What Constitutes Reasonable Suspicion for A Motor Vehicle Stop

State v. Vargas Appellate Docket No.: A-1998-18T4 Decided June 2, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In an unpublished opinion, the Appellate Division of New Jersey heard argument on the issue of an improper jury charge. In State v. Vargas, the Defendant Ramon L. Vargas was indicted for second-degree unlawful possession of…

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State v. Gayle | Post-Conviction Relief Motion

State v. Gayle Appellate Docket No.: A-1332-18T2 Decided May 1, 2020 And Appellate Docket No. A-0575-14T4 Decided Mar 17, 2017 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a pair of unpublished opinion, the Appellate Division of New Jersey heard argument on the issues of admissibility of a device police used that can track…

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New York Court System Plans to Relax Coronavirus Restrictions

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. New York’s court system plans to thaw out its coronavirus restrictions, saying it will take initial steps to open up the courts for pending nonessential cases starting Monday. Chief Administrative Judge Lawrence Marks made the announcement in a memorandum this week to trial court judges and justices. The state…

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State v. T.B.

Appellate Docket No.: A-2417-18T2 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In an unpublished opinion, the Appellate Division of New Jersey heard argument on the issue of an application by a Defendant for post-conviction relief (PCR). In State v. T.B., the Defendant assaulted his girlfriend in her apartment during an argument.  He repeatedly punched…

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State v. Cliver

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Appellate Docket No.: A-0150-19T4 In an unpublished opinion, the Appellate Division of New Jersey heard argument on the issue of a Defendant’s application into Pretrial Intervention (PTI). In State v. Cliver, the Defendant was accused of fondling the penis of a boy under the age of thirteen…

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How NJ Prosecutors Are Using Criminal Charges Against Coronavirus Order Violations

“I’ve established a statewide network of prosecutors to advise police on how to pursue these charges,” Attorney General Gurbir Grewal said. Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Ensuring 9 million residents are staying home in the nation’s most densely populated state during a global pandemic is a daunting task by all accounts. So…

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State v. Miller

State v. Miller A-2457-17T1 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In a recent unpublished opinion State v. Miller, the Appellate Division decided several important legal issues involving protection of the Fourth Amendment to the United States’ Constitution against unlawful search and seizure. In State v. Miller, police recognized an individual sitting on outdoor…

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State v. Rustin

State v. Rustin Appellate Docket No.: A-2241-18T2 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In an unpublished opinion, the Appellate Division of New Jersey heard argument on the issue of the ability to suppress video evidence that was obtained by police through a private third party. In State v. Rustin, police responded to reports…

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State v. Pierre

Docket No. A-0634-19T6 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Defendant was arrested on September 19, 2019, and charged with disorderly-persons resisting arrest, N.J.S.A. 2C:29-2(a)(1), and fourth-degree criminal mischief, N.J.S.A. 2C:17-3(a)(1). The next day, the State moved for pretrial detention. To establish probable cause at the detention hearing, the State relied only on the…

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