New Jersey Criminal Law
State v. Goldsborough
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. This case stems from an appeal from a conviction, specifically a denied motion to suppress evidence. Officers in Cumberland County were executing an arrest warrant on defendant’s house when they approached the front door. There were multiple officers in a line at the front door with the…
Read MoreNew Jersey’s New Expungement Law effective June 2021
The bill that Gov. Murphy signed is now designated L. 2019, c.269. With minor exceptions, L. 2019, c.269 takes effect on June 15, 2020. Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Prior law: When a defendant’s criminal record included two or more totally unrelated criminal convictions, none of those convictions could be expunged. Once…
Read MoreTwitter Tells Facial Recognition Trailblazer to Stop Using Site’s Photos
Twitter said Clearview AI, whose app is spreading in law enforcement, was violating its policies. Lawmakers also expressed privacy concerns. Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. A mysterious company that has licensed its powerful facial recognition technology to hundreds of law enforcement agencies is facing attacks from Capitol Hill and from at least…
Read More‘Private Enclave’? Supreme Court Deciding Whether Cellphone Passcodes Are Protected
The case “could cause the court to diverge on constitutional amendments” and have a seminal impact, Justice Barry Albin said during the arguments at the Richard J. Hughes Justice Complex in Trenton. Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Hours of arguments were heard by the New Jersey Supreme Court on whether a criminal…
Read MoreN.J.S.A. 2C:39-5(b)(1) unlawful possession of weapon
STATE OF NEW JERSEY, v. KENNETH G. MURILLO, Decided December 11, 2019 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Defendant appeals from his conviction for second-degree unlawful possession of a handgun, N.J.S.A. 2C:39-5(b)(1).1 Police found the gun stashed in a wall of a commercial establishment on a public street, where defendant had no privacy interest.…
Read MorePRETRIAL RELEASE AND ‘NATURE OF OFFENSE”
The State sought defendant’s detention under the Criminal Justice Reform Act, N.J.S.A. 2A:162-15 to 26. STATE OF NEW JERSEY v. J.A.R.R., December 11, 2019 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. On leave granted, the State appeals from the trial court’s July 18, 2019 order, entered after an earlier remand, denying the State’s motion to…
Read MoreNJ Expungement’s New exception for “Crime Spree” charges for multiple convictions from one ‘event’. The sole issue presented on appeal is whether the 2018 crime spree amendment to N.J.S.A. 2C:52-2(a) permits the expungement of C.P.M.’s 2005 convictions.
IN THE MATTER OF THE EXPUNGEMENT OF C.P.M. December 6, 2019 APPROVED FOR PUBLICATION December 6, 2019 APPELLATE DIVISION Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. New Jersey’s expungement new procedure under the “crime spree” doctrine set forth in the 2018 amendment to N.J.S.A. 2C:52-2(a). Because we conclude that C.P.M.’s convictions were not “closely related in…
Read MoreGoodson, Part 2 — From the street to the house…..Can the police get into the house and search?
STATE OF NEW JERSEY v. ROBERT O. GOODSON, Decided December 3, 2019 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Defendant Robert O. Goodson appeals from his October 27, 2017 conviction after his motion to suppress the evidence was denied. Because the facts track very closely with those in State v. Rosario, 229 N.J. 263 (2017), we reverse,…
Read MoreField Inquiry by police or investigative detention?
Which one are you involved in? Are you free to leave? Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. STATE OF NEW JERSEY v. ROBERT O. GOODSON, Decided December 3, 2019 Defendant Robert O. Goodson appeals from his October 27, 2017 conviction after his motion to suppress the evidence was denied. Because the facts track very closely with…
Read MoreState v. Phillips
State v. Phillips Docket No. A-3953-18T4 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark One night, police received complaints about drug dealing occurring at the Rodeway Inn, and the hotel manager told police that there had been heavy foot traffic in and out of Room 107. The police conducted surveillance and observed a male leave…
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