New Jersey Criminal Law
Conviction Reversed Because the Testifying Officer Improperly Promoted His Credentials Even Though He Was Not There for An Expert Opinion
State v. Imier Green Appellate Docket No.: A-2565-19 Decided June 10, 2022 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent consolidated unpublished opinion, the Appellate Division of New Jersey reversed defendant’s conviction because the testifying officer improperly promoted his credentials even though he was not there for an expert opinion, only a lay…
Read MoreProsecutor’s Inexcusable Delay in Turning Over Discovery Leads to Judge’s Decision Reversal
State v. Danron Morrisey State v. Marcus Morrisey State v. Louis Sloan Appellate Docket No.: A-2659-21 A-2671-21 A-2672-21 Decided June 6, 2022 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent consolidated unpublished opinion, the Appellate Division of New Jersey reversed a Judge’s decision to extend defendant’s pretrial detention 60 days beyond the…
Read MoreWitness’s Charge and Subsequent Conviction of a Robbery Used as Evidence by the Defendant to Show That He Did Not Sexually Assault the Witness
State v. Munroe Appellate Docket No.: A-0183-18 Decided May 23, 2022 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey reviewed whether a witness’s charge and subsequent conviction of a robbery could be used as evidence by the defendant to show that he did…
Read MoreIn The Matter of The Appeal from The Denial of Edwin G. Alvarado’s Application for a Firearms Identification Card
Appellate Docket No.: A-3230-20 Decided May 17, 2022 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey affirmed a denial of petitioner’s Firearms Purchaser Identification Card (FPIC or FID) after petitioner was found to be not credible, he resisted arrest, had a loaded shotgun…
Read MoreIN THE MATTER OF THE APPEAL FROM THE DENIAL OF A FIREARMS IDENTIFICATION CARD AND HANDGUN PERMIT TO PETER GOLDRING.
Appellate Docket No.: A-2464-20 Decided May 5, 2022 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey reviewed a denial of petitioner’s Firearms Purchaser Identification Card (FID) and Permit to Purchase a Handgun after petitioner plead guilty to a New York misdemeanor that was…
Read MoreStatements Made Without Properly Being Read Your Miranda Rights Could Be Suppressed
State v. O.D.A.-C. Appellate Docket No.: A-78-20 Decided May 2, 2022 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent decision, the Supreme Court of New Jersey reversed a denial of a motion to suppress after detectives continuously undermined the significance of the Miranda warning after properly administering Miranda. In O.D.A.-C., detectives…
Read MoreReversed: Denial of The State’s Motion to Compel Disclosure of Defendant’s iPhone Passcode
State of New Jersey v. C.J.L. Appellate Docket No.: A-1052-21 Decided April 18, 2022 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent published decision, the Appellate Division reversed the denial of the State’s motion to compel disclosure of defendant’s iPhone passcode based on the misapplication of the foregone conclusion. In C.J.L.,…
Read MoreMotor Vehicle Search and Seizure of Significant Amounts of Marijuana After Defendant Initiated His Turn Signal During a Lane Change
State v. Dylan Barazanji Appellate Docket No.: A-240-20 Decided April 14, 2022 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished decision, the Appellate Division of New Jersey affirmed a motor vehicle search and seizure of significant amounts of marijuana after defendant initiated his turn signal during a lane change rather…
Read MoreInformation On Social Media, Even Contained In “Private” Messenger Applications, Is Not Private Information
Facebook v. State of New Jersey Appellate Docket No.: A-3350-20 A-119-21 Decided April 4, 2022 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent published decision, the Appellate Division reviewed whether communication data warrants (CDW) can require the disclosure of prospective communications, or whether prospective communications require a wiretap order. In Facebook…
Read MoreInvestigation of a Robbery Under the Inevitable Discovery Rule That Led to An Officer Finding a Wad of Cash in a Vehicle
State v. Angel Nunez-Hernandez Appellate Docket No.: A-539-19 Decided March 24, 2022 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey upheld an investigation of a robbery under the inevitable discovery rule that led to an officer finding a wad of cash in a…
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