New Jersey Criminal Law
Buccal Swab to match Handgun DNA | Summary: State v. Browne
State v. Browne Docket No. A-0371-17T1 Issue: The issue in this case is whether the trial court erred in granting the State’s pretrial application to obtain a buccal swab from the defendant to extract a sample of his DNA. Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Facts: At approximately 1:00 a.m. on April 19,…
Read MoreNew Jersey vs. Bing PTI Rejection Review
STATE OF NEW JERSEY, Plaintiff-Respondent, v. WILLIAM S. BING, SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Decided September 16, 2019 Issue: Defendant appeals the denial of his pretrial intervention (PTI) application. Finding no ground that would permit judicial intervention into that prosecutorial determination, we affirm. Facts: Defendant was indicted…
Read MoreState v. Satoris NJ Appellate Division September 14, 2019 Power of the Trial Court
State v. Satoris Appellate Division September 14, 2019 Appeal from Gloucester County Law Division Appeal from a trial court determination —— Evidence dicition by the Trial Judge Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. All trial courts are vested with broad discretion in determining whether proffered evidence is relevant, and if so, whether it should…
Read MoreMurphy seeks to influence gun policy with ‘power of the purse strings’
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. MORRISTOWN — Gov. Phil Murphy’s administration plans to use the “power of the purse strings” to advocate for stricter gun policies not just in New Jersey, but nationally. Murphy on Tuesday signed an executive order that will govern how New Jersey does business with firearms retailers and…
Read MoreWhat is the prosecutor’s power for a PTI denial?
STATE OF NEW JERSEY, v. LEVAR MARTINBOROUGH, NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not “constitute precedent or be binding upon any court.” Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3.…
Read MoreCan Not Give A ‘Knowing and Voluntary’ Statement Without Being Told That A Warrant Has Been Signed Against Them
NJ Appellate Division Rules a defendant can not give a ‘knowing and voluntary’ statement without being told that a summons or warrant has been signed against them in the 1st place!! Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. STATE OF NEW JERSEY, v. MICHAEL D. WHITE, Decided August 30, 2019 Gloucester County, Indictment No. 18-01-0079.…
Read MoreAG Grewal Issues First-In-The-Nation Statewide Directive to Enforce New Jersey’s “Extreme Risk” Gun Safety Law
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. For Immediate Release: For Further Information: August 15, 2019 Office of The Attorney General – Gurbir S. Grewal, Attorney General Division of Criminal Justice – Veronica Allende, Director Media Inquiries– Peter Aseltine 609-292-4791 Citizen Inquiries– 609-984-5828 AG Grewal Issues First-In-The-Nation Statewide Directive to Enforce New Jersey’s “Extreme…
Read MoreMy Home is a castle—- Even if it is an abandoned row home that I do not own!
An expectation of privacy and “public access” to a common area of a boarded up row home. Submitted by New Jersey Criminal Lawyer, Jeffrey Hark State v. Williams NJ Appellate Division August 19, 2019 Approved for Publication Issue: The central issue in this appeal is whether a resident of a boarding or rooming house…
Read MoreSuppression of Evidence required when police enter a home without a warrant – State v. ADL August 7, 2019
STATE OF NEW JERSEY, v. MIKIEL A. ADL, SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION Decided August 7, 2019 (NOT APPROVED FOR PUBLICATION) Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In this case the police came to a home in search of a shooter. One officer knocked on the door in plain cloths, however there were…
Read MoreState of New Jersey v. Zia Shaikh Superior Court of New Jersey Appellate Division July 9, 2019
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Defendant Zia Shaikh was convicted for careless driving and for using a cell phone while operating a motor vehicle in Bayonne on March 12, 2017. Defendant also pleaded guilty to a parking ticket in a separate matter. On defendant’s appeal, the Law Division issued an order on…
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