New Jersey Criminal Law
Senate Bill 3205
[First Reprint] SENATE, No. 3205 STATE OF NEW JERSEY 218th LEGISLATURE INTRODUCED NOVEMBER 26, 2018 Sponsored by: Senator SANDRA B. CUNNINGHAM District 31 (Hudson) Senator M. TERESA RUIZ District 29 (Essex) SYNOPSIS Revises certain procedures for expungement of records of conviction. CURRENT VERSION OF TEXT As reported by the Senate Judiciary Committee on March 18,…
Read MorePTI Appeal—- Abuse of Prosecutor’s Discretion when considering factors no longer applicable!
State v. Davon M. Johnson New Jersey Supreme Court Argued March 11, 2019 — Decided May 30, 2019 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Issue on Appeal: Johnson’s unsuccessful application for pretrial intervention (PTI). Johnson was charged with third-degree possession of a controlled dangerous substance (CDS) within 1000 feet of a school zone,…
Read MoreIllegal “prolong defendant’s roadside detention” and a police dog sniff his vehicle for drugs
State v. Rodriguez New Jersey Appellate Division May 21, 2019 (Not Approved for Publication) Submitted by New Jersey Criminal Layer, Jeffrey Hark Issue: How long can the police keep a motor vehicle driver at a motor vehicle stop for a mere equipment violation? Facts: The following facts are derived from the motion record. On March…
Read MoreMust a Criminal Defendant Turn Over Cellphone Passwords? NJ Supreme Court Will Decide
Must a Criminal Defendant Turn Over Cellphone Passwords? NJ Supreme Court Will Decide In an increasingly technological age, the case is one lawyers are paying close attention to with the Association of Criminal Defense Lawyers of New Jersey listed as an amicus. Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Does compelling a criminal defendant…
Read MoreWhat is Reasonable & Articulable Suspicion mean in New Jersey in the confines of a motor vehicle stop??
State v. Nelson, New Jersey Supreme Court Decided May 8, 2019 — Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. We therefore consider whether a reasonable and articulable suspicion beyond that which justified the stop supported the canine sniff. See Dunbar, 229 N.J. at 540 (“[I]f an officer has articulable reasonable suspicion independent from the reason…
Read MoreNEWS FLASH, NJ Supreme Court Rules: Motor Vehicle stop extended for 40 minutes in order to wait for Drug Sniffing dog deemed acceptable in New Jersey
State v. Nelson, New Jersey Supreme Court Decided May 8, 2019 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Commentary: The court rules that a 40 minute wait for a drug sniffing dog to arrive based on relatively flimsy ‘independent reasonable and articulable suspicion” of the detective who conducted a motor vehicle stop was not…
Read MoreUnlawful Possession for Weapon Protective Sweep by police at scene of Motor Vehicle Stop
There must be specific and articulable facts that, at the time of the search of a vehicle, a person is capable of gaining immediate control of a weapon or weapons Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. State v. Ortiz New Jersey Appellate Division May 6, 2019 (Not Approved for Publication) Facts: The salient…
Read MoreStandard of review Suppression of Evidence Pre-State v. Witt (Pena-Flores Standard of Review) Motor Vehicle Stop New Jersey
State v. Ortiz New Jersey Appellate Division May 6, 2019 (Not Approved for Publication) Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In reviewing a motion to suppress evidence, this court must defer to the trial court’s fact findings underlying its decision, “so long as those findings are supported by sufficient credible evidence in the…
Read MoreState v. James L. Rogers NJ Appellate Division Decided May 3, 2019 (Not Approved for Publication)
State v. James L. Rogers Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Pertinent Facts: The defendant was brought to the police department and advised he will have to submit to the Alcotest. Both at the scene and after he was taken to the police station, defendant was uncooperative and confrontational. On the charge for…
Read MoreState v. James Rogers Decided May 3, 2019 New Jersey Appellate Division (Not Approved for Publication) Appealing a Municipal Court Conviction — Standard of Review
State v. James Rogers Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. An appeal of a municipal court conviction must first be addressed by the Law Division de novo. R. 3:23-8. The role of the Law Division is to make independent findings of facts and conclusions of law based on the record developed in the…
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