Officers Had Probable Cause to Search Defendant’s Vehicle Due to a Canine Sniff, But Were Required to Request a Search Warrant

July 5, 2022

State v. Kyle A. Smart Appellate Docket No.: A-2334-21 Decided June 30, 2022 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent published decision, the Appellate Division of New Jersey affirmed a trial court’s granting of a motion to suppress after officers had probable cause to search defendant’s vehicle due to a canine sniff,…

Supreme Court Of New Jersey Reviewed the Prohibition of Car Window Tint and Concluded That the Statute Was Unconstitutionally Vague

June 29, 2022

State v. David L. Smith Appellate Docket No.: A-4-21 Decided June 28, 2022 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent decision, the Supreme Court of New Jersey reviewed the prohibition of “non-transparent material” on car windows, otherwise known as tint, and concluded that the statute was unconstitutionally vague, reversing a finding of…

Prior Bad Acts Were Not Found to Be Relevant to The Determination of Whether the Defendant Committed Sexual Assault

June 24, 2022

State v. Munroe Appellate Docket No.: A-0183-18 Decided May 23, 2022 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey reviewed whether a witness’s charge and subsequent conviction of a robbery could be used as evidence by the defendant to show that he did not sexually…

Prosecutor’s Inexcusable Delay in Turning Over Discovery Leads to Judge’s Decision Reversal

June 8, 2022

State v. Danron Morrisey State v. Marcus Morrisey State v. Louis Sloan Appellate Docket No.: A-2659-21 A-2671-21 A-2672-21 Decided June 6, 2022 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent consolidated unpublished opinion, the Appellate Division of New Jersey reversed a Judge’s decision to extend defendant’s pretrial detention 60 days beyond the…

Witness’s Charge and Subsequent Conviction of a Robbery Used as Evidence by the Defendant to Show That He Did Not Sexually Assault the Witness

May 24, 2022

State v. Munroe Appellate Docket No.: A-0183-18 Decided May 23, 2022 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey reviewed whether a witness’s charge and subsequent conviction of a robbery could be used as evidence by the defendant to show that he did…

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…

Reversed: Denial of The State’s Motion to Compel Disclosure of Defendant’s iPhone Passcode

April 20, 2022

State of New Jersey v. C.J.L. Appellate Docket No.: A-1052-21 Decided April 18, 2022 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent published decision, the Appellate Division reversed the denial of the State’s motion to compel disclosure of defendant’s iPhone passcode based on the misapplication of the foregone conclusion. In C.J.L.,…

Motor Vehicle Search and Seizure of Significant Amounts of Marijuana After Defendant Initiated His Turn Signal During a Lane Change

April 18, 2022

State v. Dylan Barazanji Appellate Docket No.: A-240-20 Decided April 14, 2022 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished decision, the Appellate Division of New Jersey affirmed a motor vehicle search and seizure of significant amounts of marijuana after defendant initiated his turn signal during a lane change rather…

Denial Of Reinstatement into Pretrial Intervention (PTI) After Defendant Failed to Abide By The Original Terms Of PTI

March 23, 2022

State v. Shakera Lowman Appellate Docket No.: A-695-19 Decided March 21, 2022 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey affirmed a denial of reinstatement into pretrial intervention (PTI) after defendant failed to abide by the original terms of PTI. In State v.…

Upheld: Warrantless Swab of Defendant’s Hands Two Hours After Finding His Stepfather in a Pool of Blood

March 2, 2022

State v. Torres Appellate Docket No.: A-1005-18 Decided March 1, 2022 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey upheld a warrantless swab of defendant’s hands two hours after finding his step father in a pool of blood. In State v. Torres, On…