New Jersey Criminal Law
Reversed: Denial of The State’s Motion to Compel Disclosure of Defendant’s iPhone Passcode
State of New Jersey v. C.J.L. Appellate Docket No.: A-1052-21 Decided April 18, 2022 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent published decision, the Appellate Division reversed the denial of the State’s motion to compel disclosure of defendant’s iPhone passcode based on the misapplication of the foregone conclusion. In C.J.L.,…
Read MoreMotor Vehicle Search and Seizure of Significant Amounts of Marijuana After Defendant Initiated His Turn Signal During a Lane Change
State v. Dylan Barazanji Appellate Docket No.: A-240-20 Decided April 14, 2022 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished decision, the Appellate Division of New Jersey affirmed a motor vehicle search and seizure of significant amounts of marijuana after defendant initiated his turn signal during a lane change rather…
Read MoreInformation On Social Media, Even Contained In “Private” Messenger Applications, Is Not Private Information
Facebook v. State of New Jersey Appellate Docket No.: A-3350-20 A-119-21 Decided April 4, 2022 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent published decision, the Appellate Division reviewed whether communication data warrants (CDW) can require the disclosure of prospective communications, or whether prospective communications require a wiretap order. In Facebook…
Read MoreInvestigation of a Robbery Under the Inevitable Discovery Rule That Led to An Officer Finding a Wad of Cash in a Vehicle
State v. Angel Nunez-Hernandez Appellate Docket No.: A-539-19 Decided March 24, 2022 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey upheld an investigation of a robbery under the inevitable discovery rule that led to an officer finding a wad of cash in a…
Read MoreDenial Of Reinstatement into Pretrial Intervention (PTI) After Defendant Failed to Abide By The Original Terms Of PTI
State v. Shakera Lowman Appellate Docket No.: A-695-19 Decided March 21, 2022 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey affirmed a denial of reinstatement into pretrial intervention (PTI) after defendant failed to abide by the original terms of PTI. In State v.…
Read MoreTerroristic Threats and Aggravated Assault Charges Reversed After the Court Found It Was a Plain Error to Admit Evidence Regarding the Temporary Restraining Order (TRO) That Related to This Incident.
State v. Chinaza Okeke Appellate Docket No.: A-1887-19 Decided March 18, 2022 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey reversed a trial conviction for terroristic threats and aggravated assault after the Court found it was a plain error to admit evidence regarding…
Read MoreUnderstand What a Defendant Must Demonstrate to Suppress Evidence Recovered by a Search Warrant
State v. Graham Appellate Docket No.: A-674-19 Decided March 15, 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 a motion to suppress and a Franks hearing after the trial court found defendant’s claim of mistruths of a CDS…
Read MoreUpheld: Warrantless Swab of Defendant’s Hands Two Hours After Finding His Stepfather in a Pool of Blood
State v. Torres Appellate Docket No.: A-1005-18 Decided March 1, 2022 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey upheld a warrantless swab of defendant’s hands two hours after finding his step father in a pool of blood. In State v. Torres, On…
Read MoreThere May Be Ways to Escape the Mandatory Minimums by Seeking a Graves Act Waiver, But Only Certain Individuals Are Eligible
State v. Lamborn Appellate Docket No.: A-740-19 Decided February 25, 2022 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey reversed the probationary sentence imposed on defendant Kevin M. Lamborn on the State’s motion for a Graves Act, N.J.S.A. 2C:43-6(c), waiver, following defendant’s guilty…
Read MorePost-Conviction Relief (PCR) Petition, Claimed Ineffective Counsel on The Issue of Jail Credits
State v. Huggins Appellate Docket No.: A-4414-19 Decided February 11, 2022 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey reviewed a pro se post conviction relief (PCR) petition, claiming ineffective counsel on the issue of jail credits. In State v. Huggins, On April…
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