Posts Tagged ‘New Jersey Drug Crimes’
Evidentiary 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 MoreIs an Exchange of Money in A High Crime Area Enough for Probable Cause, Leading to Arrest and A Search and Seizure of Heroin?
State v. Rivas Appellate Docket No.: A-5409-17T1 Decided December 2, 2020 Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark In an unpublished opinion, the Appellate Division of New Jersey whether a hand to hand exchange of money in a high crime area was enough for probable cause leading to arrest and a search and seizure…
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 MorePre-Trial Detention Appeals for Drug Related Offenses: State v. P.J.C.
State v. P.J.C.: Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. After conducting a motor vehicle stop, a police officer smelled marijuana, and pursuant to the motor vehicle exception to the fourth amendment of the U.S. Constitution’s prohibition against illegal searches and seizures, searched the occupants. The passenger and driver said they had purchased…
Read MoreAdequate probable cause found by trial court when police officer directly observed the drug transaction.
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.…
Read MoreState v. Johnson — Appeal New Jersey Appellate Division August 9, 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…
Read MoreUnlawful Possession of Drugs in a Motor Vehicle
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…
Read MoreDefense Counsel’s disqualification by the court causes conviction to be overturned.
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…
Read MoreTimbs v. Indiana – Eighth Amendment’s Ban on Excessive Fines
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…
Read MoreDCPP 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.
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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