NJ Court Suppresses Evidence from Warrantless Home Search

August 23, 2024

State of New Jersey v. Curtis Strickland Indictment No. 22-12-786-I Decided August 8, 2024 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the trial court in Gloucester County, New Jersey decided defendant’s motion to suppress evidence seized pursuant to a warrantless search. The facts derived from the motion are as follows:…

Reversed Defendant’s Conviction Following His Plea of Guilty to the Rape and Murder of A.S

June 29, 2023

State of New Jersey v. Andreas Erazo Docket No. A-16-22 Decided June 21, 2023 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent published opinion, the Supreme Court of New Jersey was tasked with determining whether the Appellate Division properly reversed defendant’s conviction following his plea of guilty to the rape and murder of…

Motion To Suppress a Statement Made to Police While Suffering Serious Wounds and Being Under the Influence of Medication

February 3, 2023

State of New Jersey v. Rollie Ellis Docket No. A-3606-19 Decided January 18, 2023 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal of the denial of her motion to suppress a statement she made to police about stabbing the victims. In April…

Defendant Contended That His Un-Mirandized Statements to Police Should Have Been Suppressed and That the Court Committed Reversible Error

December 23, 2022

State of New Jersey v. Elijarh Hogges Docket No. A-1666-19 Decided December 2, 2022 Submitted by New Jersey DWI Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from judgment of conviction entered after a jury trial of four counts arising from a motor vehicle collision that resulted…

Motion To Suppress Physical Evidence Seized as a Result of an Unlawful Search

November 29, 2022

State of New Jersey v. Carlos Sanchez Docket No. A-0930-20 Decided November 16, 2022 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from an order denying his motion to suppress evidence seized by police without a warrant from his mother’s home. At…

Defendant Challenges the Introduction of Inculpatory Statements Made to Detectives During a Custodial Interrogation

November 22, 2022

State of New Jersey v. Jamal Wade Docket No. A-31-21 Decided November 16, 2022 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent published opinion, the Supreme Court of New Jersey decided defendant’s appeal challenging the introduction of inculpatory statements he made to detectives during a custodial interrogation. In September 2016, an officer responded…

Officer Did Not Have Reasonable Articulable Suspicions of a Tinted Windows Violation That Was Needed to Justify a Motor Vehicle Stop

September 26, 2022

State v. Edward Bejarno Docket No. A-2163-20 Decided September 23, 2022 Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Court of New Jersey decided Defendant’s motion to suppress evidence following a motor vehicle stop, after he appealed the trial court’s denial of his motion. The facts of the…

Reversed: Conviction of Aggravated Manslaughter After Defendant Confessed to Killing His Wife

June 23, 2022

State v. Abayuba Rivas Appellate Docket No.: A-15-21 Decided June 22, 2022 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent opinion, the Supreme Court of New Jersey reversed a jury conviction of aggravated manslaughter after defendant confessed to killing his wife. In State v. Rivas, at 10:00 a.m. on February 24, 2014, Rivas…

Statements Made Without Properly Being Read Your Miranda Rights Could Be Suppressed

May 4, 2022

State v. O.D.A.-C. Appellate Docket No.: A-78-20 Decided May 2, 2022 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent decision, the Supreme Court of New Jersey reversed a denial of a motion to suppress after detectives continuously undermined the significance of the Miranda warning after properly administering Miranda. In O.D.A.-C., detectives…

Police Are Required to Inform A Defendant as to the Reason for Arrest Before A Defendant Can Waive Their Miranda Rights

January 5, 2021

State v. Sims—-NEWS FLASH—-  NJ Appellate Division on January 4, 2021 ruled that police are required to inform a defendant as to the reason for arrest before a defendant can waive their Miranda rights, even if formal charges have not been filed. Appellate Docket No.: A-2641-17T2 Decided January 4, 2021 Submitted by New Jersey Criminal Lawyer,…