PTI Program Appeal: State’s Discretion and Trial Judge’s Intervention

November 20, 2023

State of New Jersey v. C.G.H.  Docket No. A-2065-22 Decided November 13, 2023 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided the State’s appeal from a Law Division order admitting defendant into the Pre-Trial Intervention (“PTI”) Program over the objection of the Ocean County…

In The Matter of The Appeal of The Denial of The Application for Firearms Purchaser Identification Card and Permits to Purchase a Handgun N.M.

November 17, 2023

Appellate Docket No.: A-2445-21 Decided November 14, 2023 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey affirmed a denial of petitioner’s Firearms Purchaser Identification Card (FPIC or FID) and handgun purchase permits (“HPP”) after petitioner was to have a prior Driving while intoxicated (DWI) conviction,…

Daubert Standard in Criminal Appeals: DRE Testimony Admissibility and Review

November 15, 2023

Summarize Olenoswski Decision 11-15-23.pdf Submitted by New Jersey Criminal Lawyer, Jeffrey Hark The document is a syllabus summarizing the court’s opinion in State v. Michael Olenowski. It discusses the court’s consideration of whether Drug Recognition Expert (DRE) testimony is reliable and admissible under the Daubert standard, as well as the appropriate standard of review for Daubert-based…

NJ Court Upholds Search: Emergency Aid Doctrine in Warrantless Hotel Room Entry

November 10, 2023

State of New Jersey v. Pedro Sarkis-Farahlaporte Docket No. A-2836-21 Decided October 27, 2023 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from an order denying his motion to suppress evidence from a warrantless search of a hotel room he was occupying.…

Defendant’s Guilty Plea Withdrawal Denied – State v. Carlo Amato

November 2, 2023

State of New Jersey v. Carlo Amato Docket No. A-2788-21 Decided October 10, 2023 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from an order denying his motion to withdraw his guilty plea. In October 2017, defendant was indicted on charges of…

Severance Ruling in NJ vs. Grimsley & Malik – August 28, 2023

October 3, 2023

State of New Jersey v. Dandel Grimsley & Mateen Malik Docket No. A-2699-22 Decided August 28, 2023 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent published opinion, the Appellate Court of New Jersey decided the State’s appeal from an order granting defendants’ motion for severance of their scheduled joint trial. In this case,…

NJ Appellate Court Upholds Suppression in Wiretap Case

August 30, 2023

State of New Jersey v. Dennis Gargano, Jr. & Clarence Grant Docket No. A-1230-22 Decided August 28, 2023 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent published opinion, the Appellate Court of New Jersey was tasked with determining whether the trial court correctly determined the State’s interception of privileged marital communications between codefendant…

Appellate Court Affirms Probable Cause in Arrest Case

August 25, 2023

State of New Jersey v. Travis Murphy Docket No. A-2657-21 Decided August 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 an August 2021 order denying his motion to suppress evidence seized following his arrest. In late April of 2020,…

Supreme Court of New Jersey Rules on In-Person Interpreting in Criminal Jury Trials

August 18, 2023

State of New Jersey v. Oscar Juracan-Juracan Docket No. A-32-22 Decided August 15, 2023 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent published opinion, the Supreme Court of New Jersey was tasked with determining a question of first impression, whether a criminal defendant must be provided in-person interpreting services, rather than video remote…

Appellate Court Affirms Convictions and Sentence: State v. John Rivera

August 17, 2023

State of New Jersey v. John Rivera Docket No. A-3223-20 Decided August 14, 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 his convictions for vehicular homicide, assault by auto, and DWI. In the alternative, defendant contends his sentence was excessive.…