New Jersey Criminal Law
Motion To Suppress Evidence Seized as the Result of an Unlawful Search
State of New Jersey v. Damon Gary Docket No. A-0590-22 Decided June 9, 2023 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided the State’s appeal from an order granting defendant’s motion to suppress a handgun recovered during a stop and frisk. On February 16,…
Read MoreAppeal Of the Denial of Motion to Suppress Mirandized Statement to Police
State of New Jersey v. Nicholas Gomez-Zuniga Docket No. A-0601-21 Decided May 22, 2023 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from the denial of his motion to suppress his Mirandized statement to police. In July 2017, the State moved for…
Read MoreMotion To Dismiss Indictment Based on Stated Completion of Pre-Trial Intervention (PTI) Program: Denied
State of New Jersey v. Devon Grant Docket No. A-3147-19 Decided May 31, 2023 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from an order denying his motion to dismiss his indictment based on his stated completion of the pre-trial intervention (PTI)…
Read MorePolice May Not Enter a Detained Vehicle Under the Authority of the Registration Search
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Yesterday New Jersey’s Appellate Division held, in a published opinion in the case of State v. Johnson, established new rules which all New Jersey’s police must follow when conducting a motor vehicle search for a paper copy of a registration. The panel reversed the trial judge’s denial of…
Read MoreMotion to Suppress Marijuana and a Firearm Seized During a Traffic Stop
State of New Jersey in the Interest of S.H. Docket No. A-2170-20 Decided May 31, 2023 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided S.H.’s appeal from an order denying his motion to suppress marijuana and a firearm seized during a traffic stop. In…
Read MoreState Of New Jersey V. Osher Eisemann: Case Pertaining to Motions for a New Trial Based on Newly Discovered Evidence and Brady Violations
State of New Jersey v. Osher Eisemann Docket No. A-0186-22 & A-0187-22 Decided May 26, 2023 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided the State’s motion for leave to appeal the order granting defendant a new trial. The basis of defendant’s charges stemmed…
Read MoreNJ Court Dismisses Appeal of Detained Non-Citizen: Hark & Hark Represents Clients in Pretrial Detention Orders
State of New Jersey v. Gregory Albamata Docket No. A-1341-22 Decided April 12, 2023 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided the defendant’s appeal from an order revoking his release and detaining him pretrial under the Criminal Justice Reform Act, N.J.S.A. 2A:162-15 to…
Read MoreNJ Appellate Court Affirms Denial of PCR Petition in State v. Vargas: Hark & Hark Offers Experienced Post-Conviction Relief Representation
State of New Jersey v. Zabdiel Vargas Docket No. A-3008-20 Decided April 10, 2023 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from a February 12, 2021 order denying his petition for post-conviction relief (“PCR”) without an evidentiary hearing. In November 2017,…
Read MoreAppellate Court Remands Ceatta Thomas Case for Further Consideration of Mental Health in Denial of Pretrial Detention Order Appeal
State of New Jersey v. Ceatta Thomas Docket No. A-2006-22 Decided April 5, 2023 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided the State’s appeal from a Law Division order denying its motion for pretrial detention pursuant to the Criminal Justice Reform Act, N.J.S.A.…
Read MoreAs Long as Officers Are Lawfully Present and There Is Evidence of a Crime That Is Immediately Apparent to Officers, They Can Seize the Evidence Without a Warrant
State v. Marese Washington, Jr. Appellate Docket No.: A-0733-22 Decided April 5, 2023 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent published opinion, the Appellate Division of New Jersey reversed a granting of a motion to suppress after finding that police lawfully seized defendant’s vehicle in plain view after it was immediately apparent…
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