NJ Sex Crimes
Megan’s Law Registration Termination
Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark 14-2-9253 In the Matter of Registrant J.S. , App. Div. (Lihotz,, P.J.A.D. ) (14 pp.) The issue in this case deals with when the 15 year clock starts to run for all the Megan’s Law defendant’s who want to NOW petition the court to get off of…
Read MoreChef’s child-porn case is moving forward
Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark. The legal case of Center City chef Alex Capasso, arrested in July after federal agents said he had sent sexually explicit photos and video of a young girl, is moving forward. Last week, U.S. District Court in Camden appointed Jeffrey Hark, a lawyer with offices in…
Read MoreSentencing: Guidelines, Merger, Yarbough Factors and Beyond
Submitted by New Jersey Sex Crime Attorney, Jeffrey Hark This blog is the last of three blogs discussing State v. Cawley, a case concerning a gruesome rape of a young woman. In previous blogs we have discussed rights to counsel, hearsay exceptions, and the fresh complaint doctrine. Today we move to sentencing. Sentencing in State…
Read MoreThey Told Someone—Hearsay Exceptions and Fresh Complaint Doctrine
Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark This blog is a continuation of the discussion of State v. Cawley, a case concerning a gruesome rape of a young woman. In the last blog we discussed briefly the nuances between your 5th and 6th Amendment rights to counsel, and touched on the inevitable discovery…
Read MoreYour Two Rights to Counsel and Inevitable Discovery
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. State v. Cawley, decided April 7th, is an appeal from a judgment of conviction due to evidence the defendant argues should have been suppressed and an excessive sentence. The defendant was convicted of numerous counts of kidnapping and sexual assault arising from an event that occurred between…
Read MoreA Crime Abroad—State Territorial Jurisdiction
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark The Role and Importance of Jurisdiction State v. Sumulikoski, decided by the Supreme Court of New Jersey on March 18th is a criminal case that hinged on jurisdiction. Jurisdiction is essential to rule of law and due process both at the federal and state level. After all…
Read MoreWitness Bolstering Testimony and Reversible Error | NJ Supreme Court
Submitted by New Jersey Lawyer, Jeffrey Hark The State may not attack one witness’s credibility through another witness’s assessment of that credibility. At trial, a party may introduce evidence that an adverse witness is biased, and parties may demonstrate bias through extrinsic evidence. N.J.R.E. 607. Such extrinsic evidence may include statements or “utterances.” N.J.R.E. 803(c)(3)…
Read MoreWhen Examination of Fresh Complaint Evidence is Necessary
Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark State vs. R.K. New Jersey Supreme Court February 3, 2015. At issue in this case is: the introduction of an alleged minor victim’s testimony by the state as “Fresh Complaint” evidence as opposed to substantive evidence of a crime and the entitlement of a defendant to…
Read MoreTender-Years Exception to the Hearsay Rule
Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark. The tender-years exception to the hearsay rule which states: [A] statement made by a child under the age of 12 relating to sexual misconduct committed with or against that child is admissible in a criminal, juvenile, or civil proceeding if (a) the proponent of the statement…
Read MoreN.J. Supreme Court Reconsiders 8 Year Sentence in Child Luring Case
Case analysis of State v. William A. Case, Jr. submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark. In this case, the Court reviews whether the trial court misapplied the sentencing principles of the Code of Criminal Justice in imposing a sentence that includes a parole disqualified. The Supreme Court determined after a lengthy review of the facts…
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