Motion To Suppress Evidence Recovered After an Officer Approached Him in the Parking Lot

October 27, 2022

State of New Jersey v. Matthew Duffy Docket No. A-0641-21 Decided October 21, 2022 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal the denial of his motion to suppress evidence recovered after an officer approached him in the parking lot of Great…

Appeal of Judgment of Conviction and Order Denying Motion to Be Readmitted into the Pretrial Intervention Program (“PTI”)

October 19, 2022

State of New Jersey v. Jazmine Holloway Docket No. A-0107-20 Decided October 14, 2022 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal of her judgment of conviction and the order denying her motion to be readmitted into the Pretrial Intervention Program (“PTI”).…

Standard of Review Administrative Law Decision

October 18, 2022

Our scope of review of an administrative agency’s final determination is limited. In re Herrmann, 192 N.J. 19, 27 (2007). A “strong presumption of reasonableness attaches” to the agency’s decision. In re Carroll, 339 N.J. Super. 429, 437 (App. Div. 2001) (quoting In re Vey, 272 N.J. Super. 199, 205 (App. Div. 1993), aff’d, 135…

Reinstatement Into Pretrial Intervention (PTI) After Defendant Was Alleged to Have Failed to Abide by the Original Terms of PTI

October 17, 2022

State v. Jazmine Holloway Appellate Docket No.: A-0107-20 Decided October 14, 2022 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey reversed a denial of reinstatement into pretrial intervention (PTI) after defendant was alleged to have failed to abide by the original terms of PTI. In…

State’s Appeal of An Order Granting Defendant’s Motion to Suppress Physical Evidence Seized from His Person Without a Warrant

October 7, 2022

State of New Jersey v. Raheem Reed Docket No. A-2111-21 Decided October 5, 2022 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided the State’s appeal of an order granting defendant’s motion to suppress physical evidence seized from his person without a warrant. On September…

Denied: Defendant’s Appeal of An Order His Motion for Admission into The Pretrial Intervention (“PTI”) Program

October 6, 2022

State of New Jersey v. Russell Olexa Docket No. A-0361-21 Decided October 3, 2022 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided the defendant’s appeal of an order denying his motion for admission into the Pretrial Intervention (“PTI”) program. On May 28, 2019, defendant,…

Motion To Reopen Detention Based on New and Material Evidence That Was Previously Unknown at the Initial Hearing

October 3, 2022

State of New Jersey v. Frank Crusen Docket No. A-3234-21 Decided September 30, 2022 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided the State’s appeal of an order that granted defendant’s motion to reopen his detention hearing and denied the State’s detention motion. Defendant…

ANOTHER REVIEW OF NEW JERSEY’S “RED FLAG LAW”

October 3, 2022

In the Matter of J.E. Appellate Docket No.: A-3694-20 Decided September 30, 2022 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey reviewed a granting of a Final Extreme Risk Protective Order (FERPO) in light of respondent threatening to harm his dog and commit suicide. In…

IP Address Data Is Not Analogous to Cell Site Location Information and Therefore Does Not Require a Warrant

September 22, 2022

State v. Kelvin Briggs Ind. No. 18-08-0647-I Decided July 15, 2019 Approved for Publication September 19, 2022 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In an opinion recently approved for publication, Defendant filed a motion to suppress internet protocol (“I.P.”) address data, which the court ultimately denied after conducting oral argument and considering the written…

Appellate Court Of New Jersey Affirmed the Trial Court’s Ruling That Denied the Defendant’s Motion to Reduce His Sentence

September 20, 2022

State of New Jersey v. William Dunbar Docket No. A-1555-20                                                                                                                Decided September 19, 2022 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey affirmed the trial court’s ruling that denied the defendant’s motion to reduce his sentence. In this case, the defendant went to…