Posts Tagged ‘New Jersey Criminal Law’
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State v. Rustin Appellate Docket No.: A-2241-18T2 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In an unpublished opinion, the Appellate Division of New Jersey heard argument on the issue of the ability to suppress video evidence that was obtained by police through a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…
Read MoreState 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…
Read MoreChief Justice Rabner Announces Two-Week Suspension of Municipal Court Sessions
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Municipal court sessions will be suspended for two weeks, beginning Monday, to mitigate public exposure to COVID-19 coronavirus, Chief Justice Stuart Rabner announced today. For the two-week period from Monday, March 16 to Friday, March 27, individuals scheduled to appear before a Municipal Court to contest a…
Read MoreFord v. Department of Corrections & Graf v. Department of Corrections
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. The facts of both of these cases go as follows: in Ford, Plaintiff in this case was an inmate appealing the denial of his claim for reimbursement for lost, damages, or destroyed property. As he moved from pre-trial hearing detention to general population, his belongings were returned…
Read More‘Private Enclave’? Supreme Court Deciding Whether Cellphone Passcodes Are Protected
The case “could cause the court to diverge on constitutional amendments” and have a seminal impact, Justice Barry Albin said during the arguments at the Richard J. Hughes Justice Complex in Trenton. Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Hours of arguments were heard by the New Jersey Supreme Court on whether a criminal…
Read MoreN.J.S.A. 2C:39-5(b)(1) unlawful possession of weapon
STATE OF NEW JERSEY, v. KENNETH G. MURILLO, Decided December 11, 2019 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Defendant appeals from his conviction for second-degree unlawful possession of a handgun, N.J.S.A. 2C:39-5(b)(1).1 Police found the gun stashed in a wall of a commercial establishment on a public street, where defendant had no privacy interest.…
Read MoreNJ Expungement’s New exception for “Crime Spree” charges for multiple convictions from one ‘event’. The sole issue presented on appeal is whether the 2018 crime spree amendment to N.J.S.A. 2C:52-2(a) permits the expungement of C.P.M.’s 2005 convictions.
IN THE MATTER OF THE EXPUNGEMENT OF C.P.M. December 6, 2019 APPROVED FOR PUBLICATION December 6, 2019 APPELLATE DIVISION Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. New Jersey’s expungement new procedure under the “crime spree” doctrine set forth in the 2018 amendment to N.J.S.A. 2C:52-2(a). Because we conclude that C.P.M.’s convictions were not “closely related in…
Read MoreGoodson, Part 2 — From the street to the house…..Can the police get into the house and search?
STATE OF NEW JERSEY v. ROBERT O. GOODSON, Decided December 3, 2019 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Defendant Robert O. Goodson appeals from his October 27, 2017 conviction after his motion to suppress the evidence was denied. Because the facts track very closely with those in State v. Rosario, 229 N.J. 263 (2017), we reverse,…
Read MoreField Inquiry by police or investigative detention?
Which one are you involved in? Are you free to leave? Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. STATE OF NEW JERSEY v. ROBERT O. GOODSON, Decided December 3, 2019 Defendant Robert O. Goodson appeals from his October 27, 2017 conviction after his motion to suppress the evidence was denied. Because the facts track very closely with…
Read MoreState v. Phillips
State v. Phillips Docket No. A-3953-18T4 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark One night, police received complaints about drug dealing occurring at the Rodeway Inn, and the hotel manager told police that there had been heavy foot traffic in and out of Room 107. The police conducted surveillance and observed a male leave…
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