An expectation of privacy and “public access” to a common area of a boarded up row home. Submitted by New Jersey Criminal Lawyer, Jeffrey Hark State v. Williams NJ Appellate Division August 19, 2019 Approved for Publication Issue: The central issue in this appeal is whether a resident of a boarding or rooming house…
Superior Court Of New Jersey, State of New Jersey versus ANGEL L.RIVERA Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Angel Rivera was charged with second-degree unlawful possession of a handgun without a permit and second-degree possession of a controlled dangerous substance after the denial of his suppression motion. Defendant was sentenced to five years…
State v. Davon M. Johnson New Jersey Supreme Court Argued March 11, 2019 — Decided May 30, 2019 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Issue on Appeal: Johnson’s unsuccessful application for pretrial intervention (PTI). Johnson was charged with third-degree possession of a controlled dangerous substance (CDS) within 1000 feet of a school zone,…
State v. Rodriguez New Jersey Appellate Division May 21, 2019 (Not Approved for Publication) Submitted by New Jersey Criminal Layer, Jeffrey Hark Issue: How long can the police keep a motor vehicle driver at a motor vehicle stop for a mere equipment violation? Facts: The following facts are derived from the motion record. On March…
State v. Nelson, New Jersey Supreme Court Decided May 8, 2019 — Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. We therefore consider whether a reasonable and articulable suspicion beyond that which justified the stop supported the canine sniff. See Dunbar, 229 N.J. at 540 (“[I]f an officer has articulable reasonable suspicion independent from the reason…
State v. Nelson, New Jersey Supreme Court Decided May 8, 2019 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Commentary: The court rules that a 40 minute wait for a drug sniffing dog to arrive based on relatively flimsy ‘independent reasonable and articulable suspicion” of the detective who conducted a motor vehicle stop was not…
There must be specific and articulable facts that, at the time of the search of a vehicle, a person is capable of gaining immediate control of a weapon or weapons Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. State v. Ortiz New Jersey Appellate Division May 6, 2019 (Not Approved for Publication) Facts: The salient…
State v. Ortiz New Jersey Appellate Division May 6, 2019 (Not Approved for Publication) Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In reviewing a motion to suppress evidence, this court must defer to the trial court’s fact findings underlying its decision, “so long as those findings are supported by sufficient credible evidence in the…
State v. James Rogers Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. An appeal of a municipal court conviction must first be addressed by the Law Division de novo. R. 3:23-8. The role of the Law Division is to make independent findings of facts and conclusions of law based on the record developed in the…
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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…