Jury Reviewed Defendant’s Recorded Invocation of His Right to An Attorney During Trial After Making Contradictory Statements

November 30, 2021

State v. Blandino Appellate Docket No.: A-5901-17 Decided November 24, 2021 Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Division of New Jersey reviewed the playing of defendant’s recorded invocation of his right to an attorney during trial after making contradictory statements as to his whereabouts during the…

ENDANGERING WELFARE OF CHILD NOT EXPUNGABLE EVEN IF NON SEXUAL

July 13, 2021

In the Matter of the Expungement Application of A.T. Appellate Docket No.: A-509-18 Decided January 8, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a published opinion, the Appellate Division of New Jersey affirmed the denial of an expungement for an offense in violation of N.J.S.A. 2C:24-4(a), endangering the welfare of a child, even…

Right to Remain Silent: Comments made when girlfriend records your statement with the help of police – Comments made in Closing are “FAIR COMMENT”

January 26, 2019

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…

Sexually explicit: New Jersey Supreme Court rules photos of relationship post 18 years old victim can be used to show sexual relationship while victim was underage.

January 26, 2019

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…

NJ Supreme Court Decision State v. Santamaria Procedural Issue: Standard of review for a trial error when the defense fails to make an objection at the time of trial but raises the issue on appeal

January 26, 2019

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…

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