Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark State v. Myers, decided by the Appellate Division on September 8, 2015, addresses the question of whether the smell of marijuana can still be used as probable cause for a search given that it is now legal for some citizens to both use and carry the…
Submitted by New Jersey Drug Crime Attorney, Jeffrey Hark. N.J.S.A. 2C:44-3 outlines the criteria for an extended term of imprisonment at sentencing. These include: defendant convicted of first, second, or third degree crime + persistent offender + professional criminal (i.e. a [person working with 2+ people in an ongoing criminal enterprise) defendant committed the crime…
Submitted by New Jersey Drug Lawyer, Jeffrey Hark In State v. Castle, decided July 2, by the Appellate Division, the judge considered whether the Pretrial Intervention Program (PTI) was properly denied by the prosecutor and trial judge. Previous blogs have written extensively about what makes an applicant a good candidate for PTI, and more info…
Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark State v. Lewis, decided by the Appellate Division, on June 25th, is an appeal of a conviction partially based on a motion to suppress evidence that defendant argues was improperly denied by the trial court. The relevant facts are that the defendant was spotted by an…
Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark As mentioned in the last blog concerning State v. Firman, a reversal of a conviction is not an overly common occurrence even when then trial judge has made a mistake. This is because of the concept of harmless error. If at trial, a mistake by the…
Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark A reversal and remand for new trial is not extremely common. The prejudicial threshold necessary for a judge to reverse a conviction made by the verdict of a jury is high. But that’s just what happened in State v. Firman, decided May 21, 2015, and this…
Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark State v. Malkin, decided November 24, 2014 by the Appellate Davison does not concern an ordinary narcotics transaction. But it does examine classic 4th Amendment search and seizure issues of law that are important for the readers of this blog to understand. The 4th Amendment reads:…
State of New Jersey versus Dawson Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark See previously posted review of New Jersey Versus Dawson: State versus Dawson – Standard of Review for a Motion to Suppress for the Trial Court The Issue reviewed in this Blog from this case is the use of an anonymous call and…
State of New Jersey versus Dawson – Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark We begin our analysis mindful of the applicable standard of review with respect to factual findings. In reviewing a grant or denial of a motion to suppress, we are bound to uphold factual findings, supported by sufficient credible evidence in…
Submitted by drug crime lawyer, Jeffrey Hark. Originally published here by the New York Times. Dr. Judson Somerville, a pain specialist in Laredo, Tex., received $67,000 in speaking fees, travel and meals in 2013 to promote a powerful and addictive painkiller called Subsys, according to a new federal database of payments that drug companies make…
Legal Developments
That Affect You
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2022 changes to New Jersey statute N.J.S.A. 45:1-15.9.
This memorandum addresses the scope of New Jersey statute N.J.S.A. 45:1-15.9,summarizes the 2022 amendments to that statute, identifies the effective date andapplicability of those amendments, and outlines practical implications forregulated professionals and licensing boards. Background N.J.S.A. 45:1-15.9 is part of New Jersey’s professional and occupational licensinglaws administered under Title 45. The statute governs disciplinary and…