Posts Tagged ‘New Jersey Criminal Law’
A South Jersey woman stole $600,000 from her employer and spent it on luxury goods and plastic surgery, police say
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…
Read MoreState V. Pinson: Search Warrants and the Truth
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…
Read MoreGraves Act Has Significant Mandatory Minimum Sentences for Unlawful Possession of a Firearm
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…
Read MoreWitnesses That Are Not Expert Witnesses Can Only Testify as To Their Firsthand Knowledge
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…
Read MoreViolations of Temporary Restraining Orders (TRO) And Final Restraining Orders (FRO) Are Criminal Acts
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…
Read MoreProsecutor Misconduct During A Trial Can Be Means to Denying A Defendant A Right to A Fair Trial
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…
Read MoreFailing to Investigate Alibi Witnesses or Evidence May Result in Ineffective Relief of Counsel
State v. Gideon Appellate Docket No.: A-31-19 Decided January 14, 2021 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent opinion, the Supreme Court of New Jersey reviewed an application for post conviction relief (PCR) based on ineffective assistance of counsel for failing to call alibi witnesses to a shooting. In State v. Gideon,…
Read MorePardons Can Now Expunge Criminal Convictions That Were Otherwise Ineligible
In re Petition for Expungement of the Criminal Record Belonging to T.O. Decided: January 11, 2021 Docket No.: A-55-19 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark The Supreme Court of New Jersey has recently ruled that a pardon by the President or Governor can now make criminal convictions eligible for expungement that were otherwise not…
Read MorePolice Are Required to Inform A Defendant as to the Reason for Arrest Before A Defendant Can Waive Their Miranda Rights
State v. Sims—-NEWS FLASH—- NJ Appellate Division on January 4, 2021 ruled that police are required to inform a defendant as to the reason for arrest before a defendant can waive their Miranda rights, even if formal charges have not been filed. Appellate Docket No.: A-2641-17T2 Decided January 4, 2021 Submitted by New Jersey Criminal Lawyer,…
Read MoreAppeals of Prior Conviction and Sentence of Conspiracy to Commit First-Degree Robbery and Other Crimes
State v. Herbert CRIMINAL LAW Unpublished Appellate Court NJ Filed.2020-12-18 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Defendant Gregory Herbert appeals his prior conviction and sentence of 1) Conspiracy to commit first-degree robbery; 2) third-degree possession of a weapon for an unlawful purpose; 3) offense of fourth degree-degree aggravated assault by pointing a firearm; and…
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