New Jersey Criminal Law
State v. Rustin
State v. Rustin Appellate Docket No.: A-2241-18T2 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In an unpublished opinion, the Appellate Division of New Jersey heard argument on the issue of the ability to suppress video evidence that was obtained by police through a private third party. In State v. Rustin, police responded to reports…
Read MoreRequest to Commute or Suspend Certain County Jail Sentences
https://www.criminalcivillawyer.com/wp-content/uploads/Request-to-Commute-or-Suspend-Certain-County-Jail-Sentences.pdf Submitted by New Jersey Criminal Lawyer, Jeffrey Hark This matter having come before the Court on the request for relief by the Office of the Public Defender (see attached letter dated March 19, 2020), seeking the Court’s consideration of a proposed Order to Show Cause (see attached) designed to commute or suspend county jail…
Read MoreExecutive Order directs businesses, including law firms, to operate with limited in-office operations; urges workforces to telework
By NJSBA Staff posted yesterday Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Gov. Phil Murphy ordered all non-essential retail businesses in New Jersey to close by 9 p.m. tonight in hopes of slowing the spread of COVID-19. Murphy issued an executive order today that directs almost all residents of the state to stay at…
Read MoreState v. Pierre
Docket No. A-0634-19T6 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Defendant was arrested on September 19, 2019, and charged with disorderly-persons resisting arrest, N.J.S.A. 2C:29-2(a)(1), and fourth-degree criminal mischief, N.J.S.A. 2C:17-3(a)(1). The next day, the State moved for pretrial detention. To establish probable cause at the detention hearing, the State relied only on the…
Read MoreChief Justice Rabner Announces Two-Week Suspension of Municipal Court Sessions
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Municipal court sessions will be suspended for two weeks, beginning Monday, to mitigate public exposure to COVID-19 coronavirus, Chief Justice Stuart Rabner announced today. For the two-week period from Monday, March 16 to Friday, March 27, individuals scheduled to appear before a Municipal Court to contest a…
Read MoreFord v. Department of Corrections & Graf v. Department of Corrections
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. The facts of both of these cases go as follows: in Ford, Plaintiff in this case was an inmate appealing the denial of his claim for reimbursement for lost, damages, or destroyed property. As he moved from pre-trial hearing detention to general population, his belongings were returned…
Read MoreState v. Goldsborough
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. This case stems from an appeal from a conviction, specifically a denied motion to suppress evidence. Officers in Cumberland County were executing an arrest warrant on defendant’s house when they approached the front door. There were multiple officers in a line at the front door with the…
Read MoreNew Jersey’s New Expungement Law effective June 2021
The bill that Gov. Murphy signed is now designated L. 2019, c.269. With minor exceptions, L. 2019, c.269 takes effect on June 15, 2020. Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Prior law: When a defendant’s criminal record included two or more totally unrelated criminal convictions, none of those convictions could be expunged. Once…
Read MoreTwitter Tells Facial Recognition Trailblazer to Stop Using Site’s Photos
Twitter said Clearview AI, whose app is spreading in law enforcement, was violating its policies. Lawmakers also expressed privacy concerns. Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. A mysterious company that has licensed its powerful facial recognition technology to hundreds of law enforcement agencies is facing attacks from Capitol Hill and from at least…
Read More‘Private Enclave’? Supreme Court Deciding Whether Cellphone Passcodes Are Protected
The case “could cause the court to diverge on constitutional amendments” and have a seminal impact, Justice Barry Albin said during the arguments at the Richard J. Hughes Justice Complex in Trenton. Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Hours of arguments were heard by the New Jersey Supreme Court on whether a criminal…
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