State of New Jersey v. Javarus Patterson Docket No. A-3325-22 Decided August 26, 2024 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from an order denying his motion to suppress evidence seized pursuant to a warrantless search following a Terry stop. In…
State v. GIBSON Appellate Docket No.: A-3410-19 Decided January 10, 2022 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey reversed a denial of a motion to suppress after officers simply observed a hand to hand transaction without seeing what was exchanged and conducted…
State v. Kelly Appellate Docket No.: A-2614-18T1 Decided November 9, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In an unpublished opinion, the Appellate Division of New Jersey upheld a denial of a motion to suppress when an anonymous tip claiming two individuals with a handgun in a car in a high crime area was…
State v. Macrae Appellate Docket No.: A-1303-18T2 Decided October 6, 2020 Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. In an unpublished opinion, the Appellate Division of New Jersey required a new trial when a trial court failed to provide out of court identification jury charges and only gave the jury in court identification…
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…
STATE V. CHISUM NEW JERSEY SUPREME COURT FEBRUARY 5, 2019 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. [A]n investigative detention, also called a Terry stop or an investigatory stop, occurs during a police encounter when ‘an objectively reasonable person’ would feel ‘that his or her right to move has been restricted. SUMMARY: In this…
STATE V. CHISUM NEW JERSEY SUPREME COURT FEBRUARY 5, 2019 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. [A]n investigative detention, also called a Terry stop or an investigatory stop, occurs during a police encounter when ‘an objectively reasonable person’ would feel ‘that his or her right to move has been restricted. SUMMARY: In this…
STATE V. CHISUM NEW JERSEY SUPREME COURT FEBRUARY 5, 2019 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. SUMMARY: In this case, police officers responded to a simple noise complaint at a motel room. They arrived at the scene and did NOT issue any municipal ordinance summons for any violations because the renter of the room immediately…
Issue: In this case the police approached a car for no reason which the officer observed pull into a parking lot of a closed store late at night after hours. Are they allowed to do that and walk up to the driver and start to ask questions? Have the driver been arrested at that time?…
State v. Welch New Jersey Appellate Division (Unreported Decision November 7, 2018) Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In this case the police approach a defendant who is alleged to have violated a curfew issued from Hurricane Sandy. The facts are as follows: 1) Officer Calleja testified that in the bright moonlight, aided by the patrol vehicle’s…
Legal Developments
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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…