Posts Tagged ‘New Jersey Criminal Law’
Witness’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Docket No.: A-0183-18 Decided May 23, 2022 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey reviewed whether a witness’s charge and subsequent conviction of a robbery could be used as evidence by the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 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…
Read MoreReversed: 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No.: A-240-20 Decided April 14, 2022 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished decision, the Appellate Division of New Jersey affirmed a motor vehicle search and seizure of significant amounts of marijuana after defendant initiated his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 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No.: A-695-19 Decided March 21, 2022 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey affirmed a denial of reinstatement into pretrial intervention (PTI) after defendant failed to abide by the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 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 MoreTwo Lindenwold Juveniles Charged With Possession of a Firearm
Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark Lindenwold, N.J. – Acting Camden County Prosecutor Jill S. Mayer and Lindenwold Police Chief Michael McCarthy, Jr., announce that two Camden County youth (both 17 years of age) have been charged with firearms offenses as a result of an investigation conducted by the Lindenwold Police Department…
Read MoreCan a Witness’s Exclamatory Outbursts During Trial Testimony Warrant a Mistrial?
State v. Sullivan Appellate Docket No.: A-1675-18 Decided October 22, 2021 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 exclamatory outbursts during trial testimony warranted a mistrial, despite the Judge issuing limiting instructions immediately. In State v. Sullivan, Ryan…
Read MoreIs a Sidewalk That Was Closed to The Public, A “Closed Structure” For the Criminal Charge of Burglary
State v. Richardson Appellate Docket No.: A-2244-19 Decided August 18, 2021 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey reviewed whether a sidewalk that was closed to the public was a “closed structure” for the criminal charge of burglary. In State v. Richardson,…
Read MoreNew Jersey Court Rule Changes
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark
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