State v. Davis | On the Pitfalls of Sharing a Lawyer

July 24, 2020

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Docket No.: A-2784-18T3 Decided July 21, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished decision, the Appellate Division reviewed whether there was ineffective counsel for a law student, representing a defendant under the Court rules, was also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…

Contempt Charges for a Violation of Pre-Trial Release Under the Criminal Justice Reform Act

July 22, 2020

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…

Reopen the Pre-Trial Detention of a Defendant Due to a Material Change in Circumstances

July 22, 2020

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…

Constitutionality of a Search And Seizure of Evidence by Law Enforcement | State v. Kelly-Pallanta

July 16, 2020

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…

The Constitutionality of a Pre-Trial Detention Based on Defendants’ Immigration Status

July 13, 2020

State v. Molchor: Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Defendants were arrested for aggravated assault and criminal mischief. The facts stipulate that defendants allegedly attacked and injured the host at a party they attended, and afterwards fled the scene in a car before being stopped by police. They were apparently under the influence.…

Constitutionality of the Seizure of Evidence by Law Enforcement

July 13, 2020

State v. Torres: Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. After the trial court denied his motion to suppress the seizure of the clothing he was wearing when he was taken into custody, defendant pleaded guilty to first degree murder, N.J.S.A. 2C:11-3(a) (1) (count one); second-degree disturbing human remains, N.J.S.A. 2C:22-1(a)(1) (count four); and…

Drug Dealer Guilty of First-Degree Strict Liability for Drug Induced Death

July 9, 2020

State v. Laporte Appellate Docket No.: A-4572-17T3 Decided and July 8, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In a recent unpublished decision, the Appellate Division reviewed whether the State’s unreasonable delay in discovery was enough to release defendants convicted of violent offenses on the grounds that their speedy trial detention deadlines were…

Violating the Right to Speedy Trial Releases Defendants Convicted of Violent Offenses

July 8, 2020

State v. Williams Appellate Docket No.: A-2850-19T6 Decided and July 7, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In a recent published decision, the Appellate Division reviewed whether the State’s unreasonable delay in discovery was enough to release defendants convicted of violent offenses on the grounds that their speedy trial detention deadlines were…

Defendant’s Sixth Amendment Right to Confront A Witness | State v. Jackson

July 5, 2020

State v. Jackson: Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In November 2014, a man witnessed an individual exiting his home carrying his TV. When he entered his own home, the victim found his TV, computer, and video game console missing. The victim described the man carrying his TV to police and alleged his…

Reckless Driving and Eluding Law Enforcement Offenses: State v. Watson

July 1, 2020

State v. Watson: Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In September 2016, a woman reported her car had been stolen from her boyfriend’s house and her two debit cards were missing. Store surveillance photos showed a person using one of the cards and leaving in a vehicle similar to the victim’s. Police spotted…