Adequate probable cause found by trial court when police officer directly observed the drug transaction.

September 20, 2019

Adequate probable cause found by trial court and affirmed on appeal when police officer directly observed the defendant involved in a drug transaction. STATE OF NEW JERSEY, v. DARRELL M. HALL, SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION Decided September 18, 2019 Mercer County, Indictment No. 15-04-0554. Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark.…

State v. Richardson: Possession of Heroin

September 1, 2019

State v. Richardson.  SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION  Decided August 30, 2019 Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. I Procedural History : Defendant William Richardson was indicted by an Ocean County grand jury and charged with third degree possession of heroin, N.J.S.A. 2C:35- 10(a)(1), third degree conspiracy to possess heroin, N.J.S.A.…

State v. Johnson — Appeal New Jersey Appellate Division August 9, 2019

August 10, 2019

Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. State v. Johnson Facts: As of that time, he had been on the police force for over five years, initially as a patrolman and thereafter as a detective in the Narcotics/Gang Unit. Officer Stinsman had been specifically trained at the police academy to recognize hand-to-hand narcotics…

Unlawful Possession of Drugs in a Motor Vehicle

July 4, 2019

State of NJ vs Haas (Not Approved for Publication by the New Jersey Appellate Division July 2, 2019) Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. How can the police prove I have certain drugs and can they charge me with unlawful possession or NJSA 39:4-49.1 (Drugs in a Motor Vehicle)? New Jersey’s Net…

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…

Defense Counsel’s disqualification by the court causes conviction to be overturned.

May 12, 2019

State v. Jackson,  N.J. Super. App. Div. May 9, 2019 (Not Appoved for Publication) Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark Defendant appealed from his conviction on drug and weapons charges. Police had attempted to conduct a traffic stop of a vehicle operated by defendant for failure to wear seatbelts. Defendant led officers on…

NJ stops training police dogs to sniff out marijuana

April 5, 2019

TRENTON — New Jersey has halted training state police dogs to sniff out pot. Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. Attorney General Gurbir Grewal told lawmakers Wednesday that a pending proposal to legalize recreational marijuana led police to stop training them to detect the odor of burnt cannabis. He says dogs already…

Timbs v. Indiana – Eighth Amendment’s Ban on Excessive Fines

March 9, 2019

Timbs v. Indiana Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. The Supreme Court in February 20,2019  ruled that the Eighth Amendment’s ban on excessive fines applies to the states’ efforts to seize forfeited Vehicles seized by local police from defendants allegedly charged with drug offenses.The decision is a victory for an Indiana man whose…

Bill would allow legalized marijuana, but only if voters give their blessing

March 1, 2019

Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. A bipartisan bill introduced this week would allow for possession of small amounts of marijuana — but only if voters approve a referendum on legalization. Assemblywoman Holly Schepisi (R-Bergen) proposed the bill, NJ A5138, which would ask voters whether they want to legalize recreational marijuana and…

DCPP v. V.F. NJ Appellate Division Approved for Publication January 22, 2019. Appellate court rejects trial judge’s use of HGN DWI test used in State’s Case Abuse and Neglect to prove intoxicated parent to remove children from home.

January 23, 2019

DCPP v. V.F. NJ Appellate Division Approved for Publication January 22, 2019. Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark This appellate panel rejects the HGN, the horizontal gaze nystagmus DWI test, offered by the state to prove a parent was under the influence in an Abuse and Neglect case. The court rejected the HGN offered…

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