New Jersey Criminal Law
Miranda Warnings Are Required Whenever There Is A “Custodial Interrogation”
State of New Jersey v. Michael Olenowski Decided August 18, 2022 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent published opinion, the Supreme Court of New Jersey authored an extensive decision determining whether Drug Recognition Expert (“DRE”) evidence satisfies the reliability standard of N.J.R.E. 702 to allow its admission into evidence. R. 702 states,…
Read MoreOverturned: Suppression of Evidence Found in The Trunk of a Car After Officers Failed to Completely Search the Passenger Area of the Vehicle
State v. Joshua McMillian Appellate Docket No.: A-3899-19 Decided July 19, 2022 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished decision, the Appellate Division of New Jersey overturned a trial court’s suppression of evidence found in the trunk of a car after officers failed to completely search the passenger area of the…
Read MoreSearch And Seizure of a Handgun and Drugs Suppressed After Officers Lacked Reasonable Suspicion
State v. Nazier Goldsmith Appellate Docket No.: A-77-20 Decided July 5, 2022 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent decision, the Supreme Court of New Jersey suppressed a search and seizure of a handgun and drugs after officers lacked reasonable suspicion defendant was committing a crime after exiting the walkway adjacent to…
Read MoreOfficers Had Probable Cause to Search Defendant’s Vehicle Due to a Canine Sniff, But Were Required to Request a Search Warrant
State v. Kyle A. Smart Appellate Docket No.: A-2334-21 Decided June 30, 2022 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent published decision, the Appellate Division of New Jersey affirmed a trial court’s granting of a motion to suppress after officers had probable cause to search defendant’s vehicle due to a canine sniff,…
Read MoreSupreme Court Of New Jersey Reviewed the Prohibition of Car Window Tint and Concluded That the Statute Was Unconstitutionally Vague
State v. David L. Smith Appellate Docket No.: A-4-21 Decided June 28, 2022 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent decision, the Supreme Court of New Jersey reviewed the prohibition of “non-transparent material” on car windows, otherwise known as tint, and concluded that the statute was unconstitutionally vague, reversing a finding of…
Read MoreA 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 MorePrior Bad Acts Were Not Found to Be Relevant to The Determination of Whether the Defendant Committed Sexual Assault
State v. Munroe Appellate Docket No.: A-0183-18 Decided May 23, 2022 Submitted by 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 not sexually…
Read MoreReversed: Conviction of Aggravated Manslaughter After Defendant Confessed to Killing His Wife
State v. Abayuba Rivas Appellate Docket No.: A-15-21 Decided June 22, 2022 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent opinion, the Supreme Court of New Jersey reversed a jury conviction of aggravated manslaughter after defendant confessed to killing his wife. In State v. Rivas, at 10:00 a.m. on February 24, 2014, Rivas…
Read MoreConviction 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…
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