New Jersey Criminal Law
What is Probable Cause in NJ and what is Lawful Interaction on Behalf of Police? State v. Alamilla
State v. Alamilla Appellate Docket No.: A-5952-17T1 Decided September 23, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Another key to this decision is the standard of review by the appellate court, which is used in virtually every appellate appeal for trial court decisions. In order to be successful on appeal you must be aware…
Read MoreThe Different Levels of Information Officers Need to Properly Make an Arrest and Charge Someone with a Crime
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 In an unpublished opinion, the Appellate Division of New Jersey reviewed a trial court’s denial of a motion to suppress 15 soil bags of marijuana found in the back of a tractor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…
Read MoreYOUR CELL PHONE PASSCODE IS NOT PROTECTED BY 5TH AMENDMENT SELF INCRIMINATION
In Re Matter of State’s Application to Compel M.S. to Provide Passcode Appellate Docket No.: A-4509-18T2 Decided September 11, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In a recent unpublished decision, the Appellate Division reviewed whether the requirement of a defendant to turnover his passcode to his cell phone constituted a violation of the…
Read MoreYOUR IPHONE PASSCODE IS NOT PROTECTED BY 5TH AMENDMENT SELF INCRIMINATION
State v. Andrews Appellate Docket No.: A-72-18 Decided August 10, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In a recent New Jersey Supreme Court decision, the Court reviewed whether the requirement of a defendant to turnover his passcode to his iphone constituted a violation of the 5th Amendment right against self-incrimination. In State…
Read MoreCan Recording Police Radio Transmissions, Possibly Containing Hearsay, Be Used to Convict a Defendant for Eluding?
State v. Worsley Appellate Docket No.: A-2958-17T2 Decided September 1, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In a recent unpublished decision, the Appellate Division reviewed whether admission of recordings of police radio transmissions, possibly containing hearsay, used to convict a defendant for eluding. In State v. Worsley, defendant left a Long Branch bar…
Read MoreCan Phone Calls Made on A Recorded Line From Prison Could Be Used As Evidence To Convict A Defendant?
State v. Townsend Appellate Docket No.: A-5387-17T4 Decided August 28, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In a recent unpublished decision, the Appellate Division reviewed whether of phone calls made on a recorded line from prison could be used as evidence to convict a defendant. In State v. Townsend, after a jury found…
Read MoreCan an Inmate Could Cut His Sentence Short and Be Released Because of COVID-19 and a Worsening Health Condition?
State v. Lopez Appellate Docket No.: A-3786-19T4 Decided August 25, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In a recent unpublished decision, the Appellate Division reviewed whether an inmate could cut his sentence short and be released because of COVID-19 and a worsening health condition. In State v. Lopez, Defendant sought to amend his…
Read MoreDoes an Assault and Battery Exception Apply to Negligence in Allowing Assault and Battery to Occur?
Estate of Pickett v. Moore’s Lounge Docket No.: A-2230-17T2 Decided August 25, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In a recent published decision, the Appellate Division considered whether a tavern’s assault and battery exception applied to the tavern’s alleged negligence in allowing assault and battery to occur. In Pickett, Plaintiff, Pickett and…
Read MoreExpungements of Criminal Records Are Now Even Easier to Obtain In New Jersey
August 19, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. As of June 15, 2020, New Jersey has updated its expungement law, under the “Clean Slate” provisions. The Clean Slate law provides: Drug-related offenses resulting in a conviction are considered Disorderly Persons offenses for purposes of expungements. Having more than one drug offense is…
Read MoreIs It Appropriate for the Trial Judge to Sentence Probation on a Second Degree Grave’s Act Charge?
State v. Smith Appellate Docket No.: A-2840-18T1 Decided August 17, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In a recent unpublished decision, the Appellate Division reviewed whether it was appropriate for the trial judge to sentence probation on a Second Degree Grave’s Act charge. In State v. Smith, defendant was stopped by police…
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