Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In the Mesadieu case, the Appellate Division held that Mesadieu’s detention was lawful. The New Jersey Supreme Court has established under State v. Davis, 104, N.J. 490, 504 (1986) that a court must evaluate the totality of the circumstances surrounding the police-citizen encounter to determine the…
In re E.C. Petition for Expungement Appellate Docket No.: A-3713-13T2 Decided July 8, 2015 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In an unpublished opinion, the Appellate Division of New Jersey reviewed the requirements for the expungement of mental health records and produced a legal standard for same. In E.C., E.C. was a…
State v. Canales Appellate Docket No.: A-5846-17 Decided August 20, 2021 Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Division of New Jersey reviewed whether introduction of evidence of an uncharged assault in which the victim did not think she could identify the defendant in the future, prejudiced…
State v. Richardson Appellate Docket No.: A-2244-19 Decided August 18, 2021 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey reviewed whether a sidewalk that was closed to the public was a “closed structure” for the criminal charge of burglary. In State v. Richardson,…
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark State v. Almonte Appellate Docket No.: A-0536-18 Decided July 27, 2021 In a recent unpublished opinion, the Appellate Division of New Jersey reviewed whether failure to sever a trial from a codefendant was appropriate, even when the codefendant was not present for the trial and his post arrest…
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark State v. Almonte Appellate Docket No.: A-0536-18 Decided July 27, 2021 In a recent unpublished opinion, the Appellate Division of New Jersey reviewed whether there was prosecutor misconduct when the prosecutor told of testimony that was not used in the opening statement and vouched to the credibility to…
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark The dual cases of State v. Roman-Rosado and State v. Carter deal with when might police effectuate a motor vehicle stop on the basis of a violation of N.J.S.A. 39:3-33, which reads in part as follows: “No person shall drive a motor vehicle which has a license plate…
Superior Court of New Jersey, Appellate Division (2021) Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Parties: Plaintiff-Respondent: State of New Jersey Defendant-Appellant: Andre Figueroa Facts: Figueroa was spotted by a police officer emerging from between two houses late at night in a vacation town during winter. Most people are away during winter and it was…
Legal Developments
That Affect You
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2022 changes to New Jersey statute N.J.S.A. 45:1-15.9.
This memorandum addresses the scope of New Jersey statute N.J.S.A. 45:1-15.9,summarizes the 2022 amendments to that statute, identifies the effective date andapplicability of those amendments, and outlines practical implications forregulated professionals and licensing boards. Background N.J.S.A. 45:1-15.9 is part of New Jersey’s professional and occupational licensinglaws administered under Title 45. The statute governs disciplinary and…