Standard of review Suppression of Evidence Pre-State v. Witt (Pena-Flores Standard of Review) Motor Vehicle Stop New Jersey

State v. Ortiz  New Jersey Appellate Division May 6, 2019 (Not Approved for Publication) Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In reviewing a motion to suppress evidence, this court must defer to the trial court’s fact findings underlying its decision, “so long as those findings are supported by sufficient credible evidence in the…

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State v. James Rogers Decided May 3, 2019 New Jersey Appellate Division (Not Approved for Publication) Appealing a Municipal Court Conviction — Standard of Review

State v. James Rogers Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. An appeal of a municipal court conviction must first be addressed by the Law Division de novo. R. 3:23-8. The role of the Law Division is to make independent findings of facts and conclusions of law based on the record developed in the…

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Search of Motor Vehicle based on Smell of Weed and Headlight OUT ONLY!

State v. Juan Rodriguez May 3, 2019 NJ Appellate Division (Approved for Publication) Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Facts: The pertinent facts that emerged at the suppression hearing were substantially undisputed by the parties. On January 1, 2018, Police Officer Kevin Olah of Warren Township was in a marked patrol vehicle at a gas station…

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Appealing PTI Denial – Posting Nude Photos of victim – Revenge Porn

State v. Chow,  N.J. Super. App. Div. Decided April 302, 2019 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. The state appealed from an order that admitted defendant into the Middlesex County Pretrial Intervention Program over its objection. Defendant had been charged with two counts of third-degree invasion of privacy for posting nude photographs of a…

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Another Successful PTI Appeal

State v. R.M.M., N.J. Super. App. Div. 4/3/2019) Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In this case the defendant appealed a denial by the PTI coordinator as well as criminal case manager and what division judge. The appellate division found this was yet another circumstance the prosecutors office abuse their discretion and not to…

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Jury hearing “Out of Court consistent Statements” of a police officer used bolster his credibility ruled reversible error warranting a new trial!

State of New Jersey vs RICHARD D. GRAY, JR. appellate division decided March 20, 2019 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Facts At around 1 a.m. on November 8, 2014, Penns Grove Police Department Patrolman Christopher Hemple went to the One Stop Deli for a property check. Inside the store, Hemple recognized defendant.…

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Can the police give a defendant his Miranda warnings in the car on the way to the police department captured on a mobile video recorder?

State of New Jersey v.  Richard Gray Jr. Appellate Division decided March 20, 2019 Facts: At around 1 a.m. on November 8, 2014, Penns Grove Police Department Patrolman Christopher Hemple went to the One Stop Deli for a property check. Inside the store, Hemple recognized defendant. Hemple knew there was an outstanding warrant for defendant.…

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