Prosecutor Misconduct During A Trial Can Deny A Defendant A Right to A Fair Trial – Make Sure Your Attorney Recognizes It!

March 11, 2021

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,…

Court Eyes Restart of New Jersey In-Person Jury Trials: What Lawyers Need to Know | New Jersey Law Journal

March 9, 2021

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Originally published here by the New Jersey Law Journal.

Jurisdiction When Real Estate Fraud Occurs Outside of New Jersey But the Property is Located In New Jersey

February 25, 2021

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 In an unpublished opinion, the Appellate Division of New Jersey reviewed whether a denial of a motion to dismiss the indictment for lack of jurisdiction was appropriate when the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…

Only If the Court Finds That the Prosecutor Abused His or Her Discretion Will a Trial Court or Appellate Division Overturn a PTI Denial

February 24, 2021

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 In an unpublished opinion, the Appellate Division of New Jersey reviewed whether a denial for PTI was appropriate for a defendant attempting to lure an underage girl for sexual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…

SUPREME COURT OF NEW JERSEY ISSUES ITS TENTH COVID-19 OMNIBUS ORDER

February 19, 2021

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…

Understanding the Different Levels of Information Officers Need When Investigating to Be Able to Properly Make an Arrest and Charge Someone with a Crime

February 17, 2021

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…

A South Jersey woman stole $600,000 from her employer and spent it on luxury goods and plastic surgery, police say

February 12, 2021

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: Search Warrants and the Truth

January 29, 2021

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…

Graves Act Has Significant Mandatory Minimum Sentences for Unlawful Possession of a Firearm

January 26, 2021

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…

2013 New Jersey Revised Statutes Appendix A – EMERGENCY AND TEMPORARY ACTS Section App.A:9-49 – Violations as disorderly conduct; penalty; prosecution

January 25, 2021

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;…