New Jersey Criminal Law
Supreme Court Order Extends COVID-19 -Related Suspensions of Court Proceedings and Other Matters
The Supreme Court issued an order today extending the deadlines for the suspension of court proceedings and other matters in light of the ongoing public health emergency caused by coronavirus COVID-19. The order extends by 30 days the provisions set forth in previous orders involving criminal, civil, family, tax and municipal courts. It also continues…
Read MoreSUPREME COURT OF NEW JERSEY – Statement on COVID-19 and court policy
SUPREME COURT OF NEW JERSEY In response to the growing public health crisis worldwide and in this state involving the COVID-19 coronavirus, the New Jersey Judiciary continues to implement all possible measures to apply social distancing in court operations consistent with the recommendations of the New Jersey Department of Health (“NJ DOH”) and the Centers…
Read MoreState v. Miller
State v. Miller A-2457-17T1 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In a recent unpublished opinion State v. Miller, the Appellate Division decided several important legal issues involving protection of the Fourth Amendment to the United States’ Constitution against unlawful search and seizure. In State v. Miller, police recognized an individual sitting on outdoor…
Read MoreSupremes order release of muni court inmates due to virus threat
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Muni-mail [March 23, 12:32pm est] – By a consent order signed this morning, the Supreme Court has ordered the release from county jails municipal court-sentenced inmates and others who are serving jail sentences as a condition of probation. This action was taken to mitigate the danger of…
Read MoreState v. Rustin
State v. Rustin Appellate Docket No.: A-2241-18T2 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In an unpublished opinion, the Appellate Division of New Jersey heard argument on the issue of the ability to suppress video evidence that was obtained by police through a private third party. In State v. Rustin, police responded to reports…
Read MoreRequest to Commute or Suspend Certain County Jail Sentences
https://www.criminalcivillawyer.com/wp-content/uploads/Request-to-Commute-or-Suspend-Certain-County-Jail-Sentences.pdf Submitted by New Jersey Criminal Lawyer, Jeffrey Hark This matter having come before the Court on the request for relief by the Office of the Public Defender (see attached letter dated March 19, 2020), seeking the Court’s consideration of a proposed Order to Show Cause (see attached) designed to commute or suspend county jail…
Read MoreExecutive Order directs businesses, including law firms, to operate with limited in-office operations; urges workforces to telework
By NJSBA Staff posted yesterday Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Gov. Phil Murphy ordered all non-essential retail businesses in New Jersey to close by 9 p.m. tonight in hopes of slowing the spread of COVID-19. Murphy issued an executive order today that directs almost all residents of the state to stay at…
Read MoreState v. Pierre
Docket No. A-0634-19T6 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Defendant was arrested on September 19, 2019, and charged with disorderly-persons resisting arrest, N.J.S.A. 2C:29-2(a)(1), and fourth-degree criminal mischief, N.J.S.A. 2C:17-3(a)(1). The next day, the State moved for pretrial detention. To establish probable cause at the detention hearing, the State relied only on the…
Read MoreChief Justice Rabner Announces Two-Week Suspension of Municipal Court Sessions
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Municipal court sessions will be suspended for two weeks, beginning Monday, to mitigate public exposure to COVID-19 coronavirus, Chief Justice Stuart Rabner announced today. For the two-week period from Monday, March 16 to Friday, March 27, individuals scheduled to appear before a Municipal Court to contest a…
Read MoreFord v. Department of Corrections & Graf v. Department of Corrections
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. The facts of both of these cases go as follows: in Ford, Plaintiff in this case was an inmate appealing the denial of his claim for reimbursement for lost, damages, or destroyed property. As he moved from pre-trial hearing detention to general population, his belongings were returned…
Read More