New Jersey halts in-person trials, grand jury proceedings due to COVID-19 surge

November 18, 2020

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. The New Jersey Supreme Court on Monday suspended all in-person trials and grand jury proceedings due to a surge in COVID-19 cases. The order handed down by Chief Justice Stuart Rabner is effective immediately. It’s the second time this year that the pandemic has halted in-person trials…

NEW JERSEY LEGISLATURE PROPOSES BODY CAMERAS FOR ALL POLICE OFFICERS

November 17, 2020

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. On February 3, 2020, the Legislature introduced Senate, No. 1163, sponsored by Senator Shirley K. Turner, Assemblywoman Cleopatra G. Tucker and Assemblyman Herb Conaway, Jr. that requires body cameras to be worn by all New Jersey uniformed police officers. These include State, county, and municipal patrol law enforcement…

South Jersey doctor, who lives at Shore, charged in billing fraud scheme

November 15, 2020

Vin Ebenau Published: November 10, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. A pain management doctor, who also specializes in anesthesia, with practices in Central and South Jersey has been charged by U.S. Attorney Craig Carpenito for his alleged role in a multi-million billing fraud scheme. Dr. Morris Antebi, 68, of Long Branch has…

In Some Cases, Evidence of an Anonymous Tip, Alone, Is Sufficient to Justify an Investigatory Stop, or a Terry Stop

November 10, 2020

State v. Kelly Appellate Docket No.: A-2614-18T1 Decided November 9, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In an unpublished opinion, the Appellate Division of New Jersey upheld a denial of a motion to suppress when an anonymous tip claiming two individuals with a handgun in a car in a high crime area was…

Cop Pulled Over Defendant Because He Was Black, No Reasonable Suspicion

November 6, 2020

State v. Nyema Appellate Docket No.: A-0891-18T4 Decided November 5, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In a published opinion, the Appellate Division of New Jersey overturned a denial of a motion to suppress when an officer investigating a robbery pulled over the defendant because three black males were in the car headed…

The Officer Must Be Lawfully Present for the Plain View Exception to a Warrant Requirement:

November 3, 2020

State v. Williams Appellate Docket No.: A-40 Decided November 2, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In a recent New Jersey Supreme Court decision,  the Court, without issuing a written opinion, affirmed a published Appellate Court decision overturning a denial of a motion to suppress when an officer saw weed in a boarding…

Protective Sweep of Home when Defendant was Arrested Outside the Home May be Unlawful

October 21, 2020

State v. Radel Appellate Docket No.: A-2503-18T3 Decided October 20, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In a published opinion, the Appellate Division of New Jersey reviewed a trial court’s denial of a motion to suppress a firearm found inside a defendant’s home as a result of a protective sweep after defendant was…

Legal Principles Can Be Linked to Social Media Posts If They Are Found in Conjunction with a Crime

October 16, 2020

State v. Scurry Appellate Docket No.: A-0377-18T1 Decided October 15, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In an unpublished opinion, the Appellate Division of New Jersey reviewed a trial court’s denial to exclude evidence of a video of the defendant rapping with original lyrics about stealing drugs and shooting someone in the head,…

In the Matter of the Expungement Petition of R.B.T.

October 15, 2020

Appellate Docket No.: A-2454-19T2 Decided October 14, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In an unpublished opinion, the Appellate Division of New Jersey reviewed a grating of an expungement application for a former municipal court judge that completed PTI after misappropriating fines. In Expungement of R.B.T., R.B.T. was a municipal court judge in…

GRAND JURIES TO RESUME, EXCLUDABLE TIME, AND DISCOVERY MODIFICATIONS FOR CRIMINAL DEFENDANTS IN LIGHT OF COVID-19

October 10, 2020

October 8, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. The Supreme Court of New Jersey has issued its Ninth Omnibus Order on Court Operations and Legal Practice during the ongoing COVID-19 pandemic.  The updated provisions are as follows: Reinforcing that grand juries will be selected virtually, and confirming that before December 1, 2020 all…