Witnesses That Are Not Expert Witnesses Can Only Testify as To Their Firsthand Knowledge

January 22, 2021

State v. Amrit Singh Appellate Docket No.: A-37-19 Decided January 21, 2021 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent opinion, the Supreme Court of New Jersey reviewed whether a detective’s reference to “the defendant” while narrating surveillance footage of a robbery and comparing defendant’s shoes to those in the video were reversible…

Violations of Temporary Restraining Orders (TRO) And Final Restraining Orders (FRO) Are Criminal Acts

January 21, 2021

State v. E.J.H. Appellate Docket No.: A-4228-19T1 Decided January 19, 2021 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent published opinion, the Appellate Division of New Jersey reviewed a trial court’s dismissal of a Temporary Restraining Order (TRO) contempt charge when defendant spoke directly into a “Nest” home security camera knowing the victim…

Prosecutor Misconduct During A Trial Can Be Means to Denying A Defendant A Right to A Fair Trial

January 20, 2021

State v. Damon Williams Appellate Docket No.: A-46-19 Decided January 19, 2021 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent opinion, the Supreme Court of New Jersey reviewed whether the use of an image from the Shining during closing summation was appropriate in a circumstance where no physical force was used. In State…

Failing to Investigate Alibi Witnesses or Evidence May Result in Ineffective Relief of Counsel

January 15, 2021

State v. Gideon Appellate Docket No.: A-31-19 Decided January 14, 2021 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent opinion, the Supreme Court of New Jersey reviewed an application for post conviction relief (PCR) based on ineffective assistance of counsel for failing to call alibi witnesses to a shooting. In State v. Gideon,…

Pardons Can Now Expunge Criminal Convictions That Were Otherwise Ineligible

January 12, 2021

In re Petition for Expungement of the Criminal Record Belonging to T.O. Decided: January 11, 2021 Docket No.: A-55-19 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark The Supreme Court of New Jersey has recently ruled that a pardon by the President or Governor can now make criminal convictions eligible for expungement that were otherwise not…

COVID-19 – VIRTUAL CIVIL JURY TRIALS

January 8, 2021

Police Are Required to Inform A Defendant as to the Reason for Arrest Before A Defendant Can Waive Their Miranda Rights

January 5, 2021

State v. Sims—-NEWS FLASH—-  NJ Appellate Division on January 4, 2021 ruled that police are required to inform a defendant as to the reason for arrest before a defendant can waive their Miranda rights, even if formal charges have not been filed. Appellate Docket No.: A-2641-17T2 Decided January 4, 2021 Submitted by New Jersey Criminal Lawyer,…

Appeals of Prior Conviction and Sentence of Conspiracy to Commit First-Degree Robbery and Other Crimes

January 3, 2021

State v. Herbert CRIMINAL LAW Unpublished Appellate Court NJ Filed.2020-12-18 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Defendant Gregory Herbert appeals his prior conviction and sentence of 1) Conspiracy to commit first-degree robbery; 2) third-degree possession of a weapon for an unlawful purpose; 3) offense of fourth degree-degree aggravated assault by pointing a firearm; and…

2021 NEW JERSEY EXPUNGEMENTS OF CRIMINAL RECORDS ARE TO BE FILED ELECTRONICALLY

December 22, 2020

December 21, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark As of December 8, 2020, New Jersey has updated its expungement law, with the Supreme Court of New Jersey requiring all parts of the judiciary to expand its eCourts electronic filing program to encompass expungement petitions.  The Order states as follows: Petitioners shall apply for…

Out of State Grave’s Act Offense: Key Issue Is the Ability to Prove for Any County Prosecutor PTI Coordinator Adequate Supervision in The Defendant’s Home State

December 20, 2020

State of NJ v. James Ray   Decided December 11, 2020 On appeal from the Superior Court of New Jersey, Law Division, Bergen County, PER CURIAM PTI Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Defendant James D. Ray signed a pre-trial intervention (PTI) application that was denied by the Bergen County prosecutor. He is appealing against the…