Request to Commute or Suspend Certain County Jail Sentences

March 22, 2020

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…

Executive Order directs businesses, including law firms, to operate with limited in-office operations; urges workforces to telework

March 22, 2020

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…

State v. Pierre

March 15, 2020

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…

Chief Justice Rabner Announces Two-Week Suspension of Municipal Court Sessions

March 15, 2020

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…

Ford v. Department of Corrections & Graf v. Department of Corrections

February 21, 2020

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…

State v. Goldsborough

February 17, 2020

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…

New Jersey’s New Expungement Law effective June 2021

February 1, 2020

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…

Twitter Tells Facial Recognition Trailblazer to Stop Using Site’s Photos

January 25, 2020

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…

‘Private Enclave’? Supreme Court Deciding Whether Cellphone Passcodes Are Protected

January 23, 2020

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…

N.J.S.A. 2C:39-5(b)(1) unlawful possession of weapon

December 13, 2019

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.…