NEW JERSEY MENTAL HEALTH RECORD EXPUNGEMENT

August 25, 2021

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Docket No.: A-3713-13T2 Decided July 8, 2015 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In an unpublished opinion, the Appellate Division of New Jersey reviewed the requirements for the expungement of mental health records and produced a legal standard for same.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…

Prior Bad Acts Under NJRE 404(B) Are Generally Inadmissible Unless, The Four Prong Cofield Test Is Met

August 24, 2021

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 In a recent unpublished opinion, the Appellate Division of New Jersey reviewed whether introduction of evidence of an uncharged assault in which the victim did not think she could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…

Is a Sidewalk That Was Closed to The Public, A “Closed Structure” For the Criminal Charge of Burglary

August 19, 2021

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No.: A-2244-19 Decided August 18, 2021 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey reviewed whether a sidewalk that was closed to the public was a “closed structure” for the criminal charge of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,…

New Jersey Court Rule Changes

August 12, 2021

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark

State v. Almonte – Severance of Trial

August 4, 2021

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Jersey Criminal Lawyer, Jeffrey Hark State v. Almonte Appellate Docket No.: A-0536-18 Decided July 27, 2021 In a recent unpublished opinion, the Appellate Division of New Jersey reviewed whether failure to sever a trial from a codefendant was appropriate, even when the codefendant was not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…

State v. Almonte – Prosecutor Misconduct

August 4, 2021

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Jersey Criminal Lawyer, Jeffrey Hark State v. Almonte Appellate Docket No.: A-0536-18 Decided July 27, 2021 In a recent unpublished opinion, the Appellate Division of New Jersey reviewed whether there was prosecutor misconduct when the prosecutor told of testimony that was not used in the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…

State v. Roman-Rosado

August 4, 2021

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…

No Mask in Court Can Be Considered Contempt of Court!

August 2, 2021

Case Brief: State v. Figueroa

July 29, 2021

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…

A REVIEW OF NEW JERSEY’S “RED FLAG LAW”

July 20, 2021

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…