Posts Tagged ‘New Jersey Criminal Law’
Can Phone Calls Made on A Recorded Line From Prison Could Be Used As Evidence To Convict A Defendant?
State v. Townsend Appellate Docket No.: A-5387-17T4 Decided August 28, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In a recent unpublished decision, the Appellate Division reviewed whether of phone calls made on a recorded line from prison could be used as evidence to convict a defendant. In State v. Townsend, after a jury found…
Read MoreExpungements of Criminal Records Are Now Even Easier to Obtain In New Jersey
August 19, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. As of June 15, 2020, New Jersey has updated its expungement law, under the “Clean Slate” provisions. The Clean Slate law provides: Drug-related offenses resulting in a conviction are considered Disorderly Persons offenses for purposes of expungements. Having more than one drug offense is…
Read MoreIs It Appropriate for the Trial Judge to Sentence Probation on a Second Degree Grave’s Act Charge?
State v. Smith Appellate Docket No.: A-2840-18T1 Decided August 17, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In a recent unpublished decision, the Appellate Division reviewed whether it was appropriate for the trial judge to sentence probation on a Second Degree Grave’s Act charge. In State v. Smith, defendant was stopped by police…
Read MoreKidnapping While a Sex Assault Occurred and a “Substantial Period”
State v. Juan E. Cruz-Pena Appellate Docket No.: A-3-19 Decided August 4, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In a recent New Jersey Supreme Court decision, the Court reviewed whether there was a kidnapping under the statute while a sex assault occurred. In State v. Cruz-Pena, defendant was charged in a multi-count indictment…
Read MoreKidnapping Under the Statute While a Sex Assault Occurred
State v. Hedgespeth Appellate Docket No.: A-0850-18T3 Decided August 3, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In a recent decision approved for publication, the Appellate Division reviewed whether there was a kidnapping under the statute while a sex assault occurred. In State v. Hedgespeth, defendant was convicted of third-degree possession of a controlled…
Read MoreConstitutionality of a Warrantless Search and a Protective Sweep of a Residence
State v. Terres: Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Police were seeking to arrest a man named Fuller on a warrant and received information he was staying at a trailer park, possibly with defendant. State police informed officers defendant had been arrested and told officers that defendant said Fuller was at the trailer…
Read MoreState v. Davis | On the Pitfalls of Sharing a Lawyer
State v. Davis Appellate Docket No.: A-2784-18T3 Decided July 21, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished decision, the Appellate Division reviewed whether there was ineffective counsel for a law student, representing a defendant under the Court rules, was also court appointed to represent a codefendant for the same…
Read MoreContempt Charges for a Violation of Pre-Trial Release Under the Criminal Justice Reform Act
State v. McCray: Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In consolidated cases, defendants appealed from the judgments of the appellate division reversing the orders of the trial court in defendants’ cases. In April 2017, defendant McCray was arrested and charged with second-degree robbery. A week later, the trial court released McCray subject to…
Read MoreReopen the Pre-Trial Detention of a Defendant Due to a Material Change in Circumstances
State v. Pineiro: Submitted by New Jersey Criminal Lawyer, Jeffrey Hark This case arose out of an appeal by the State from the trial court’s grant of defendant’s motion to reopen his detention hearing and the order releasing defendant from detention pending disposition of his charges. On February 9, 2020, Clifton police arrested and charged…
Read MoreThe Constitutionality of a Pre-Trial Detention Based on Defendants’ Immigration Status
State v. Molchor: Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Defendants were arrested for aggravated assault and criminal mischief. The facts stipulate that defendants allegedly attacked and injured the host at a party they attended, and afterwards fled the scene in a car before being stopped by police. They were apparently under the influence.…
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