New Jersey Criminal Law
A REVIEW OF NEW JERSEY’S “RED FLAG LAW”
Temporary Extreme Risk Protective Order (TERPO) IN THE MATTER OF D.L.B. Appellate Docket No.: A-1035-20 Decided July 14, 2021 In a recent published opinion, the Appellate Division of New Jersey reviewed a denial of a Final Extreme Risk Protective Order (FERPO) in light of respondent brandishing a handgun. In the Matter of D.L.B., police received…
Read MorePolice Are Trained to Draw Out Confessions in Suspects, Always Ask for A Lawyer Upon Questioning
State v. Malone Appellate Docket No.: A-1339-18 Decided July 16, 2021 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey reviewed whether a robbery conviction was proper after defendant confessed after a four hour break in questioning and the defendant’s recorded phone calls from the jail…
Read MoreFuture of Court Operations – Remote and In-Person Proceedings
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark
Read MoreENDANGERING WELFARE OF CHILD NOT EXPUNGABLE EVEN IF NON SEXUAL
In the Matter of the Expungement Application of A.T. Appellate Docket No.: A-509-18 Decided January 8, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a published opinion, the Appellate Division of New Jersey affirmed the denial of an expungement for an offense in violation of N.J.S.A. 2C:24-4(a), endangering the welfare of a child, even…
Read MoreObjecting, Even If Unsuccessful at The Time, Preserves the Issue for Appeal
State v. Scott Appellate Docket No.: A-4754-18 Decided July 9, 2021 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey reviewed whether jury instructions for the defense of duress should have been tailored to the facts of defendant’s case, rather than just a reading of the…
Read MoreVoluntary Jury Waiver and Those Incarcerated During COVID-19
State v. Shtabnoy Appellate Docket No.: A-1716-19 Decided July 8, 2021 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey reviewed whether a defendant’s conviction from a bench trial was a result of an improper jury waiver. In State v. Shtabnoy, on February 5, 2019, a…
Read MoreIn Case of An Illegal Search, Evidence May Be Suppressed and The Case Dropped
SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0128-19 STATE OF NEW JERSEY, Plaintiff-Respondent, Versus BRUCE A. POOLE, a/k/aBRUCE POOL, Defendant-Appellant. _______________________ Submitted April 28, 2021 – Decided June 25, 2021 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark This case arises out of a June 27, 2018, event where there were reported shots fired…
Read MoreThe Plain View and Exigent Circumstance Exceptions to The Warrant Requirement
STATE OF NEW JERSEY, Plaintiff-Appellant, RASHEED M. PHILLIPS, Defendant-Respondent. Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Here at Hark&Hark we have already written about State v. Phillips, in 2019. We stay up to date on this June 14, 2021, appellate decision. See State v. Phillips | New Jersey Criminal Civil Lawyer. The facts are…
Read MorePolice Officer’s Testimony of Surveillance Footage Was “Best Evidence” When the Surveillance Footage Could Not Be Produced for Trial
State v. Bayoumi Appellate Docket No.: A-163-20 Decided June 1, 2021 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Division of New Jersey reviewed whether a police officer’s testimony of surveillance footage identifying defendant was appropriate “best evidence” when the surveillance footage could not be produced for trial. In…
Read MoreCase Brief: State v. Kanem Williamson (A-65-19)(083979)
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Parties: Plaintiff: State of New Jersey Defendant: Kanem Williamson Proc. Hist.: Trial Court allowed the admission of hearsay evidence under the “dying declaration” exception. Appellate Division affirmed; Supreme Court granted review. Facts: In the spring of 2014, A.B. was shot multiple times and found in a pool of…
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