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Here at Hark&Hark we have already written about State v. Phillips, in 2019. We stay up to date on this June 14, 2021, appellate decision. See  State v. Phillips | New Jersey Criminal Civil Lawyer. The facts are…

Police Officer’s Testimony of Surveillance Footage Was “Best Evidence” When the Surveillance Footage Could Not Be Produced for Trial

June 2, 2021

State v. Bayoumi Appellate Docket No.: A-163-20 Decided June 1, 2021 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Division of New Jersey reviewed whether a police officer’s testimony of surveillance footage identifying defendant was appropriate “best evidence” when the surveillance footage could not be produced for trial. In…

Case Brief: State v. Kanem Williamson (A-65-19)(083979)

May 21, 2021

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Parties:  Plaintiff: State of New Jersey Defendant: Kanem Williamson Proc. Hist.:         Trial Court allowed the admission of hearsay evidence under the “dying declaration” exception.  Appellate Division affirmed; Supreme Court granted review. Facts:                  In the spring of 2014, A.B. was shot multiple times and found in a pool of…

Sweeney Bill Would Create Pilot Program for Regional Municipal Courts in Three Counties

May 18, 2021

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Trenton – Legislation sponsored by Senate President Steve Sweeney that would create a pilot program for the regionalization of municipal courts was approved by the Senate Judiciary Committee today. The legislation, S-3049, would establish a program in at least three counties with no fewer than five municipalities in…