New Jersey Criminal Law
Privacy Ruling: NJ Supreme Court Limits Law Enforcement’s Access to Facebook Communications in Real Time.
Facebook, Inc. v. State of New Jersey Docket Nos. (A-61-21; A-7-22) (087054) Decided June 29, 2023 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent published opinion, the Supreme Court of New Jersey decided whether law enforcement officials can obtain the contents of electronic communications from a Facebook account prospectively every 15 minutes for…
Read MoreReversed Defendant’s Conviction Following His Plea of Guilty to the Rape and Murder of A.S
State of New Jersey v. Andreas Erazo Docket No. A-16-22 Decided June 21, 2023 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent published opinion, the Supreme Court of New Jersey was tasked with determining whether the Appellate Division properly reversed defendant’s conviction following his plea of guilty to the rape and murder of…
Read MoreMotion To Suppress Evidence Seized as the Result of an Unlawful Search
State of New Jersey v. Damon Gary Docket No. A-0590-22 Decided June 9, 2023 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided the State’s appeal from an order granting defendant’s motion to suppress a handgun recovered during a stop and frisk. On February 16,…
Read MoreAppeal Of the Denial of Motion to Suppress Mirandized Statement to Police
State of New Jersey v. Nicholas Gomez-Zuniga Docket No. A-0601-21 Decided May 22, 2023 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from the denial of his motion to suppress his Mirandized statement to police. In July 2017, the State moved for…
Read MoreMotion To Dismiss Indictment Based on Stated Completion of Pre-Trial Intervention (PTI) Program: Denied
State of New Jersey v. Devon Grant Docket No. A-3147-19 Decided May 31, 2023 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from an order denying his motion to dismiss his indictment based on his stated completion of the pre-trial intervention (PTI)…
Read MorePolice May Not Enter a Detained Vehicle Under the Authority of the Registration Search
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Yesterday New Jersey’s Appellate Division held, in a published opinion in the case of State v. Johnson, established new rules which all New Jersey’s police must follow when conducting a motor vehicle search for a paper copy of a registration. The panel reversed the trial judge’s denial of…
Read MoreMotion to Suppress Marijuana and a Firearm Seized During a Traffic Stop
State of New Jersey in the Interest of S.H. Docket No. A-2170-20 Decided May 31, 2023 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided S.H.’s appeal from an order denying his motion to suppress marijuana and a firearm seized during a traffic stop. In…
Read MoreState Of New Jersey V. Osher Eisemann: Case Pertaining to Motions for a New Trial Based on Newly Discovered Evidence and Brady Violations
State of New Jersey v. Osher Eisemann Docket No. A-0186-22 & A-0187-22 Decided May 26, 2023 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided the State’s motion for leave to appeal the order granting defendant a new trial. The basis of defendant’s charges stemmed…
Read MoreNJ Court Dismisses Appeal of Detained Non-Citizen: Hark & Hark Represents Clients in Pretrial Detention Orders
State of New Jersey v. Gregory Albamata Docket No. A-1341-22 Decided April 12, 2023 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided the defendant’s appeal from an order revoking his release and detaining him pretrial under the Criminal Justice Reform Act, N.J.S.A. 2A:162-15 to…
Read MoreNJ Appellate Court Affirms Denial of PCR Petition in State v. Vargas: Hark & Hark Offers Experienced Post-Conviction Relief Representation
State of New Jersey v. Zabdiel Vargas Docket No. A-3008-20 Decided April 10, 2023 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from a February 12, 2021 order denying his petition for post-conviction relief (“PCR”) without an evidentiary hearing. In November 2017,…
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