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…

Expanding Grand Juries; Excludable Time; Relaxing Pre-Indictment Discovery; Provisional New Pre-Indictment Hearing

October 9, 2020

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark.

Challenging the Trial Judge Erred by Denying His Motion to Dismiss Count One of the Indictment

September 30, 2020

State v. Decker Appellate Docket No.: A-3928-17T1 Decided September 29, 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 In an unpublished opinion, the Appellate Division of New Jersey reviewed a trial court’s denial of defendant’s pretrial motion to dismiss a count of him being a leader of a gun trafficking unit. In State v. Decker,…

The Co-Conspirator Exception to Hearsay Is Important to Understand for Criminal Cases

September 25, 2020

State v. Lopez Appellate Docket No.: A-1210-19T1 Decided September 23, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In an unpublished opinion, the Appellate Division of New Jersey reviewed a jury’s conviction and forty-five year aggregate term of parole ineligibility that included text messages admitted into evidence under the co-conspirator exception to the hearsay rule.…

State v. Alamilla Appellate Docket No.: A-5952-17T1 Decided September 23, 2020

September 24, 2020

New Jersey Supreme Court Established bright line ‘probable cause test” in 2015: State v. Alamilla Appellate Docket No.: A-5952-17T1 Decided September 23, 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 In an unpublished opinion, the Appellate Division of New Jersey reviewed a trial court’s denial of a motion to suppress 15 soil bags of marijuana…

What is Probable Cause in New Jersey and what is Lawful Interaction of Police?

September 24, 2020

State v. Alamilla Appellate Docket No.: A-5952-17T1 Decided September 23, 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 In an unpublished opinion, the Appellate Division of New Jersey reviewed a trial court’s denial of a motion to suppress 15 soil bags of marijuana found in the back of a tractor trailer, after the driver blurted…

What is Probable Cause in NJ and what is Lawful Interaction on Behalf of Police? State v. Alamilla

September 24, 2020

State v. Alamilla Appellate Docket No.: A-5952-17T1 Decided September 23, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Another key to this decision is the standard of review by the appellate court, which is used in virtually every appellate appeal for trial court decisions.  In order to be successful on appeal you must be aware…

The Different Levels of Information Officers Need to Properly Make an Arrest and Charge Someone with a Crime

September 24, 2020

State v. Alamilla Appellate Docket No.: A-5952-17T1 Decided September 23, 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 of a motion to suppress 15 soil bags of marijuana found in the back of a tractor trailer, after the driver…

YOUR CELL PHONE PASSCODE IS NOT PROTECTED BY 5TH AMENDMENT SELF INCRIMINATION

September 15, 2020

In Re Matter of State’s Application to Compel M.S. to Provide Passcode Appellate Docket No.: A-4509-18T2 Decided September 11, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In a recent unpublished decision, the Appellate Division reviewed whether the requirement of a defendant to turnover his passcode to his cell phone constituted a violation of the…

YOUR IPHONE PASSCODE IS NOT PROTECTED BY 5TH AMENDMENT SELF INCRIMINATION

September 15, 2020

State v. Andrews Appellate Docket No.: A-72-18 Decided August 10, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In a recent New Jersey Supreme Court decision, the Court reviewed whether the requirement of a defendant to turnover his passcode to his iphone constituted a violation of the 5th Amendment right against self-incrimination. In State…

Legal Developments
That Affect You