Hark attorneys get Appellate division to agree with them that trial court made errors of fact and law for a Camden County New Jersey motion to suppress. Police improperly extend motor vehicle stop to bring drug dog and improperly question defendant Driver for too long in order to search vehicle and find gun. a palace…
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…
State of New Jersey v. Damon Gary Docket No. A-0590-22 Decided June 9, 2023 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided the State’s appeal from an order granting defendant’s motion to suppress a handgun recovered during a stop and frisk. On February 16,…
State v. Kee Decided April 26, 2021 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In an unpublished decision, the Appellate Division of New Jersey reviewed whether defendant was properly questioned and a witness was properly detained after a motor vehicle stop led to an investigation of a shooting, implicating the defendant. In State v. Kee,…
State v. Shaquille Appellate Docket No.: A-4139, 5085, 5677-17T3 Decided December 15, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In an unpublished opinion, the Appellate Division of New Jersey reviewed a trial court’s denial of a motion to suppress where police entered a home and a hotel room investigating a shooting and using emergency…
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In this case there are numerous issues at play. I have previously provided a review of the issuers pertaining to the substantive search warrant and the drugs found as a result. Now I will be discussing the standard of review performed by the appellate division of the…
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. State v Hamlett A-4399-14T2 In this case the defendant plead guilty to three different indictments for three different criminal cases pending against him. On appeal he raised an argument that the police were not allowed to search his rental car and specifically the center console of the…
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. State v. Aziz. Decided March 31, 2016 In reviewing the denial of a motion to suppress for an alleged violation of Miranda, we use a “searching and critical” standard of review to protect a defendant’s constitutional rights. State v. Maltese, 222 N.J. 525, 543 (2015) (quoting State…
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark State v. Bruno Gibson, decided September 16, 2014 by the Supreme Court of New Jersey lays out the difference between evidence presented at a motion to suppress hearing and evidence at trial as well as when to acquit a defendant versus when to remand them for a…
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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…