New Jersey Criminal Law
Is 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 In a recent unpublished decision, the Appellate Division reviewed whether it was appropriate for the trial judge to sentence probation on a Second Degree Grave’s Act charge.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…
Read MoreYOUR IPHONE PASSCODE IS NOT PROTECTED BY 5TH AMENDMENT SELF INCRIMINIATION
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 v.…
Read MoreDefendants can be forced to turn over phone passcodes, N.J.’s highest court rules
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 MoreKidnapping While a Sex Assault Occurred and a “Substantial Period”
State v. Juan E. Cruz-Pena Appellate Docket No.: A-3-19 Decided August 4, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In a recent New Jersey Supreme Court decision, the Court reviewed whether there was a kidnapping under the statute while a sex assault occurred. In State v. Cruz-Pena, defendant was charged in a multi-count indictment…
Read MoreKidnapping Under the Statute While a Sex Assault Occurred
State v. Hedgespeth Appellate Docket No.: A-0850-18T3 Decided August 3, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In a recent decision approved for publication, the Appellate Division reviewed whether there was a kidnapping under the statute while a sex assault occurred. In State v. Hedgespeth, defendant was convicted of third-degree possession of a controlled…
Read MoreConstitutionality of a Warrantless Search and a Protective Sweep of a Residence
State v. Terres: Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Police were seeking to arrest a man named Fuller on a warrant and received information he was staying at a trailer park, possibly with defendant. State police informed officers defendant had been arrested and told officers that defendant said Fuller was at the trailer…
Read MoreState v. Davis | On the Pitfalls of Sharing a Lawyer
State v. Davis Appellate Docket No.: A-2784-18T3 Decided July 21, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished decision, the Appellate Division reviewed whether there was ineffective counsel for a law student, representing a defendant under the Court rules, was also court appointed to represent a codefendant for the same…
Read MoreContempt Charges for a Violation of Pre-Trial Release Under the Criminal Justice Reform Act
State v. McCray: Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In consolidated cases, defendants appealed from the judgments of the appellate division reversing the orders of the trial court in defendants’ cases. In April 2017, defendant McCray was arrested and charged with second-degree robbery. A week later, the trial court released McCray subject to…
Read MoreReopen the Pre-Trial Detention of a Defendant Due to a Material Change in Circumstances
State v. Pineiro: Submitted by New Jersey Criminal Lawyer, Jeffrey Hark This case arose out of an appeal by the State from the trial court’s grant of defendant’s motion to reopen his detention hearing and the order releasing defendant from detention pending disposition of his charges. On February 9, 2020, Clifton police arrested and charged…
Read MoreConstitutionality of a Search And Seizure of Evidence by Law Enforcement | State v. Kelly-Pallanta
State v. Kelly-Pallanta: Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Defendant pled guilty to possession of methamphetamine with intent to distribute following the denial of his motion to suppress evidence seized from his home pursuant to a search warrant. Defendant appealed the trial court’s October 17, 2017 order denying his motion to suppress the…
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