STATE OF NEW JERSEY v. ROBERT G. WHITE, (June 5, 2019) New Jersey Appellate Division (Not Approved for Publication) Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark. Issue: Defendant further argues that the trial court’s order compelling him to produce the passcodes or otherwise decrypt the external hard drives violates his right against self-incrimination under…
State v. Roach New Jersey Appellate Division May 8, 2019 (Not Approved for Publication) Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark. Summary: All 50 states and the federal government have laws that have been held to be constitutionally acceptable allowing law enforcement to take a DNA sample (modern fingerprint) from a defendant at…
In the Matter of the Civil Commitment of R.A. , N.J. Super. App. Div. (April 25, 2019) Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark. The court’s standard applies when the State seeks to recommit a person who was given a conditional discharge. In re Civil Commitment of E.D., 183 N.J. 536, 551 (2005). In…
State v. JSC. New Jersey Appellate Division unreported decision decided February 27, 2019. Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark In this Camden city, Camden county New Jersey decision the defendant was charged with two different aggravated sexual assaults with his ex girlfriend in his family’s home Who is also residing in the…
State v. Santamaria NJ Supreme Court Decision January 28, 2019 Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark. Facts: Former middle school teacher Guillermo Santamaria was tried and convicted of aggravated sexual assault and official misconduct for his sexual relationship with a student at his school from the time she was fourteen. In this appeal we…
Photos considered Relevant Evidence of long standing sexual relationship State v. Santamaria NJ Supreme Court Decision January 28, 2019 Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark. Facts: Former middle school teacher Guillermo Santamaria was tried and convicted of aggravated sexual assault and official misconduct for his sexual relationship with a student at his school…
State v. Santamaria NJ Supreme Court Decision January 28, 2019 Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark. Facts: Former middle school teacher Guillermo Santamaria was tried and convicted of aggravated sexual assault and official misconduct for his sexual relationship with a student at his school from the time she was fourteen. In this appeal we consider…
Issue: In this case the state seemed a victims cell phone and conducted a forensic download of all the victim’s texts from the night before a sexual assault. The state obtained a full list of all texts on the phone from September 10, 2015, to September 28, 2015, along with a log of O.R.’s calls from September 15,…
Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark. Rebecca Odorisio was traveling home on a crowded A train on Tuesday when a photo suddenly appeared on her phone from someone identifying himself as “The Enterprise.” It was a picture of an erect penis, sent to her over AirDrop, an iPhone feature that allows users…
State Of New Jersey v. Gustavo A. Cifuentes, a/k/a Adolfo Gustavo and Holguin Sardi Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark On the night of November 27, 2010, defendant Cifuentes , after consuming four Long Island iced teas and seven beers, went into a women’s apartment and allegedly raped her. The police were…
Legal Developments
That Affect You
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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…