Terroristic 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.

March 22, 2022

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No.: A-1887-19 Decided March 18, 2022 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey reversed a trial conviction for terroristic threats and aggravated assault after the Court found it was a plain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…

Understand What a Defendant Must Demonstrate to Suppress Evidence Recovered by a Search Warrant

March 16, 2022

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No.: A-674-19 Decided March 15, 2022 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey affirmed a denial of a motion to suppress and a Franks hearing after the trial court found defendant’s claim of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…

Upheld: Warrantless Swab of Defendant’s Hands Two Hours After Finding His Stepfather in a Pool of Blood

March 2, 2022

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No.: A-1005-18 Decided March 1, 2022 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey upheld a warrantless swab of defendant’s hands two hours after finding his step father in a pool of blood.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…

There May Be Ways to Escape the Mandatory Minimums by Seeking a Graves Act Waiver, But Only Certain Individuals Are Eligible

February 28, 2022

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No.: A-740-19 Decided February 25, 2022 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey reversed the probationary sentence imposed on defendant Kevin M. Lamborn on the State’s motion for a Graves Act,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…

Post-Conviction Relief (PCR) Petition, Claimed Ineffective Counsel on The Issue of Jail Credits

February 15, 2022

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No.: A-4414-19 Decided February 11, 2022 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey reviewed a pro se post conviction relief (PCR) petition, claiming ineffective counsel on the issue of jail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…

Is a Warrantless Search of a Home Justified After the Occupant Was Detained Outside the Home?

January 21, 2022

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…

IN 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

January 12, 2022

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…

Observation Of a Hand-To-Hand Transaction Alone Is Insufficient to Have a Reasonable and Articulable Suspicion of a CDS Transaction

January 11, 2022

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…

An Investigatory Stop, Followed by An Arrest Requires Reasonable and Articulable Suspicion as Well as Probable Cause

January 11, 2022

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…

Defendants Are Entitled to Cross Examine Witnesses in Criminal Complaints and Charges Against Them

December 28, 2021

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…