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,…
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Originally published here by the New Jersey Law Journal.
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 In an unpublished opinion, the Appellate Division of New Jersey reviewed whether a denial of a motion to dismiss the indictment for lack of jurisdiction was appropriate when the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…
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 In an unpublished opinion, the Appellate Division of New Jersey reviewed whether a denial for PTI was appropriate for a defendant attempting to lure an underage girl for sexual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…
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…
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 In a recent unpublished opinion, the Appellate Division of New Jersey reviewed whether a warrantless search was appropriate recovering cocaine from a trunk after officers continued to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…
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…
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…
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…
Universal Citation: NJ Rev Stat § App.A:9-49 (2013) Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. App.A:9-49. Violations as disorderly conduct; penalty; prosecution Any person who shall: a. Commit any unauthorized or otherwise unlawful act during the threat or imminence of danger in any emergency that jeopardizes the health, welfare and safety of the people;…
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New Jersey Survivors Justice Act: Sentencing Reform for Abuse Victims
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In January 2026, New Jersey Governor Phil Murphy signed into law a pair of bills known as the Survivors Justice Act (S-4870/A-5968 and S-4871/A-5969). This landmark legislation, championed by Senator Angela V. McKnight, Senator M. Teresa Ruiz, and other lawmakers, amends the state’s criminal code to allow courts…