Do Police Have to Knock Before Entering My House?

April 21, 2017

14-2-3069 State v. G.A. , N.J. Super. App. Div. (per curiam) (10 pp.) Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent case decided by New Jersey’s Appellate Division, a defendant was indicted for third-degree possession of cocaine, N.J.S.A. 2C:35-10(a)(1); third-degree possession of cocaine with intent to distribute, N.J.S.A. 2C:35-5(a)(1) and 2C:35-5(b)(3); second-degree unlawful possession…

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…

Expert Testimony of Police for Drug Cases

May 4, 2016

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Expert Testimony on Drug Possession versus Possession with Distribution In this case, State of New Jersey vs Jamison, the County Prosecutor identified one of their own investigator’s to be an ‘expert’ to testify what amount of drug possession equals possession with distribution, as opposed to just ‘possession’.  This can have a…

New Jersey Drug Charges and Improper Expert Witness Testimony

October 19, 2013

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…