New Jersey Criminal Law
Constitutionality of a Warrantless Search and a Protective Sweep of a Residence
State v. Terres: Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Police were seeking to arrest a man named Fuller on a warrant and received information he was staying at a trailer park, possibly with defendant. State police informed officers defendant had been arrested and told officers that defendant said Fuller was at the trailer…
Read MoreState v. Davis | On the Pitfalls of Sharing a Lawyer
State v. Davis Appellate Docket No.: A-2784-18T3 Decided July 21, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished decision, the Appellate Division reviewed whether there was ineffective counsel for a law student, representing a defendant under the Court rules, was also court appointed to represent a codefendant for the same…
Read MoreContempt Charges for a Violation of Pre-Trial Release Under the Criminal Justice Reform Act
State v. McCray: Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In consolidated cases, defendants appealed from the judgments of the appellate division reversing the orders of the trial court in defendants’ cases. In April 2017, defendant McCray was arrested and charged with second-degree robbery. A week later, the trial court released McCray subject to…
Read MoreReopen 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…
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