14-2-7924 State of New Jersey v. Anthony D. Parker, N.J. Super. App. Div. Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Facts: The judge conducted suppression hearings on July 26, 2016 and September 30, 2016. The following facts were adduced at the suppression hearings. At 10:00 p.m. on March 16, 2014, Berlin Township police officer Kenneth Barbagli,…
Issue: The ability of the police dog to testify, and what the state need to do to insure that the police dog’s actions can be testified to by his handler. Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Facts: At the suppression hearing, the arresting officer testified he stopped defendant in August 2016 because…
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark On January 8, 2019 New Jersey Supreme Court takes an additional steps towards reforming the criminal justice system with this decision addressing New Jersey’s 2016 revisions to their expungement statute and applications for expungements for defendants who have successfully completed drug court. Relying on the 2016 revisions…
State v. Nurse , N.J. Super. App. Div. January 3, 2019 The police love the Video Surveillance from cameras near by used as evidence, and social media friendship, text evidence and photos from texts used as evidence. Does New Jersey’s Henderson identification procedure apply to a case with video surveillance? Submitted by New Jersey Criminal Lawyer,…
STATE OF NEW JERSEY v. LEE M. TRAVERS, Decided January 2, 2019 New Jersey Appellate Divsion Issue in this case to be addressed: Plain view of a gun found in a car—— What is “plain view”? FACTS: The facts here are key— because the police were called to the Toms River Ocean County scene and were told about the…
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In light of our remand on these grounds, we further request the motion judge to reexamine whether the police had the right at the scene of the motor vehicle stop – after arresting and handcuffing defendant – to ask him to consent to a search of his residence…
SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0053-17T3 IN THE MATTER OF THE APPLICATION OF D.B. FOR A FIREARMS PURCHASER IDENTIFICATION CARD AND PERMIT TO PURCHASE A HANDGUN. ___________________________ Submitted December 10, 2018 – Decided Before Judges Haas and Sumners. On appeal from Superior Court of New Jersey, Law Division, Passaic County, Municipal…
State v. GARY J. PASSARELLI. Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Facts: At approximately 4:00 p.m. on May 31, 2013, defendant was taken to the North Plainfield Police Department. He was questioned by Sergeant Michael Nugent and Detective Aaron Lacey from the Hunterdon County Prosecutor’s Office in an interview room that was video and…
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. 96 N.J. 5382 476 A.2d 12193 Marie E. KELLY, Plaintiff-Appellant, v. Donald C. GWINNELL and Paragon Corp., Defendants-Appellants, and Joseph J. Zak and Catherine Zak, Defendants-Respondents. 4 Supreme Court of New Jersey.5 Argued Feb. 21, 1984. Decided June 27, 1984.6 [476 A.2d 1220] [96 N.J. 540] Nicholas G.…
I want to file a post conviction relief motion after trial because I do not believe my attorney represented me as well as he should have. No, in this particular case the court does not have to conduct a hearing if the petitioner, the defendant, is not able to make a prima facia showing that it can satisfy…
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New Jersey Survivors Justice Act: Sentencing Reform for Abuse Victims
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In January 2026, New Jersey Governor Phil Murphy signed into law a pair of bills known as the Survivors Justice Act (S-4870/A-5968 and S-4871/A-5969). This landmark legislation, championed by Senator Angela V. McKnight, Senator M. Teresa Ruiz, and other lawmakers, amends the state’s criminal code to allow courts…