Posts Tagged ‘Unlawful Possession of a handgun’
A Defendant Cannot Be Subject to Enhanced Sentencing Outside the Negotiated Plea Agreement Based on New Charges Alone
State v. Jaime Cambrelen Appellate Docket No.: A-1008-20 Decided June 24, 2022 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent published opinion, the Appellate Division of New Jersey reversed a defendant’s enhanced sentencing after the State withdrew from the original plea agreement and recommended sentencing after defendant incurred new charges while pending sentencing…
Read MoreWhat Constitutes Reasonable Suspicion for A Motor Vehicle Stop
State v. Vargas Appellate Docket No.: A-1998-18T4 Decided June 2, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In an unpublished opinion, the Appellate Division of New Jersey heard argument on the issue of an improper jury charge. In State v. Vargas, the Defendant Ramon L. Vargas was indicted for second-degree unlawful possession of…
Read MoreN.J.S.A. 2C:39-5(b)(1) unlawful possession of weapon
STATE OF NEW JERSEY, v. KENNETH G. MURILLO, Decided December 11, 2019 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Defendant appeals from his conviction for second-degree unlawful possession of a handgun, N.J.S.A. 2C:39-5(b)(1).1 Police found the gun stashed in a wall of a commercial establishment on a public street, where defendant had no privacy interest.…
Read MoreState of New Jersey v. Tige Clark, Superior Court of New Jersey Appellate Division July 3, 2019 (Not Approved for Publication)
State of New Jersey v. Tige Clark Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. I Facts: Detective Joseph Indano of the South Plainfield Police Department responded to a domestic violence call on July 17, 2016 with Officer Robles. Victim, A.P, told Robles she was involved in an argument with her boyfriend and informed…
Read MoreUnlawful Possession of a Handgun | State of New Jersey v. Angel Rivera
Superior Court Of New Jersey, State of New Jersey versus ANGEL L.RIVERA Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Angel Rivera was charged with second-degree unlawful possession of a handgun without a permit and second-degree possession of a controlled dangerous substance after the denial of his suppression motion. Defendant was sentenced to five years…
Read MoreGraves Act Release Valve Not a Break Free from Prison Card
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In State v. Holloway, the defendant found a handgun but did not turn it over to authorities because he had pending charges in Somerset County. He then proceeded to accidentally shoot himself in the foot at the home of his girlfriend and the gun was found during…
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