Posts Tagged ‘Criminal Justice Reform Act’
Appeal 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Docket No. A-0601-21 Decided May 22, 2023 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from the denial of his motion to suppress his Mirandized statement to police.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 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A-2671-21 A-2672-21 Decided June 6, 2022 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent consolidated unpublished opinion, the Appellate Division of New Jersey reversed a Judge’s decision to extend defendant’s pretrial detention 60 days beyond the…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 MoreContempt Charges for a Violation of Pre-Trial Release Under the Criminal Justice Reform Act
State v. McCray: Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In consolidated cases, defendants appealed from the judgments of the appellate division reversing the orders of the trial court in defendants’ cases. In April 2017, defendant McCray was arrested and charged with second-degree robbery. A week later, the trial court released McCray subject to…
Read MoreViolating the Right to Speedy Trial Releases Defendants Convicted of Violent Offenses
State v. Williams Appellate Docket No.: A-2850-19T6 Decided and July 7, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In a recent published decision, the Appellate Division reviewed whether the State’s unreasonable delay in discovery was enough to release defendants convicted of violent offenses on the grounds that their speedy trial detention deadlines were…
Read MorePRETRIAL RELEASE AND ‘NATURE OF OFFENSE”
The State sought defendant’s detention under the Criminal Justice Reform Act, N.J.S.A. 2A:162-15 to 26. STATE OF NEW JERSEY v. J.A.R.R., December 11, 2019 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. On leave granted, the State appeals from the trial court’s July 18, 2019 order, entered after an earlier remand, denying the State’s motion to…
Read MoreNJ Pre-trial Detention hearings and What evidence must be turned over by the state — Criminal Justice Reform Act — release 1963 US Supreme Court Decision — US V. Brady
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark State v. Shaquan Hyppolite (A-48-17) (080302) Argued September 13, 2018 — Decided December 11, 2018 RABNER, C.J., writing for the Court. ISSUE: When the State seeks to detain a defendant pretrial under the Criminal Justice Reform Act (CJRA), prosecutors must disclose “all exculpatory evidence” before the detention…
Read MorePregnancy and Pre-Trial Release Conditions
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In this case (State v. Imani Williams) the Appellate Division reviewed and additional factor, a defendant’s pregnancy, under New Jersey’s recent Criminal Justice Reform Act, the new bail reform law. The court ruled that pregnancy should not be given any greater weight relative to other pre-trial release…
Read MoreWhat Evidence am I Entitled to When Fighting Pretrial Detention?
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. The Supreme Court of New Jersey has recently clarified what evidence the State has to provide when arguing for a defendant to be detained before trial. The new Criminal Justice Reform Act effective January 1, 2017, allows for pretrial detention of defendants who present a serious risk…
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