Motion to Suppress Evidence Must Be Reversed Because the Opening of the Car Doors During the Dog Sniff Constituted an Unlawful Search

March 31, 2023

State of New Jersey v. Nestor Balbi Docket No. A-2908-20 Decided March 14, 2023 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided the defendant’s appeal from an order denying his motion to suppress evidence after a remand. The Appellate Court originally remanded the case…

Police Did Not Have Reasonable, Articulable Suspicion to Justify the Stop

November 14, 2022

State of New Jersey v. Melvin Peralta Docket No. A-1065-19 Decided November 9, 2022 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal of the denial of his motion to suppress physical evidence without a warrant. In November 2015, the Somerset County Prosecutor’s…

Denied: Defendant’s Appeal of An Order His Motion for Admission into The Pretrial Intervention (“PTI”) Program

October 6, 2022

State of New Jersey v. Russell Olexa Docket No. A-0361-21 Decided October 3, 2022 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided the defendant’s appeal of an order denying his motion for admission into the Pretrial Intervention (“PTI”) program. On May 28, 2019, defendant,…

There May Be Ways to Escape the Mandatory Minimums by Seeking a Graves Act Waiver, But Only Certain Individuals Are Eligible

February 28, 2022

State v. Lamborn Appellate Docket No.: A-740-19 Decided February 25, 2022 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey reversed the probationary sentence imposed on defendant Kevin M. Lamborn on the State’s motion for a Graves Act, N.J.S.A. 2C:43-6(c), waiver, following defendant’s guilty…

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…

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…

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…

Police Officer’s Testimony of Surveillance Footage Was “Best Evidence” When the Surveillance Footage Could Not Be Produced for Trial

June 2, 2021

State v. Bayoumi Appellate Docket No.: A-163-20 Decided June 1, 2021 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Division of New Jersey reviewed whether a police officer’s testimony of surveillance footage identifying defendant was appropriate “best evidence” when the surveillance footage could not be produced for trial. In…

Understanding the Different Requirements Officers Need at Various Levels of Searches

April 29, 2021

State v. Kee Decided April 26, 2021 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In an unpublished decision, the Appellate Division of New Jersey reviewed whether defendant was properly questioned and a witness was properly detained after a motor vehicle stop led to an investigation of a shooting, implicating the defendant. In State v. Kee,…

In Order for Search and Seizure, Officers Need Probable Cause Through A Warrant or Circumstances That Would Ordinarily Permit Officers to Get A Warrant

April 7, 2021

State v. Weaver Appellate Docket No.: A-4582-18 Decided April 6, 2021 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark.             In a recent unpublished opinion, the Appellate Division of New Jersey reviewed a police search of a home that lead to finding firearms under a mattress without a warrant and in search of the defendant who…