Two Lindenwold Juveniles Charged With Possession of a Firearm

November 23, 2021

Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark Lindenwold, N.J. – Acting Camden County Prosecutor Jill S. Mayer and Lindenwold Police Chief Michael McCarthy, Jr., announce that two Camden County youth (both 17 years of age) have been charged with firearms offenses as a result of an investigation conducted by the Lindenwold Police Department…

Can a Witness’s Exclamatory Outbursts During Trial Testimony Warrant a Mistrial?

October 26, 2021

State v. Sullivan Appellate Docket No.: A-1675-18 Decided October 22, 2021 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey reviewed whether a witness’s exclamatory outbursts during trial testimony warranted a mistrial, despite the Judge issuing limiting instructions immediately. In State v. Sullivan, Ryan…

Is a Sidewalk That Was Closed to The Public, A “Closed Structure” For the Criminal Charge of Burglary

August 19, 2021

State v. Richardson Appellate Docket No.: A-2244-19 Decided August 18, 2021 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey reviewed whether a sidewalk that was closed to the public was a “closed structure” for the criminal charge of burglary. In State v. Richardson,…

New Jersey Court Rule Changes

August 12, 2021

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark

State v. Almonte – Prosecutor Misconduct

August 4, 2021

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark State v. Almonte Appellate Docket No.: A-0536-18 Decided July 27, 2021 In a recent unpublished opinion, the Appellate Division of New Jersey reviewed whether there was prosecutor misconduct when the prosecutor told of testimony that was not used in the opening statement and vouched to the credibility to…

State v. Roman-Rosado

August 4, 2021

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark The dual cases of State v. Roman-Rosado and State v. Carter deal with when might police effectuate a motor vehicle stop on the basis of a violation of N.J.S.A. 39:3-33, which reads in part as follows: “No person shall drive a motor vehicle which has a license plate…

Case Brief: State v. Figueroa

July 29, 2021

Superior Court of New Jersey, Appellate Division (2021) Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Parties:               Plaintiff-Respondent: State of New Jersey Defendant-Appellant: Andre Figueroa Facts:                  Figueroa was spotted by a police officer emerging from between two houses late at night in a vacation town during winter.  Most people are away during winter and it was…

A REVIEW OF NEW JERSEY’S “RED FLAG LAW”

July 20, 2021

Temporary Extreme Risk Protective Order (TERPO) IN THE MATTER OF D.L.B. Appellate Docket No.: A-1035-20 Decided July 14, 2021 In a recent published opinion, the Appellate Division of New Jersey reviewed a denial of a Final Extreme Risk Protective Order (FERPO) in light of respondent brandishing a handgun. In the Matter of D.L.B., police received…

Police Are Trained to Draw Out Confessions in Suspects, Always Ask for A Lawyer Upon Questioning

July 20, 2021

State v. Malone Appellate Docket No.: A-1339-18 Decided July 16, 2021 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey reviewed whether a robbery conviction was proper after defendant confessed after a four hour break in questioning and the defendant’s recorded phone calls from the jail…

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…