New Jersey Criminal Law
N.J.S.A. 2C:39-5(b)(1) unlawful possession of weapon
STATE OF NEW JERSEY, v. KENNETH G. MURILLO, Decided December 11, 2019 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Defendant appeals from his conviction for second-degree unlawful possession of a handgun, N.J.S.A. 2C:39-5(b)(1).1 Police found the gun stashed in a wall of a commercial establishment on a public street, where defendant had no privacy interest.…
Read MorePRETRIAL RELEASE AND ‘NATURE OF OFFENSE”
The State sought defendant’s detention under the Criminal Justice Reform Act, N.J.S.A. 2A:162-15 to 26. STATE OF NEW JERSEY v. J.A.R.R., December 11, 2019 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. On leave granted, the State appeals from the trial court’s July 18, 2019 order, entered after an earlier remand, denying the State’s motion to…
Read MoreNJ Expungement’s New exception for “Crime Spree” charges for multiple convictions from one ‘event’. The sole issue presented on appeal is whether the 2018 crime spree amendment to N.J.S.A. 2C:52-2(a) permits the expungement of C.P.M.’s 2005 convictions.
IN THE MATTER OF THE EXPUNGEMENT OF C.P.M. December 6, 2019 APPROVED FOR PUBLICATION December 6, 2019 APPELLATE DIVISION Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. New Jersey’s expungement new procedure under the “crime spree” doctrine set forth in the 2018 amendment to N.J.S.A. 2C:52-2(a). Because we conclude that C.P.M.’s convictions were not “closely related in…
Read MoreGoodson, Part 2 — From the street to the house…..Can the police get into the house and search?
STATE OF NEW JERSEY v. ROBERT O. GOODSON, Decided December 3, 2019 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Defendant Robert O. Goodson appeals from his October 27, 2017 conviction after his motion to suppress the evidence was denied. Because the facts track very closely with those in State v. Rosario, 229 N.J. 263 (2017), we reverse,…
Read MoreField Inquiry by police or investigative detention?
Which one are you involved in? Are you free to leave? Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. STATE OF NEW JERSEY v. ROBERT O. GOODSON, Decided December 3, 2019 Defendant Robert O. Goodson appeals from his October 27, 2017 conviction after his motion to suppress the evidence was denied. Because the facts track very closely with…
Read MoreState v. Phillips
State v. Phillips Docket No. A-3953-18T4 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark One night, police received complaints about drug dealing occurring at the Rodeway Inn, and the hotel manager told police that there had been heavy foot traffic in and out of Room 107. The police conducted surveillance and observed a male leave…
Read MoreState v. Graham
State v. Graham Docket No. A-4697-17T2 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Late one evening in March 2014, a police officer pulled over the defendant, Mr. Graham, for a broken headlight and tinted front windows. When the defendant rolled down his window, the officer testified to smelling a strong odor of raw marijuana,…
Read MoreCAN THE POLICE COME INTO MY HOTEL ROOM??
State v. Phillips New Jersey Appellate Division November 18, 2019 (Not Approved for Publication) Decision: Remand to trial judge for further hearing Issue: When and how can the police come into my hotel room?? It is a factually specific question based on the following law– Submitted by New Jersey Criminal Lawyer, Jeffrey…
Read MoreJudge’s Power at a Sentencing Hearing
Judge’s Power at a Sentencing hearing STATE OF NEW JERSEY v. ARTHUR W. VESPIGNANI, Unpublished opinion November 8, 2019 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Trial Judge’s power and authority at sentencing is seen in this case. So long as the judge lays out his/her thoughts and opinions consist with the criminal code,…
Read MorePTI ADMISSION BY TRIAL JUDGE REVERSED ON APPEAL
State of New Jersey v. Emmett Ryder submitted October 16, 2019, decided November 1, 2019 Superior Court of New Jersey Appellate Division (Not approved for publication) Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. New Jersey statutory law, NJSA 2C: 43 – 12 G3 preclude admission into PTI by presumption for any second degree offense.…
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