New Jersey Criminal Law
The Officer Must Be Lawfully Present for the Plain View Exception to a Warrant Requirement:
State v. Williams Appellate Docket No.: A-40 Decided November 2, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In a recent New Jersey Supreme Court decision, the Court, without issuing a written opinion, affirmed a published Appellate Court decision overturning a denial of a motion to suppress when an officer saw weed in a boarding…
Read MoreProtective Sweep of Home when Defendant was Arrested Outside the Home May be Unlawful
State v. Radel Appellate Docket No.: A-2503-18T3 Decided October 20, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In a published opinion, the Appellate Division of New Jersey reviewed a trial court’s denial of a motion to suppress a firearm found inside a defendant’s home as a result of a protective sweep after defendant was…
Read MoreLegal Principles Can Be Linked to Social Media Posts If They Are Found in Conjunction with a Crime
State v. Scurry Appellate Docket No.: A-0377-18T1 Decided October 15, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In an unpublished opinion, the Appellate Division of New Jersey reviewed a trial court’s denial to exclude evidence of a video of the defendant rapping with original lyrics about stealing drugs and shooting someone in the head,…
Read MoreIn the Matter of the Expungement Petition of R.B.T.
Appellate Docket No.: A-2454-19T2 Decided October 14, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In an unpublished opinion, the Appellate Division of New Jersey reviewed a grating of an expungement application for a former municipal court judge that completed PTI after misappropriating fines. In Expungement of R.B.T., R.B.T. was a municipal court judge in…
Read MoreGRAND JURIES TO RESUME, EXCLUDABLE TIME, AND DISCOVERY MODIFICATIONS FOR CRIMINAL DEFENDANTS IN LIGHT OF COVID-19
October 8, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. The Supreme Court of New Jersey has issued its Ninth Omnibus Order on Court Operations and Legal Practice during the ongoing COVID-19 pandemic. The updated provisions are as follows: Reinforcing that grand juries will be selected virtually, and confirming that before December 1, 2020 all…
Read MoreExpanding Grand Juries; Excludable Time; Relaxing Pre-Indictment Discovery; Provisional New Pre-Indictment Hearing
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark.
Read MoreChallenging the Trial Judge Erred by Denying His Motion to Dismiss Count One of the Indictment
State v. Decker Appellate Docket No.: A-3928-17T1 Decided September 29, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In an unpublished opinion, the Appellate Division of New Jersey reviewed a trial court’s denial of defendant’s pretrial motion to dismiss a count of him being a leader of a gun trafficking unit. In State v. Decker,…
Read MoreThe Co-Conspirator Exception to Hearsay Is Important to Understand for Criminal Cases
State v. Lopez Appellate Docket No.: A-1210-19T1 Decided September 23, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In an unpublished opinion, the Appellate Division of New Jersey reviewed a jury’s conviction and forty-five year aggregate term of parole ineligibility that included text messages admitted into evidence under the co-conspirator exception to the hearsay rule.…
Read MoreState v. Alamilla Appellate Docket No.: A-5952-17T1 Decided September 23, 2020
New Jersey Supreme Court Established bright line ‘probable cause test” in 2015: State v. Alamilla Appellate Docket No.: A-5952-17T1 Decided September 23, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In an unpublished opinion, the Appellate Division of New Jersey reviewed a trial court’s denial of a motion to suppress 15 soil bags of marijuana…
Read MoreWhat is Probable Cause in New Jersey and what is Lawful Interaction of Police?
State v. Alamilla Appellate Docket No.: A-5952-17T1 Decided September 23, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In an unpublished opinion, the Appellate Division of New Jersey reviewed a trial court’s denial of a motion to suppress 15 soil bags of marijuana found in the back of a tractor trailer, after the driver blurted…
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