New Jersey Criminal Law
Denied: Defendant’s Appeal of An Order His Motion for Admission into The Pretrial Intervention (“PTI”) Program
State of New Jersey v. Russell Olexa Docket No. A-0361-21 Decided October 3, 2022 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided the defendant’s appeal of an order denying his motion for admission into the Pretrial Intervention (“PTI”) program. On May 28, 2019, defendant,…
Read MoreMotion To Reopen Detention Based on New and Material Evidence That Was Previously Unknown at the Initial Hearing
State of New Jersey v. Frank Crusen Docket No. A-3234-21 Decided September 30, 2022 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided the State’s appeal of an order that granted defendant’s motion to reopen his detention hearing and denied the State’s detention motion. Defendant…
Read MoreANOTHER REVIEW OF NEW JERSEY’S “RED FLAG LAW”
In the Matter of J.E. Appellate Docket No.: A-3694-20 Decided September 30, 2022 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey reviewed a granting of a Final Extreme Risk Protective Order (FERPO) in light of respondent threatening to harm his dog and commit suicide. In…
Read MoreIP Address Data Is Not Analogous to Cell Site Location Information and Therefore Does Not Require a Warrant
State v. Kelvin Briggs Ind. No. 18-08-0647-I Decided July 15, 2019 Approved for Publication September 19, 2022 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In an opinion recently approved for publication, Defendant filed a motion to suppress internet protocol (“I.P.”) address data, which the court ultimately denied after conducting oral argument and considering the written…
Read MoreAppellate Court Of New Jersey Affirmed the Trial Court’s Ruling That Denied the Defendant’s Motion to Reduce His Sentence
State of New Jersey v. William Dunbar Docket No. A-1555-20 Decided September 19, 2022 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey affirmed the trial court’s ruling that denied the defendant’s motion to reduce his sentence. In this case, the defendant went to…
Read MoreDefendant Was Not Seized Prior To Detective Witnessing the Gun, As Defendant Was Still Manipulating the Gun in His Waistband
State of New Jersey v. Anthony Ford Docket No. A-2262-19 Decided September 9, 2022 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey affirmed the trial court’s ruling and also held that the Defendant was not seized prior to Detective Jimenez witnessing the…
Read MoreMiranda Warnings Are Required Whenever There Is A “Custodial Interrogation”
State of New Jersey v. Michael Olenowski Decided August 18, 2022 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent published opinion, the Supreme Court of New Jersey authored an extensive decision determining whether Drug Recognition Expert (“DRE”) evidence satisfies the reliability standard of N.J.R.E. 702 to allow its admission into evidence. R. 702 states,…
Read MoreOverturned: Suppression of Evidence Found in The Trunk of a Car After Officers Failed to Completely Search the Passenger Area of the Vehicle
State v. Joshua McMillian Appellate Docket No.: A-3899-19 Decided July 19, 2022 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished decision, the Appellate Division of New Jersey overturned a trial court’s suppression of evidence found in the trunk of a car after officers failed to completely search the passenger area of the…
Read MoreSearch And Seizure of a Handgun and Drugs Suppressed After Officers Lacked Reasonable Suspicion
State v. Nazier Goldsmith Appellate Docket No.: A-77-20 Decided July 5, 2022 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent decision, the Supreme Court of New Jersey suppressed a search and seizure of a handgun and drugs after officers lacked reasonable suspicion defendant was committing a crime after exiting the walkway adjacent to…
Read MoreOfficers Had Probable Cause to Search Defendant’s Vehicle Due to a Canine Sniff, But Were Required to Request a Search Warrant
State v. Kyle A. Smart Appellate Docket No.: A-2334-21 Decided June 30, 2022 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent published decision, the Appellate Division of New Jersey affirmed a trial court’s granting of a motion to suppress after officers had probable cause to search defendant’s vehicle due to a canine sniff,…
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