Drug Court – State of New Jersey Adult Drug Court Program-Participant Incentive and Sanction Charts

December 3, 2020

Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark

Disciplinary Board Proposes “Marijuana Amendment” to Rules of Professional Conduct

May 24, 2016

Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. The Disciplinary Board has published a notice of proposed rulemaking, seeking comments on a possible amendment to Rule 1.2 of the Rules of Professional Conduct, regarding scope of representation. According to the preface, the proposal responds to numerous inquiries received regarding advice to clients regarding the…

Probable Cause Will Probably Withstand a Motion to Suppress

January 20, 2015

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 versus Dawson – Standard of Review for a Motion to Suppress for the Trial Court

January 16, 2015

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…

Drug Company Enlists Doctors Under Scrutiny

December 3, 2014

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…

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

November 26, 2014

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…

Drug Arrest & Conviction Issues: Proper Search and Seizure | State v. Sanchez

December 6, 2013

State vs Sanchez In this appeal the Courts were requested to look at several issues. IN this blog we will discuss the right of the police to enter an accessible, open, unlocked, multi-story apartment building that has public hallways and stairs as well as private locked areas accessible only to the tenants. The court found…