New Jersey Criminal Law
Denial Of Reinstatement into Pretrial Intervention (PTI) After Defendant Failed to Abide By The Original Terms Of PTI
State v. Shakera Lowman Appellate Docket No.: A-695-19 Decided March 21, 2022 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey affirmed a denial of reinstatement into pretrial intervention (PTI) after defendant failed to abide by the original terms of PTI. In State v.…
Read MoreTerroristic Threats and Aggravated Assault Charges Reversed After the Court Found It Was a Plain Error to Admit Evidence Regarding the Temporary Restraining Order (TRO) That Related to This Incident.
State v. Chinaza Okeke Appellate Docket No.: A-1887-19 Decided March 18, 2022 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey reversed a trial conviction for terroristic threats and aggravated assault after the Court found it was a plain error to admit evidence regarding…
Read MoreUnderstand What a Defendant Must Demonstrate to Suppress Evidence Recovered by a Search Warrant
State v. Graham Appellate Docket No.: A-674-19 Decided March 15, 2022 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey affirmed a denial of a motion to suppress and a Franks hearing after the trial court found defendant’s claim of mistruths of a CDS…
Read MoreUpheld: Warrantless Swab of Defendant’s Hands Two Hours After Finding His Stepfather in a Pool of Blood
State v. Torres Appellate Docket No.: A-1005-18 Decided March 1, 2022 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey upheld a warrantless swab of defendant’s hands two hours after finding his step father in a pool of blood. In State v. Torres, On…
Read MoreThere May Be Ways to Escape the Mandatory Minimums by Seeking a Graves Act Waiver, But Only Certain Individuals Are Eligible
State v. Lamborn Appellate Docket No.: A-740-19 Decided February 25, 2022 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey reversed the probationary sentence imposed on defendant Kevin M. Lamborn on the State’s motion for a Graves Act, N.J.S.A. 2C:43-6(c), waiver, following defendant’s guilty…
Read MorePost-Conviction Relief (PCR) Petition, Claimed Ineffective Counsel on The Issue of Jail Credits
State v. Huggins Appellate Docket No.: A-4414-19 Decided February 11, 2022 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey reviewed a pro se post conviction relief (PCR) petition, claiming ineffective counsel on the issue of jail credits. In State v. Huggins, On April…
Read MoreIs a Warrantless Search of a Home Justified After the Occupant Was Detained Outside the Home?
State v. Christopher Radel State v. Keith Terres Appellate Docket No.: A-44-20 A-45-20 Decided January 20, 2022 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent opinion, the Supreme Court of New Jersey reviewed two cases to determine whether police warrantless search of a home was justified after the occupant was detained…
Read MoreIN THE MATTER OF RICHARD HUFTEN’S APPLICATION FOR A PERMIT TO CARRY A HANDGUN & IN THE MATTER OF THE REVOCATION OF RICHARD HUFTEN’S FIREARMS PURCHASER IDENTIFICATION CARD AND COMPELLING THE SALE OF HIS FIREARMS
Appellate Docket No.: A-0473-20 Decided January 11, 2022 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey reversed an oral order to forfeit plaintiff’s handgun permit to carry and ordering the surrender of all firearms in his possession as well as the forced sale…
Read MoreObservation Of a Hand-To-Hand Transaction Alone Is Insufficient to Have a Reasonable and Articulable Suspicion of a CDS Transaction
State v. GIBSON Appellate Docket No.: A-3410-19 Decided January 10, 2022 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey reversed a denial of a motion to suppress after officers simply observed a hand to hand transaction without seeing what was exchanged and conducted…
Read MoreAn Investigatory Stop, Followed by An Arrest Requires Reasonable and Articulable Suspicion as Well as Probable Cause
State v. Ruiz-Montano Appellate Docket No.: A-1070-19 Decided January 7, 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 a motion to suppress without an evidentiary hearing after detectives detained defendant, brought him back to the police station, and…
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