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

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In a recent unpublished opinion, the Appellate Court of New Jersey decided the defendant’s appeal from an order revoking his release and detaining him pretrial under the Criminal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 -26.

Defendant is not a citizen of the United States, he was born in the Dominican Republic. He was originally arrested, charged and released pretrial. He was eventually taken into custody by the United States Immigration and Customs Enforcement (“ICE”) and removed from the county to the Dominican Republic. Defendant made his way back into the U.S. illegally and was subsequently apprehended and held by ICE. In accordance with a writ of habeas corpus, ICE turned defendant over to the Bergen County Prosecutor’s Office. Defendant plead guilty to fourth degree obstruction and was sentenced to time served. He was then released from the Bergen County jail and turned back over to ICE. Defendant appealed.

On appeal, the Appellate Court of New Jersey found that given defendant’s guilty plea, sentence, and release from State custody, all issues related to his appeal of the order detaining him pretrial are moot. The court determined that this defendant’s unique circumstances are unlikely to be repeated and are unlikely to evade review. Therefore, this is not the type of case where the court would address moot issues. Thus, defendant’s appeal was dismissed as moot.

At Hark & Hark, we are experienced attorneys who represent clients in Superior Court for issues like the previously discussed case pertaining to appealing pretrial detention orders. We work hard to ensure that our clients receive exceptional representation in order for them to receive the most favorable outcome in their case as a result.

We offer payment plan options to clients financially incapable of providing full payment upfront. If you are facing a similar situation to that of the defendant in this case, please call us to discuss the matter. At Hark & Hark, we represent clients for any case in any county in New Jersey including Atlantic County, Bergen County, Burlington County, Camden County, Cape May County, Cumberland County, Essex County, Gloucester County, Hudson County, Hunterdon County, Mercer County, Middlesex County, Monmouth County, Morris County, Ocean County, Passaic County, Salem County, Somerset County, Sussex County, Union County, and Warren County and any town including Audubon, Gloucester City, Oaklyn, Audubon Park, Gloucester Township, Pennsauken, Barrington, Haddon Heights, Pine Hill, Bellmawr, Haddon Township, Pine Valley, Berlin Borough, Haddonfield, Runnemede, Berlin Township, Hi-Nella, Somerdale, Brooklawn, Laurel Springs, Stratford, Camden, Lawnside, Voorhees, Cherry Hill, Lindenwold, Waterford, Chesilhurst, Magnolia, Winslow, Clementon, Merchantville, Woodlynne, Collingswood, Mt. Ephraim, and Gibbsboro.