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

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No.: A-740-19 Decided February 25, 2022 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey reversed the probationary sentence imposed on defendant Kevin M. Lamborn on the State’s motion for a Graves Act,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…

Read More

Two Lindenwold Juveniles Charged With Possession of a Firearm

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…

Read More

Case Brief: State v. Figueroa

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…

Read More

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

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 In a recent unpublished opinion, the Appellate Division of New Jersey reviewed whether a police officer’s testimony of surveillance footage identifying defendant was appropriate “best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…

Read More

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

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             In a recent unpublished opinion, the Appellate Division of New Jersey reviewed a police search of a home that lead to finding firearms under a mattress without a warrant and in search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…

Read More

Prosecutor Misconduct During A Trial Can Deny A Defendant A Right to A Fair Trial – Make Sure Your Attorney Recognizes It!

State v. Garcia Docket No.: A-47-19 Decided March 10, 2021 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In a opinion, the Supreme Court of New Jersey reviewed whether a under the plain error doctrine, defendant was denied a fair trial when a video depicting defendant’s family members speaking with police was excluded from evidence and,…

Read More

A South Jersey woman stole $600,000 from her employer and spent it on luxury goods and plastic surgery, police say

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. A former human resources manager at a South Jersey shipping-container company has been charged with stealing more than $600,000 from her employer and spending it on designer clothes and handbags, a vacation in Puerto Rico, and plastic surgery, Burlington County authorities said Thursday. Karen O’Brien, 41, of Maple…

Read More

State V. Pinson: Search Warrants and the Truth

State v. Pinson, 461 N.J. Super. 536 (App. Div. 2019) Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. ISSUE: Whether a Law Division judge improperly invalidated an arrest warrant when he ruled that an affiant made a false statement in support of the arrest warrant, excised that statement from the affidavit, and concluded the affidavit no…

Read More