Child Sex Abuse Accommodation Syndrome (CSAAS) and Expert Testimony in New Jersey

September 8, 2017

Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark. In this case the Supreme Court directed the trial court to examine the ability of the State to introduction expert testimony concerning child sex abuse accommodation syndrome (CSAAS). This case study is a perfect example of the trial court acting as the gatekeeper, allowing or not…

Are Your Indictments Specific Enough to be Distinguished?

June 22, 2017

14-2-3514 State v. D.C., N.J. Super. App. Div. (per curiam) (14 pp.) Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark. Indictments and subsequent verdict sheets have to be specific enough to differentiate the defendant’s conduct as to each separate count.  If the jury cannot differentiate the defendant’s conduct as to the separate counts because…

Did Your Megan’s Law Officer Prevent You From Accessing Social Media?

June 22, 2017

15-1194 Packingham v. North Carolina, U.S. (June 19, 2017) (24pp.) Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark. The Supreme Court has just struck down a North Carolina law preventing sex offenders from accessing social media sites.  The North Carolina law made it a felony for a registered sex offender to “access a commercial…

Criminal Expert Witnesses, Child Pornography Distribution, and the Doctrine of Merger

April 8, 2017

Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark. 14-2-2945 State v. Michael D. Miller, N.J. Super. App. Div. (Carroll, J.A.D.) (21pp) New Jersey’s Appellate Division has recently decided a case in which defendant was charged and convicted of fourth-degree child endangerment by possessing child pornography, N.J.S.A. 2C:24-4b(5)(b) (Count One) and second-degree child endangerment for…

Subject to Megan’s Law Restrictions in New Jersey? Register Every Residence Where You Sleep

August 2, 2016

Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark. ARE PERSONS IN NEW JERSEY WHO ARE SUBJECT TO MEGAN’S LAW REGISTRATION REQUIREMENTS OBLIGATED TO REGISTER AT EACH RESIDENCE WHERE THEY SLEEP?  YES, YES, AND YES!!!!   IF YOU DO NOT YOU WILL BE SUBJECT TO AN ADDITIONAL ‘FAIURE TO REGISTER’ CHARGE. State v. Holloran In…

New Jersey Supreme Court Bars Defendant’s Prior Sexual Assault Acquittal

May 27, 2016

New Jersey Supreme Court bars introduction of a defendant’s 10 year old prior sexual assault Florida jury trial acquittal in a New Jersey criminal case regarding the same alleged activity. Submitted By New Jersey Sex Crime Lawyer, Jeffrey Hark. In this case the defendant, JM, is charged with sexually assaulting a spa patron during the…

Megan’s Law Registration Termination

February 24, 2016

Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark 14-2-9253 In the Matter of Registrant J.S. , App. Div. (Lihotz,, P.J.A.D. ) (14 pp.) The issue in this case deals with when the 15 year clock starts to run for all the Megan’s Law defendant’s who want to NOW petition the court to get off of…