Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. State vs. Wright 1) Appellate review of a trial court’s decision for out of court identification and a use of defendant’s statement without the benefit of miranda warnings. This court, as all, review facts and the law and the trial court’s written decision. The court then outlines…
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark State vs. A.S. Here is a brief review of the PTI standard and law governing the Prosecutor’s PTI program in New Jersey New Jersey’s PTI program is governed by N.J.S.A. 2C:43-12 and the Supreme Court’s guidelines for implementation, set forth in Rule 3:28. Generally, individuals with no…
State v. A.S., App. Div. (Approved for Publication February 26, 2016) Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In this case the defendant was initially accepted into New Jersey’s Pre-Trial Intervention Program; a first offenders rehabilitation program/probation program accessible to those who have no prior criminal record and are charged with 3rd or 4th degree non…
State vs. Webb Appellate Division February 12, 2016 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Issue 1—– In New Jersey, absent probable cause and exigent circumstances the police still need a search warrant to enter a structure which the defendant may have actual or constructive possession thereof. THIS IS AN INVOLVED AND LONG…
State vs. Webb Appellate Division February 12, 2016 Submitted by New Jersey Criminal Defense Attorney, Jeffrey Hark. IN this blog we review, again, the Appellate Division’s scope and Standard of Review of a trial court’s decision. These are bedrock fundamental concepts that need to be taken into consideration when you are actually at trial listening…
State vs. Regan Definition of “significant” Injury in an Assault Case — temporary loss of any bodily member or organ or ‘temporary loss of any one of the five senses.” Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In this case there was a question of fact regarding what this individual defendant did to cause…
Prosecutorial misconduct can be a ground for reversal where the prosecutor’s misconduct was so egregious that it deprived the defendant of a fair trial. State vs. Regan Appellate Division February 9, 2016 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. This case was won and or lost by the prosecutor based on several witness’ testimony…
Appellate review of trial court determination Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. 14-2-8702 State v. Thorpe , App. Div. (per curiam) (11 pp.) This is an important case addressing the need by the police to independently verify information received from an anonymous caller to establish their own probable cause for the search, arrest and eventual charging of a criminal…
CRIMINAL LAW – Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. 14-2-8702 State v. Thorpe , App. Div. (per curiam) (11 pp.) This is an important case addressing the need by the police to independently verify information received from an anonymous caller to establish their own probable cause for the search, arrest and eventual charging of a criminal defendant. The…
State v. Antoine D. Watts (A-21-14) (074556) Argued September 17, 2015 — Decided December 2, 2015 Submitted by New Jersey Criminal Defense Lawyer, Jeffrey Hark New Jersey Supreme Court decision: The issue in this case is whether the second search of a defendant for 6 minutes after he was initially detained on a street corner…
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New Jersey Survivors Justice Act: Sentencing Reform for Abuse Victims
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In January 2026, New Jersey Governor Phil Murphy signed into law a pair of bills known as the Survivors Justice Act (S-4870/A-5968 and S-4871/A-5969). This landmark legislation, championed by Senator Angela V. McKnight, Senator M. Teresa Ruiz, and other lawmakers, amends the state’s criminal code to allow courts…