New Jersey Criminal Law
Be Sure to Understand the Different Levels of Information Officers Need When Investigating to Be Able to Properly Make an Arrest and Charge Someone with a Crime
State v. Gaddy Appellate Docket No.: A-3046-18 Decided March 11, 2021 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Division of New Jersey reviewed a defendant’s motion to suppress after an anonymous tip provided that individuals were congregating and “engaging in disorderly activity” leading to defendant being charged with…
Read MoreProsecutor Misconduct During A Trial Can Deny A Defendant A Right to A Fair Trial – Make Sure Your Attorney Recognizes It!
State v. Garcia Docket No.: A-47-19 Decided March 10, 2021 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In a opinion, the Supreme Court of New Jersey reviewed whether a under the plain error doctrine, defendant was denied a fair trial when a video depicting defendant’s family members speaking with police was excluded from evidence and,…
Read MoreCourt Eyes Restart of New Jersey In-Person Jury Trials: What Lawyers Need to Know | New Jersey Law Journal
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Originally published here by the New Jersey Law Journal.
Read MoreJurisdiction When Real Estate Fraud Occurs Outside of New Jersey But the Property is Located In New Jersey
State v. Zhou Appellate Docket No.: A-1151-19 Decided February 23, 2021 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In an unpublished opinion, the Appellate Division of New Jersey reviewed whether a denial of a motion to dismiss the indictment for lack of jurisdiction was appropriate when the defendant’s actions were conducted entirely out of the…
Read MoreOnly If the Court Finds That the Prosecutor Abused His or Her Discretion Will a Trial Court or Appellate Division Overturn a PTI Denial
State v. Sorokach Appellate Docket No.: A-2868-18 Decided February 22, 2021 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In an unpublished opinion, the Appellate Division of New Jersey reviewed whether a denial for PTI was appropriate for a defendant attempting to lure an underage girl for sexual intercourse. In State v. Sorokach, defendant posted advertisements…
Read MoreSUPREME COURT OF NEW JERSEY ISSUES ITS TENTH COVID-19 OMNIBUS ORDER
February 17, 2021 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. The Supreme Court of New Jersey has issued its tenth Omnibus Order in light of COVID-19. The Order essentially covers excludable time for incarcerated defendants as well as continue provisions from previous Orders. The Tenth Omnibus Order provides for the following excludable time: For those…
Read MoreUnderstanding the Different Levels of Information Officers Need When Investigating to Be Able to Properly Make an Arrest and Charge Someone with a Crime
State v. Williams Appellate Docket No.: A-3746-18 Decided February 16, 2021 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Division of New Jersey reviewed whether a warrantless search was appropriate recovering cocaine from a trunk after officers continued to smell raw marijuana emanating from the vehicle despite already finding…
Read MoreA South Jersey woman stole $600,000 from her employer and spent it on luxury goods and plastic surgery, police say
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. A former human resources manager at a South Jersey shipping-container company has been charged with stealing more than $600,000 from her employer and spending it on designer clothes and handbags, a vacation in Puerto Rico, and plastic surgery, Burlington County authorities said Thursday. Karen O’Brien, 41, of Maple…
Read MoreState V. Pinson: Search Warrants and the Truth
State v. Pinson, 461 N.J. Super. 536 (App. Div. 2019) Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. ISSUE: Whether a Law Division judge improperly invalidated an arrest warrant when he ruled that an affiant made a false statement in support of the arrest warrant, excised that statement from the affidavit, and concluded the affidavit no…
Read MoreGraves Act Has Significant Mandatory Minimum Sentences for Unlawful Possession of a Firearm
State v. Rodriguez Appellate Docket No.: A-3586-19T4 Decided January 25, 2021 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In a recent published opinion, the Appellate Division of New Jersey reviewed a prosecutor’s denial of a Grave’s Act waiver and a trial court’s reversal of that decision, granting the waiver. In State v. Rodriguez, a search…
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