Posts Tagged ‘New Jersey Drug Crime Lawyer’
Appealing A Denial into the PTI Program Based on Receiving a Prior Marijuana-Related Conditional Discharge Pre-CREAMMA
State of New Jersey v. Kevin Waters Docket No. A-1679-21 Decided February 27, 2023 Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from a trial court order affirming the denial of his application for admission into a pre-trial intervention (PTI) program.…
Read MoreNEW JERSEY SUPREME COURT DRUG RECOGNITION EXPERT (DRE) UPDATE
State v. Michael Olenowski Appellate Docket No.: A-56-18 Decided February 17, 2023 Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. In a recent opinion, the Supreme Court of New Jersey reviewed the special master’s report on Drug Recognition Experts (DRE) used in criminal cases and in doing so, adopted a new standard of admissibility of…
Read MoreMotion To Suppress Involving a Search of Defendant’s Person Resulting in the Recovery of Heroin Folds
State v. Lamont Taylor Appellate Docket No.: A-0583-19 Decided October 11, 2022 Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. In a recent unpublished decision, the Appellate Division of New Jersey affirmed two motions to suppress involving a search of defendant’s person resulting in the recovery of heroin folds. In State v. Taylor, On June…
Read MoreThere Are Specific Evidentiary Rules as It Relates to Officer’s Testimony, Either at Trial or In Grand Jury Proceedings
State of New Jersey v. Terrell Tucker DOCKET NO. A-0937-21 Decided August 3, 2022 Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. In a recent published decision the Appellate Division of New Jersey reversed the judge’s decision denying defendant’s motion to dismiss the indictment following officer’s testimony of defendant’s state of mind in the…
Read MoreThere Are Different Levels of Suspicion Necessary for Officers to Effectuate a Traffic Stop, Investigation, Request a Search Warrant, And Search and Seize Property
State v. Muhammad Appellate Docket No.: A-3017-18 Decided July 15, 2021 Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Division of New Jersey reviewed whether a fifteen second delay was a violation of the knock and announce rule to search warrants before breaching entry. In State v. Muhammad,…
Read MoreThere Are Different Standards for An Officer to Effectuate a Traffic Stop, Investigation, Arrest or Search
State v. Alvarez-Mercedes Appellate Docket No.: A-1201-20 Decided July 13, 2021 Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Division of New Jersey reversed a granting of a motion to suppress of heroin found in a towed vehicle after a confidential informant provided a tip that defendant would…
Read MoreEvidentiary and Discovery Rulings Can Make or Break A Defense to A Criminal Action
State v. Desir Appellate Docket No.: A-43-19 Decided February 9, 2021 Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. In a recent opinion, the Supreme Court of New Jersey reviewed whether a defendant is entitled to discovery stemming from a purchase of narcotics by a confidential informant (CI) even though the defendant was not charged…
Read MoreEvidentiary Rulings Can Make or Break A Defense to a Criminal Action
State v. Kane Appellate Docket No.: A-1996-18T4 Decided January 26, 2021 Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Division of New Jersey reviewed a trial court’s denial of a motion to suppress in which detectives surveilled the defendant based on a confidential informant and prior knowledge…
Read MoreDrug Court – State of New Jersey Adult Drug Court Program-Participant Incentive and Sanction Charts
Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark
Read MoreProbable Cause: Smell of Marijuana | What happens in New Jersey the smell of weed is no longer considered Probable Cause?
STATE OF NEW JERSEY v. PAUL K. EUSTACHE, Decided November 10, 2020 Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark Issue in case- Search without warrant The Rahway police department received an anonymous call that a white SUV had pulled into an apartment complex and described: “the driver was a black man with [dreadlocks], and…
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