New Jersey Criminal Law
Murphy seeks to influence gun policy with ‘power of the purse strings’
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. MORRISTOWN — Gov. Phil Murphy’s administration plans to use the “power of the purse strings” to advocate for stricter gun policies not just in New Jersey, but nationally. Murphy on Tuesday signed an executive order that will govern how New Jersey does business with firearms retailers and…
Read MoreWhat is the prosecutor’s power for a PTI denial?
STATE OF NEW JERSEY, v. LEVAR MARTINBOROUGH, NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not “constitute precedent or be binding upon any court.” Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3.…
Read MoreCan Not Give A ‘Knowing and Voluntary’ Statement Without Being Told That A Warrant Has Been Signed Against Them
NJ Appellate Division Rules a defendant can not give a ‘knowing and voluntary’ statement without being told that a summons or warrant has been signed against them in the 1st place!! Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. STATE OF NEW JERSEY, v. MICHAEL D. WHITE, Decided August 30, 2019 Gloucester County, Indictment No. 18-01-0079.…
Read MoreAG Grewal Issues First-In-The-Nation Statewide Directive to Enforce New Jersey’s “Extreme Risk” Gun Safety Law
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. For Immediate Release: For Further Information: August 15, 2019 Office of The Attorney General – Gurbir S. Grewal, Attorney General Division of Criminal Justice – Veronica Allende, Director Media Inquiries– Peter Aseltine 609-292-4791 Citizen Inquiries– 609-984-5828 AG Grewal Issues First-In-The-Nation Statewide Directive to Enforce New Jersey’s “Extreme…
Read MoreMy Home is a castle—- Even if it is an abandoned row home that I do not own!
An expectation of privacy and “public access” to a common area of a boarded up row home. Submitted by New Jersey Criminal Lawyer, Jeffrey Hark State v. Williams NJ Appellate Division August 19, 2019 Approved for Publication Issue: The central issue in this appeal is whether a resident of a boarding or rooming house…
Read MoreSuppression of Evidence required when police enter a home without a warrant – State v. ADL August 7, 2019
STATE OF NEW JERSEY, v. MIKIEL A. ADL, SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION Decided August 7, 2019 (NOT APPROVED FOR PUBLICATION) Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In this case the police came to a home in search of a shooter. One officer knocked on the door in plain cloths, however there were…
Read MoreState of New Jersey v. Zia Shaikh Superior Court of New Jersey Appellate Division July 9, 2019
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Defendant Zia Shaikh was convicted for careless driving and for using a cell phone while operating a motor vehicle in Bayonne on March 12, 2017. Defendant also pleaded guilty to a parking ticket in a separate matter. On defendant’s appeal, the Law Division issued an order on…
Read MoreUnlawful Possession of a Handgun | State of New Jersey v. Angel Rivera
Superior Court Of New Jersey, State of New Jersey versus ANGEL L.RIVERA Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Angel Rivera was charged with second-degree unlawful possession of a handgun without a permit and second-degree possession of a controlled dangerous substance after the denial of his suppression motion. Defendant was sentenced to five years…
Read MoreSenate Bill 3205
[First Reprint] SENATE, No. 3205 STATE OF NEW JERSEY 218th LEGISLATURE INTRODUCED NOVEMBER 26, 2018 Sponsored by: Senator SANDRA B. CUNNINGHAM District 31 (Hudson) Senator M. TERESA RUIZ District 29 (Essex) SYNOPSIS Revises certain procedures for expungement of records of conviction. CURRENT VERSION OF TEXT As reported by the Senate Judiciary Committee on March 18,…
Read MorePTI Appeal—- Abuse of Prosecutor’s Discretion when considering factors no longer applicable!
State v. Davon M. Johnson New Jersey Supreme Court Argued March 11, 2019 — Decided May 30, 2019 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Issue on Appeal: Johnson’s unsuccessful application for pretrial intervention (PTI). Johnson was charged with third-degree possession of a controlled dangerous substance (CDS) within 1000 feet of a school zone,…
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