NJ Court Dismisses Appeal of Detained Non-Citizen: Hark & Hark Represents Clients in Pretrial Detention Orders

April 17, 2023

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Albamata Docket No. A-1341-22 Decided April 12, 2023 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided the defendant’s appeal from an order revoking his release and detaining him pretrial under the Criminal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…

NJ Appellate Court Affirms Denial of PCR Petition in State v. Vargas: Hark & Hark Offers Experienced Post-Conviction Relief Representation

April 15, 2023

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Vargas Docket No. A-3008-20 Decided April 10, 2023 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from a February 12, 2021 order denying his petition for post-conviction relief (“PCR”)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,…

Appellate Court Remands Ceatta Thomas Case for Further Consideration of Mental Health in Denial of Pretrial Detention Order Appeal

April 11, 2023

State of New Jersey v. Ceatta Thomas Docket No. A-2006-22 Decided April 5, 2023 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided the State’s appeal from a Law Division order denying its motion for pretrial detention pursuant to the Criminal Justice Reform Act, N.J.S.A.…

As Long as Officers Are Lawfully Present and There Is Evidence of a Crime That Is Immediately Apparent to Officers, They Can Seize the Evidence Without a Warrant

April 5, 2023

State v. Marese Washington, Jr. Appellate Docket No.: A-0733-22 Decided April 5, 2023 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent published opinion, the Appellate Division of New Jersey reversed a granting of a motion to suppress after finding that police lawfully seized defendant’s vehicle in plain view after it was immediately apparent…

Interlocutory Review Was Improvidently Granted and Accordingly Dismissed the Appeal

April 5, 2023

State of New Jersey v. Anthony King, et al. Docket No. A-2970-21 Decided March 21, 2023 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided defendants’ motion appealing the court’s interlocutory orders which granted the State’s applications to quash defendants’ subpoenas duces tecum issued to…

POLICE OFFICER INTERNAL AFFAIRS RECORDS DISCOVERABLE FOR CRIMINAL DEFENSE

March 31, 2023

State v. Andre Higgs Appellate Docket No.: A-28-21 Decided March 30, 2023 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent opinion, the Supreme Court of New Jersey has not made internal affairs records for police officers discoverable for criminal defendants in certain circumstances. In State v. Higgs, Defendant and May had been involved…

Motion to Suppress Evidence Must Be Reversed Because the Opening of the Car Doors During the Dog Sniff Constituted an Unlawful Search

March 31, 2023

State of New Jersey v. Nestor Balbi Docket No. A-2908-20 Decided March 14, 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 denying his motion to suppress evidence after a remand. The Appellate Court originally remanded the case…

Pre-Trial Intervention (PTI) Program Denied When Charged with Third Degree Operating a Motor Vehicle That Resulted in the Death of Another While Her License Was Suspended

March 30, 2023

State of New Jersey v. Laquana Ransdell Docket No. A-1476-21 Decided March 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 trial court order affirming the denial of her application for admission into the Pre-Trial Intervention (PTI) program. In…

The Court Reconsiders the Appropriate Standard to Evaluate the Admissibility of Expert Evidence

February 17, 2023

Warrantless Search and Seizure of Weapons Was Impermissible, Unsupported by Probable Cause, and Without Exigent Circumstances

February 10, 2023

In the Matter of J.M. Docket No. A-1026-20 Decided January 26, 2023 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided appellant’s appeal from a Temporary Extreme Risk Protective Order (“TERPO”) and Final Extreme Risk Protective Order (“FERPO”) entered against him, as well as the…