In Order for Search and Seizure, Officers Need Probable Cause Through A Warrant or Circumstances That Would Ordinarily Permit Officers to Get A Warrant

April 7, 2021

State v. Weaver Appellate Docket No.: A-4582-18 Decided April 6, 2021 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark.             In a recent unpublished opinion, the Appellate Division of New Jersey reviewed a police search of a home that lead to finding firearms under a mattress without a warrant and in search of the defendant who…

Prosecutor Misconduct During A Trial Can Deny A Defendant A Right to A Fair Trial – Make Sure Your Attorney Recognizes It!

March 11, 2021

State v. Garcia Docket No.: A-47-19 Decided March 10, 2021 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In a opinion, the Supreme Court of New Jersey reviewed whether a under the plain error doctrine, defendant was denied a fair trial when a video depicting defendant’s family members speaking with police was excluded from evidence and,…

Court Eyes Restart of New Jersey In-Person Jury Trials: What Lawyers Need to Know | New Jersey Law Journal

March 9, 2021

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Originally published here by the New Jersey Law Journal.

Understanding the Different Levels of Information Officers Need When Investigating to Be Able to Properly Make an Arrest and Charge Someone with a Crime

February 17, 2021

State v. Williams Appellate Docket No.: A-3746-18 Decided February 16, 2021 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Division of New Jersey reviewed whether a warrantless search was appropriate recovering cocaine from a trunk after officers continued to smell raw marijuana emanating from the vehicle despite already finding…

A South Jersey woman stole $600,000 from her employer and spent it on luxury goods and plastic surgery, police say

February 12, 2021

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. A former human resources manager at a South Jersey shipping-container company has been charged with stealing more than $600,000 from her employer and spending it on designer clothes and handbags, a vacation in Puerto Rico, and plastic surgery, Burlington County authorities said Thursday. Karen O’Brien, 41, of Maple…

State V. Pinson: Search Warrants and the Truth

January 29, 2021

State v. Pinson, 461 N.J. Super. 536 (App. Div. 2019) Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. ISSUE: Whether a Law Division judge improperly invalidated an arrest warrant when he ruled that an affiant made a false statement in support of the arrest warrant, excised that statement from the affidavit, and concluded the affidavit no…

Graves Act Has Significant Mandatory Minimum Sentences for Unlawful Possession of a Firearm

January 26, 2021

State v. Rodriguez Appellate Docket No.: A-3586-19T4 Decided January 25, 2021 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In a recent published opinion, the Appellate Division of New Jersey reviewed a prosecutor’s denial of a Grave’s Act waiver and a trial court’s reversal of that decision, granting the waiver. In State v. Rodriguez, a search…

Witnesses That Are Not Expert Witnesses Can Only Testify as To Their Firsthand Knowledge

January 22, 2021

State v. Amrit Singh Appellate Docket No.: A-37-19 Decided January 21, 2021 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent opinion, the Supreme Court of New Jersey reviewed whether a detective’s reference to “the defendant” while narrating surveillance footage of a robbery and comparing defendant’s shoes to those in the video were reversible…

Violations of Temporary Restraining Orders (TRO) And Final Restraining Orders (FRO) Are Criminal Acts

January 21, 2021

State v. E.J.H. Appellate Docket No.: A-4228-19T1 Decided January 19, 2021 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent published opinion, the Appellate Division of New Jersey reviewed a trial court’s dismissal of a Temporary Restraining Order (TRO) contempt charge when defendant spoke directly into a “Nest” home security camera knowing the victim…

Prosecutor Misconduct During A Trial Can Be Means to Denying A Defendant A Right to A Fair Trial

January 20, 2021

State v. Damon Williams Appellate Docket No.: A-46-19 Decided January 19, 2021 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent opinion, the Supreme Court of New Jersey reviewed whether the use of an image from the Shining during closing summation was appropriate in a circumstance where no physical force was used. In State…