What is Probable Cause in New Jersey and what is Lawful Interaction of Police?

September 24, 2020

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 In an unpublished opinion, the Appellate Division of New Jersey reviewed a trial court’s denial of a motion to suppress 15 soil bags of marijuana found in the back of a tractor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…

What is Probable Cause in NJ and what is Lawful Interaction on Behalf of Police? State v. Alamilla

September 24, 2020

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…

The Different Levels of Information Officers Need to Properly Make an Arrest and Charge Someone with a Crime

September 24, 2020

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 In an unpublished opinion, the Appellate Division of New Jersey reviewed a trial court’s denial of a motion to suppress 15 soil bags of marijuana found in the back of a tractor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…

Can Recording Police Radio Transmissions, Possibly Containing Hearsay, Be Used to Convict a Defendant for Eluding?

September 2, 2020

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 In a recent unpublished decision, the Appellate Division reviewed whether admission of recordings of police radio transmissions, possibly containing hearsay, used to convict a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…

Expungements of Criminal Records Are Now Even Easier to Obtain In New Jersey

August 20, 2020

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…

Contempt Charges for a Violation of Pre-Trial Release Under the Criminal Justice Reform Act

July 22, 2020

State v. McCray: Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In consolidated cases, defendants appealed from the judgments of the appellate division reversing the orders of the trial court in defendants’ cases. In April 2017, defendant McCray was arrested and charged with second-degree robbery. A week later, the trial court released McCray subject to…

Reopen the Pre-Trial Detention of a Defendant Due to a Material Change in Circumstances

July 22, 2020

State v. Pineiro: Submitted by New Jersey Criminal Lawyer, Jeffrey Hark This case arose out of an appeal by the State from the trial court’s grant of defendant’s motion to reopen his detention hearing and the order releasing defendant from detention pending disposition of his charges. On February 9, 2020, Clifton police arrested and charged…

The Constitutionality of a Pre-Trial Detention Based on Defendants’ Immigration Status

July 13, 2020

State v. Molchor: Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Defendants were arrested for aggravated assault and criminal mischief. The facts stipulate that defendants allegedly attacked and injured the host at a party they attended, and afterwards fled the scene in a car before being stopped by police. They were apparently under the influence.…

Constitutionality of the Seizure of Evidence by Law Enforcement

July 13, 2020

State v. Torres: Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. After the trial court denied his motion to suppress the seizure of the clothing he was wearing when he was taken into custody, defendant pleaded guilty to first degree murder, N.J.S.A. 2C:11-3(a) (1) (count one); second-degree disturbing human remains, N.J.S.A. 2C:22-1(a)(1) (count four); and…

Drug Dealer Guilty of First-Degree Strict Liability for Drug Induced Death

July 9, 2020

State v. Laporte Appellate Docket No.: A-4572-17T3 Decided and July 8, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In a recent unpublished decision, the Appellate Division reviewed whether the State’s unreasonable delay in discovery was enough to release defendants convicted of violent offenses on the grounds that their speedy trial detention deadlines were…