Marijuana expungement bill heads to governor’s desk

June 19, 2019

Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark Hundreds of thousands of New Jerseyans could see their criminal records cleared under a bill awaiting Gov. Phil Murphy’s signature. On Monday, state lawmakers in both the Assembly and the Senate voted in favor of a measure that would make it easier to expunge certain criminal…

Municipal court prosecutor discretion to prosecute Marijuana possession cases

August 30, 2018

Submitted by New Jersey Drug Lawyer, Jeffrey Hark. On August 29, 2018 the New Jersey state AG’s office issued guidelines for municipal court prosecutors to follow with regards to prosecuting/negotiating and or dismissing marijuana cases in the municipal court. I have attached a copy of those guidelines here with this blog however I summarize the…

State vs Miles – Fundamental Fairness Doctrine and Indictable Offense

December 16, 2015

New Jersey Criminal Law Case, submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark 14-2-8664 State v. Miles, (Manahan, J.A.D.) (24 pp.). The defendant was arrested during an undercover drug operation. Defendant was charged on a warrant with possession of a CDS (controlled dangerous substance) with intent to distribute on or near school property. Defendant was…

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:…

Informant vs. Lawfully Located Police Officer in a Common Area of an Apartment Complex

January 19, 2015

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 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…

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…

N.J. Takes Up Bill To Decriminalize Small-Scale Adult Use of Marijuana

March 24, 2014

Michael Booth, New Jersey Law Journal Re-published by New Jersey Drug Crime Lawyer, Jeffrey Hark Legislation introduced in New Jersey Monday would legalize possession, cultivation and sale of small amounts of marijuana—if the bill isn’t snuffed out by the governor’s promised veto. The measure’s sponsor says New Jersey should join Colorado and Washington State in…

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