Municipal court prosecutor discretion to prosecute Marijuana possession cases

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…

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Mandatory Drug Court and Significant Threat to The Community Ruling

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…

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New Jersey adopts Federal Test for Double Jeopardy

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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State vs Miles – Fundamental Fairness Doctrine and Indictable Offense

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…

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Probable Cause Will Probably Withstand a Motion to Suppress

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:…

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