AG Grewal Issues First-In-The-Nation Statewide Directive to Enforce New Jersey’s “Extreme Risk” Gun Safety Law

August 21, 2019

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…

My Home is a castle—- Even if it is an abandoned row home that I do not own!

August 20, 2019

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…

Suppression of Evidence required when police enter a home without a warrant – State v. ADL August 7, 2019

August 12, 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…

State of New Jersey v. Zia Shaikh Superior Court of New Jersey Appellate Division July 9, 2019

July 11, 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…

Unlawful Possession of a Handgun | State of New Jersey v. Angel Rivera

June 21, 2019

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…

Senate Bill 3205

June 19, 2019

[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,…

PTI Appeal—- Abuse of Prosecutor’s Discretion when considering factors no longer applicable!

June 2, 2019

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,…

Illegal “prolong defendant’s roadside detention” and a police dog sniff his vehicle for drugs

May 23, 2019

State v. Rodriguez  New Jersey Appellate Division May 21, 2019 (Not Approved for Publication) Submitted by New Jersey Criminal Layer, Jeffrey Hark Issue: How long can the police keep a motor vehicle driver at a motor vehicle stop for a mere equipment violation? Facts: The following facts are derived from the motion record. On March…

Must a Criminal Defendant Turn Over Cellphone Passwords? NJ Supreme Court Will Decide

May 13, 2019

Must a Criminal Defendant Turn Over Cellphone Passwords? NJ Supreme Court Will Decide In an increasingly technological age, the case is one lawyers are paying close attention to with the Association of Criminal Defense Lawyers of New Jersey listed as an amicus. Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Does compelling a criminal defendant…

What is Reasonable & Articulable Suspicion mean in New Jersey in the confines of a motor vehicle stop??

May 9, 2019

State v. Nelson, New Jersey Supreme Court Decided May 8, 2019 — Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. We therefore consider whether a reasonable and articulable suspicion beyond that which justified the stop supported the canine sniff. See Dunbar, 229 N.J. at 540 (“[I]f an officer has articulable reasonable suspicion independent from the reason…