Prosecutor’s Inexcusable Delay in Turning Over Discovery Leads to Judge’s Decision Reversal

June 8, 2022

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A-2671-21 A-2672-21 Decided June 6, 2022 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent consolidated unpublished opinion, the Appellate Division of New Jersey reversed a Judge’s decision to extend defendant’s pretrial detention 60 days beyond the…

Witness’s Charge and Subsequent Conviction of a Robbery Used as Evidence by the Defendant to Show That He Did Not Sexually Assault the Witness

May 24, 2022

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Docket No.: A-0183-18 Decided May 23, 2022 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey reviewed whether a witness’s charge and subsequent conviction of a robbery could be used as evidence by the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…

In The Matter of The Appeal from The Denial of Edwin G. Alvarado’s Application for a Firearms Identification Card

May 18, 2022

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Docket No.: A-3230-20 Decided May 17, 2022 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey affirmed a denial of petitioner’s Firearms Purchaser Identification Card (FPIC or FID) after petitioner was found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…

IN THE MATTER OF THE APPEAL FROM THE DENIAL OF A FIREARMS IDENTIFICATION CARD AND HANDGUN PERMIT TO PETER GOLDRING.

May 9, 2022

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Docket No.: A-2464-20 Decided May 5, 2022 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey reviewed a denial of petitioner’s Firearms Purchaser Identification Card (FID) and Permit to Purchase a Handgun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…

Statements Made Without Properly Being Read Your Miranda Rights Could Be Suppressed

May 4, 2022

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…

Reversed: Denial of The State’s Motion to Compel Disclosure of Defendant’s iPhone Passcode

April 20, 2022

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.,…

Motor Vehicle Search and Seizure of Significant Amounts of Marijuana After Defendant Initiated His Turn Signal During a Lane Change

April 18, 2022

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…

Information On Social Media, Even Contained In “Private” Messenger Applications, Is Not Private Information

April 6, 2022

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…

Investigation of a Robbery Under the Inevitable Discovery Rule That Led to An Officer Finding a Wad of Cash in a Vehicle

March 26, 2022

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…

Denial Of Reinstatement into Pretrial Intervention (PTI) After Defendant Failed to Abide By The Original Terms Of PTI

March 23, 2022

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.…