New Jersey Criminal Law
Supreme Court Of New Jersey Reviewed the Prohibition of Car Window Tint and Concluded That the Statute Was Unconstitutionally Vague
State v. David L. Smith Appellate Docket No.: A-4-21 Decided June 28, 2022 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent decision, the Supreme Court of New Jersey reviewed the prohibition of “non-transparent material” on car windows, otherwise known as tint, and concluded that the statute was unconstitutionally vague, reversing a finding of…
Read MoreA Defendant Cannot Be Subject to Enhanced Sentencing Outside the Negotiated Plea Agreement Based on New Charges Alone
State v. Jaime Cambrelen Appellate Docket No.: A-1008-20 Decided June 24, 2022 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent published opinion, the Appellate Division of New Jersey reversed a defendant’s enhanced sentencing after the State withdrew from the original plea agreement and recommended sentencing after defendant incurred new charges while pending sentencing…
Read MorePrior Bad Acts Were Not Found to Be Relevant to The Determination of Whether the Defendant Committed Sexual Assault
State v. Munroe Appellate Docket No.: A-0183-18 Decided May 23, 2022 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey reviewed whether a witness’s charge and subsequent conviction of a robbery could be used as evidence by the defendant to show that he did not sexually…
Read MoreReversed: Conviction of Aggravated Manslaughter After Defendant Confessed to Killing His Wife
State v. Abayuba Rivas Appellate Docket No.: A-15-21 Decided June 22, 2022 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent opinion, the Supreme Court of New Jersey reversed a jury conviction of aggravated manslaughter after defendant confessed to killing his wife. In State v. Rivas, at 10:00 a.m. on February 24, 2014, Rivas…
Read MoreConviction Reversed Because the Testifying Officer Improperly Promoted His Credentials Even Though He Was Not There for An Expert Opinion
State v. Imier Green Appellate Docket No.: A-2565-19 Decided June 10, 2022 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent consolidated unpublished opinion, the Appellate Division of New Jersey reversed defendant’s conviction because the testifying officer improperly promoted his credentials even though he was not there for an expert opinion, only a lay…
Read MoreProsecutor’s Inexcusable Delay in Turning Over Discovery Leads to Judge’s Decision Reversal
State v. Danron Morrisey State v. Marcus Morrisey State v. Louis Sloan Appellate Docket No.: A-2659-21 A-2671-21 A-2672-21 Decided June 6, 2022 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent consolidated unpublished opinion, the Appellate Division of New Jersey reversed a Judge’s decision to extend defendant’s pretrial detention 60 days beyond the…
Read MoreWitness’s Charge and Subsequent Conviction of a Robbery Used as Evidence by the Defendant to Show That He Did Not Sexually Assault the Witness
State v. Munroe Appellate Docket No.: A-0183-18 Decided May 23, 2022 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey reviewed whether a witness’s charge and subsequent conviction of a robbery could be used as evidence by the defendant to show that he did…
Read MoreIn The Matter of The Appeal from The Denial of Edwin G. Alvarado’s Application for a Firearms Identification Card
Appellate Docket No.: A-3230-20 Decided May 17, 2022 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey affirmed a denial of petitioner’s Firearms Purchaser Identification Card (FPIC or FID) after petitioner was found to be not credible, he resisted arrest, had a loaded shotgun…
Read MoreIN THE MATTER OF THE APPEAL FROM THE DENIAL OF A FIREARMS IDENTIFICATION CARD AND HANDGUN PERMIT TO PETER GOLDRING.
Appellate Docket No.: A-2464-20 Decided May 5, 2022 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey reviewed a denial of petitioner’s Firearms Purchaser Identification Card (FID) and Permit to Purchase a Handgun after petitioner plead guilty to a New York misdemeanor that was…
Read MoreStatements Made Without Properly Being Read Your Miranda Rights Could Be Suppressed
State v. O.D.A.-C. Appellate Docket No.: A-78-20 Decided May 2, 2022 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent decision, the Supreme Court of New Jersey reversed a denial of a motion to suppress after detectives continuously undermined the significance of the Miranda warning after properly administering Miranda. In O.D.A.-C., detectives…
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