Jersey City becomes first in state to decriminalize marijuana

December 10, 2018

Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. Jake Hudnut is the new municipal prosecutor in Jersey City. He and the man who appointed him, Mayor Steve Fulop, have decided to get out in front of the marijuana debate. Effective Thursday, they are decriminalizing it, allowing possession of small amounts and discreet use. “We…

In one New Jersey county, courtrooms will become a new front in the opioid battle

October 22, 2018

Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. A suburban courtroom may seem an unlikely venue for a lifesaving decision. But Angel Nelke’s recovery from opioid abuse began when she appeared before a Gloucester Township judge three years ago on a shoplifting charge. She was told a drug and alcohol counselor was available to…

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…

Medical marijuana user’s boss can drug test him, court says

August 17, 2018

Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark A New Jersey business does not have to waive its requirement for mandatory drug testing for a worker who uses medical marijuana, a federal court has ruled. Daniel Cotto Jr. of Bridgeton had sued Ardagh Glass citing the New Jersey Law Against Discrimination after the company wouldn’t…

State of New Jersey v. Robert L. Gillard

July 21, 2018

Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. On January 19, 2015, at about noon, Long Branch Detective Joseph Spitale went to Chelsea Avenue and the railroad tracks on a report that “they were selling heroin.”During the investigation, Spitale was a passenger in an undercover police car accompanied by three other officers. Spitale saw…

State of New Jersey v Mark A McDonald

June 18, 2018

Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. On May 30, 2013 three officers from Edison Township were conducting a drug distribution investigation. The officers received a tip from a confidential informant (CI) about the defendant selling drugs from his hotel room. The police conducted surveillance of the scene and confirmed te CI’s description…

Mandatory Drug Court and Significant Threat to The Community Ruling

May 1, 2018

I applied for mandatory drug court in New Jersey and the prosecutor objected to my participation ruling that I was a “significant threat to the community”. I do not want to go to jail, have a drug problem and want to participate in drug court. How can I get into the program? Submitted by New…

I have been charged with a drug possession offense. Do I want to enroll in drug court?

February 9, 2018

Am I entitled to drug court? What are the benefits of drug court? Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. New Jersey drug court statute is identified at NJSA 2C:35-14 and is a rehabilitation program for drug and alcohol dependent persons subject to a presumption of incarceration or a mandatory NJSA minimum period of…

Can Police Always Ask to Search My Vehicle?

May 23, 2017

Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark New Jersey’s Appellate Division recently decided a case regarding whether the Police Always Ask to Search My Vehicle.  The defendant was driving just before midnight when two officers in an unmarked vehicle observed the defendant switch lanes without signaling and he also had a faulty brake…

New Jersey adopts Federal Test for Double Jeopardy

May 18, 2017

Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark New Jersey’s Supreme Court has recently adopted the same test used at the federal level for protection against double jeopardy.  In the case, the defendant was arrested for selling marijuana to an undercover police officer.  The defendant was charged with possession of marijuana with intent to…

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