Posts Tagged ‘New Jersey Criminal Law’
Failing to Investigate Alibi Witnesses or Evidence May Result in Ineffective Relief of Counsel
State v. Gideon Appellate Docket No.: A-31-19 Decided January 14, 2021 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent opinion, the Supreme Court of New Jersey reviewed an application for post conviction relief (PCR) based on ineffective assistance of counsel for failing to call alibi witnesses to a shooting. In State v. Gideon,…
Read MorePardons Can Now Expunge Criminal Convictions That Were Otherwise Ineligible
In re Petition for Expungement of the Criminal Record Belonging to T.O. Decided: January 11, 2021 Docket No.: A-55-19 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark The Supreme Court of New Jersey has recently ruled that a pardon by the President or Governor can now make criminal convictions eligible for expungement that were otherwise not…
Read MorePolice Are Required to Inform A Defendant as to the Reason for Arrest Before A Defendant Can Waive Their Miranda Rights
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,…
Read MoreAppeals of Prior Conviction and Sentence of Conspiracy to Commit First-Degree Robbery and Other Crimes
State v. Herbert CRIMINAL LAW Unpublished Appellate Court NJ Filed.2020-12-18 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Defendant Gregory Herbert appeals his prior conviction and sentence of 1) Conspiracy to commit first-degree robbery; 2) third-degree possession of a weapon for an unlawful purpose; 3) offense of fourth degree-degree aggravated assault by pointing a firearm; and…
Read More2021 NEW JERSEY EXPUNGEMENTS OF CRIMINAL RECORDS ARE TO BE FILED ELECTRONICALLY
December 21, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark As of December 8, 2020, New Jersey has updated its expungement law, with the Supreme Court of New Jersey requiring all parts of the judiciary to expand its eCourts electronic filing program to encompass expungement petitions. The Order states as follows: Petitioners shall apply for…
Read MoreStatewide Dismissal Process for Old Unresolved Minor Municipal Court Cases
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark
Read MoreDenial of An Adjournment Request to Postpone A Homicide Trial, Leading to Defendant Entering A Plea Deal
State v. Marsh Appellate Docket No.: A-3519-18T1 Decided December 8, 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 an adjournment request to postpone a homicide trial, leading to defendant entering a plea deal, In State v. Marsh, on November…
Read MorePrior Convictions Admitted in Gun Crime Case, Despite the Conviction Being More Than 10 Years Prior – Evidence That Is Normally Not Admissible
State v. Hedgespeth Appellate Docket No.: A-0850-18T3 Decided August 3, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent decision approved for publication, the Appellate Division reviewed whether there was a kidnapping under the statute while a sex assault occurred. In State v. Hedgespeth, defendant was convicted of third-degree possession of a controlled…
Read MorePolice Can Request A Warrant to Track A Vehicle While Investigation Auto Thefts in High Crime Areas
State v. Wade Appellate Docket No.: A-4388-18T4 Decided November 23, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In an unpublished opinion, the Appellate Division of New Jersey reviewed whether a GPS tracking data retrieved from an auto theft investigation could be used to convict a murder suspect, not directly subject to the auto theft…
Read MoreIf You Have Not Been Charged with a Crime, Police Do Not Have to Inform You If You Are Arrested or If You Are a Suspect
State v. Wade Appellate Docket No.: A-4388-18T4 Decided November 23, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In an unpublished opinion, the Appellate Division of New Jersey reviewed whether a suspect’s statement made to police is admissible when he was wrongfully informed that he was not under arrest. In State v. Wade, a dark-colored…
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