New Jersey Criminal Law
Observation 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No.: A-3410-19 Decided January 10, 2022 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey reversed a denial of a motion to suppress after officers simply observed a hand to hand transaction without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No.: A-1070-19 Decided January 7, 2022 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey affirmed a denial of a motion to suppress without an evidentiary hearing after detectives detained defendant,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…
Read MoreDefendants Are Entitled to Cross Examine Witnesses in Criminal Complaints and Charges Against Them
State v. Carrion State v. Hedgespeth Appellate Docket No.: A-14-20 and A-22-20 Decided December 27, 2021 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In recent opinions of the Supreme Court of New Jersey, the Court addressed whether an affidavit can be relied upon at trial which provided that the defendants did not appear…
Read MoreOfficers Conducted a Motor Vehicle Stop and Found a Firearm Upon Searching for the Driver’s Credentials After a Refusal
State v. Reid Appellate Docket No.: A-4238-19 Decided December 8, 2021 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey reversed a denial of a motion to suppress after officers conducted a motor vehicle stop and found a firearm upon searching for the driver’s…
Read MoreTwo Lindenwold Juveniles Charged With Possession of a Firearm
Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark Lindenwold, N.J. – Acting Camden County Prosecutor Jill S. Mayer and Lindenwold Police Chief Michael McCarthy, Jr., announce that two Camden County youth (both 17 years of age) have been charged with firearms offenses as a result of an investigation conducted by the Lindenwold Police Department…
Read MoreN.J. drivers won’t have to fumble through the glove box for their registration under new law
Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark Admit it. Most drivers have experienced that moment when they have to show a registration and it seems to be buried under every other paper in their glove box, console or wallet. Soon, Jersey drivers will have to hunt no more. Under bipartisan legislation signed in…
Read MoreOfficers Are Not Allowed to Ask for Passenger Identification Unless They Believe the Passenger Is Also Committing a Crime.
State v. Boston Appellate Docket No.: A-4752-17 Decided September 16, 2021 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent published opinion, the Appellate Division of New Jersey reversed a conviction for an improper request for identification of a passenger in a vehicle, leading to the finding of warrants and cocaine on…
Read MoreCan a Witness’s Exclamatory Outbursts During Trial Testimony Warrant a Mistrial?
State v. Sullivan Appellate Docket No.: A-1675-18 Decided October 22, 2021 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 exclamatory outbursts during trial testimony warranted a mistrial, despite the Judge issuing limiting instructions immediately. In State v. Sullivan, Ryan…
Read MoreTo Effectuate a Traffic Stop, Or Investigation and Questioning Officers Only Need a Reasonable Suspicion That a Crime Is Being Committed
State v. Days-Jackson Appellate Docket No.: A-2002-19 Decided October 18, 2021 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey reviewed whether probable cause existed for a search of the trunk revealing marijuana and firearms. In State v. Days-Jackson, while on duty one night,…
Read MoreConfidential Information (CI) Tip of The Wrong Car Led to An Arrest and Finding of Heroin
State v. Gray Appellate Docket No.: A-4589-18 Decided October 14, 2021 In a recent unpublished opinion, the Appellate Division of New Jersey reviewed whether probable cause for an arrest existed for a Confidential Information (CI) tip of the wrong car led to an arrest and finding of heroin because of a call made to an…
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