New Jersey Criminal Law
Reopen the Pre-Trial Detention of a Defendant Due to a Material Change in Circumstances
State v. Pineiro: Submitted by New Jersey Criminal Lawyer, Jeffrey Hark This case arose out of an appeal by the State from the trial court’s grant of defendant’s motion to reopen his detention hearing and the order releasing defendant from detention pending disposition of his charges. On February 9, 2020, Clifton police arrested and charged…
Read MoreConstitutionality of a Search And Seizure of Evidence by Law Enforcement | State v. Kelly-Pallanta
State v. Kelly-Pallanta: Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Defendant pled guilty to possession of methamphetamine with intent to distribute following the denial of his motion to suppress evidence seized from his home pursuant to a search warrant. Defendant appealed the trial court’s October 17, 2017 order denying his motion to suppress the…
Read MoreThe Constitutionality of a Pre-Trial Detention Based on Defendants’ Immigration Status
State v. Molchor: Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Defendants were arrested for aggravated assault and criminal mischief. The facts stipulate that defendants allegedly attacked and injured the host at a party they attended, and afterwards fled the scene in a car before being stopped by police. They were apparently under the influence.…
Read MoreConstitutionality of the Seizure of Evidence by Law Enforcement
State v. Torres: Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. After the trial court denied his motion to suppress the seizure of the clothing he was wearing when he was taken into custody, defendant pleaded guilty to first degree murder, N.J.S.A. 2C:11-3(a) (1) (count one); second-degree disturbing human remains, N.J.S.A. 2C:22-1(a)(1) (count four); and…
Read MoreDrug Dealer Guilty of First-Degree Strict Liability for Drug Induced Death
State v. Laporte Appellate Docket No.: A-4572-17T3 Decided and July 8, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In a recent unpublished decision, the Appellate Division reviewed whether the State’s unreasonable delay in discovery was enough to release defendants convicted of violent offenses on the grounds that their speedy trial detention deadlines were…
Read MoreViolating the Right to Speedy Trial Releases Defendants Convicted of Violent Offenses
State v. Williams Appellate Docket No.: A-2850-19T6 Decided and July 7, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In a recent published decision, the Appellate Division reviewed whether the State’s unreasonable delay in discovery was enough to release defendants convicted of violent offenses on the grounds that their speedy trial detention deadlines were…
Read MoreDefendant’s Sixth Amendment Right to Confront A Witness | State v. Jackson
State v. Jackson: Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In November 2014, a man witnessed an individual exiting his home carrying his TV. When he entered his own home, the victim found his TV, computer, and video game console missing. The victim described the man carrying his TV to police and alleged his…
Read MoreReckless Driving and Eluding Law Enforcement Offenses: State v. Watson
State v. Watson: Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In September 2016, a woman reported her car had been stolen from her boyfriend’s house and her two debit cards were missing. Store surveillance photos showed a person using one of the cards and leaving in a vehicle similar to the victim’s. Police spotted…
Read MoreNJ Supreme Court Decision State v. Greene
State v. Greene Appellate Docket No.: A-96-18 Decided and June 23, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In a recent decision by the Supreme Court of New Jersey, the Court reviewed whether a prosecutor who details evidence of a key witness to the jury, then the witness refuses to testify, prejudices the…
Read More9 Departments and Multiple Infractions for One New Jersey Police Officer
With no licenses that can be revoked and no database tracking their misconduct, officers in New Jersey are able to jump from agency to agency, even after they are fired. Submitted by New Jersey Criminal Lawyer, Jeffrey Hark WOODLYNNE, N.J. — He left one department after failing to meet its standards. At another, he racked…
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