Posts Tagged ‘New Jersey Criminal Law’
What is Probable Cause in New Jersey and what is Lawful Interaction of Police?
State v. Alamilla Appellate Docket No.: A-5952-17T1 Decided September 23, 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 In an unpublished opinion, the Appellate Division of New Jersey reviewed a trial court’s denial of a motion to suppress 15 soil bags of marijuana found in the back of a tractor trailer, after the driver blurted…
Read MoreWhat is Probable Cause in NJ and what is Lawful Interaction on Behalf of Police? State v. Alamilla
State v. Alamilla Appellate Docket No.: A-5952-17T1 Decided September 23, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Another key to this decision is the standard of review by the appellate court, which is used in virtually every appellate appeal for trial court decisions. In order to be successful on appeal you must be aware…
Read MoreThe Different Levels of Information Officers Need to Properly Make an Arrest and Charge Someone with a Crime
State v. Alamilla Appellate Docket No.: A-5952-17T1 Decided September 23, 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 In an unpublished opinion, the Appellate Division of New Jersey reviewed a trial court’s denial of a motion to suppress 15 soil bags of marijuana found in the back of a tractor trailer, after the driver…
Read MoreCan Recording Police Radio Transmissions, Possibly Containing Hearsay, Be Used to Convict a Defendant for Eluding?
State v. Worsley Appellate Docket No.: A-2958-17T2 Decided September 1, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In a recent unpublished decision, the Appellate Division reviewed whether admission of recordings of police radio transmissions, possibly containing hearsay, used to convict a defendant for eluding. In State v. Worsley, defendant left a Long Branch bar…
Read MoreCan Phone Calls Made on A Recorded Line From Prison Could Be Used As Evidence To Convict A Defendant?
State v. Townsend Appellate Docket No.: A-5387-17T4 Decided August 28, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In a recent unpublished decision, the Appellate Division reviewed whether of phone calls made on a recorded line from prison could be used as evidence to convict a defendant. In State v. Townsend, after a jury found…
Read MoreExpungements of Criminal Records Are Now Even Easier to Obtain In New Jersey
August 19, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. As of June 15, 2020, New Jersey has updated its expungement law, under the “Clean Slate” provisions. The Clean Slate law provides: Drug-related offenses resulting in a conviction are considered Disorderly Persons offenses for purposes of expungements. Having more than one drug offense is…
Read MoreIs It Appropriate for the Trial Judge to Sentence Probation on a Second Degree Grave’s Act Charge?
State v. Smith Appellate Docket No.: A-2840-18T1 Decided August 17, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In a recent unpublished decision, the Appellate Division reviewed whether it was appropriate for the trial judge to sentence probation on a Second Degree Grave’s Act charge. In State v. Smith, defendant was stopped by police…
Read MoreKidnapping While a Sex Assault Occurred and a “Substantial Period”
State v. Juan E. Cruz-Pena Appellate Docket No.: A-3-19 Decided August 4, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In a recent New Jersey Supreme Court decision, the Court reviewed whether there was a kidnapping under the statute while a sex assault occurred. In State v. Cruz-Pena, defendant was charged in a multi-count indictment…
Read MoreKidnapping Under the Statute While a Sex Assault Occurred
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 MoreConstitutionality of a Warrantless Search and a Protective Sweep of a Residence
State v. Terres: Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Police were seeking to arrest a man named Fuller on a warrant and received information he was staying at a trailer park, possibly with defendant. State police informed officers defendant had been arrested and told officers that defendant said Fuller was at the trailer…
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