What if the Police Find Drugs in Your Car or Personal Belongings?

Published by New Jersey Drug Crime Lawyer, Jeffrey Hark Do you have a drug problem and are you driving around with drugs in your backpack, bags and or pocketbook?? Have you been involved in a car accident and the police found drugs in your personal belongings?? What is the Law if Police Find Drugs in…

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The Overdose Protection Act in Criminal and Civil Proceedings

Submitted by New Jersey Civil Lawyer, Jeffrey Hark LABOR AND EMPLOYMENT 25-2-8778 Burgess v. Cumberland County Dep’t of Corr., App. Div. (per curiam) (8 pp.) In this appeal, the issue was whether evidence arising out of an arrest, charge and prosecution prohibited by the Overdose Prevention Act (OPA) can be admitted in civil disciplinary proceedings against a…

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Drug Court Special Probation – What You Need to Know

Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. In the recent case of State v. Bishop and State v. Torres defendants appealed much harsher extended terms of periods of state prison sentences when they violated their special conditions of probation which allow them to enter drug court. After violating the terms of the drug…

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Probable Cause Will Probably Withstand a Motion to Suppress

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:…

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Probable Cause and the Issuance of Search Warrants | New Jersey vs Malkin

Review of State of New Jersey vs Malkin submitted by drug crime attorney, Jeffrey Hark. TRIAL JUDGE’S GRANTING OF A MOTION TO SUPPRESS A SEARCH WARRANT DUE TO INACCURATE STATEMENTS OF OFFICER IN AFFIDAVIT OVERTURNED BY APPELLATE DIVISION.  COURT RULES AGAIN THAT TOTALITY OF CIRCUMSTANCES OUTLINED IN AFFIDAVIT ARE MEASURING STICK FOR PROBABLE CAUSE FOR…

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New Jersey Drug Charges and Improper Expert Witness Testimony

14-2-1544 State v. Goldsmith After the defendant was convicted of possession of drugs and possession with intent to distribute he appealed his conviction arguing that the opinion testimony of two police “experts” that the transactions they ‘witnessed’ were drug purchases was clearly capable of producing an unjust result, such that there is a reasonable doubt as to whether the…

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