Is an Exchange of Money in A High Crime Area Enough for Probable Cause, Leading to Arrest and A Search and Seizure of Heroin?

December 3, 2020

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Docket No.: A-5409-17T1 Decided December 2, 2020 Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark In an unpublished opinion, the Appellate Division of New Jersey whether a hand to hand exchange of money in a high crime area was enough for probable cause leading to arrest and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…

How Out of Court and In-Court Identification of Defendant Can Require a New Trial

October 6, 2020

State v. Balloutine Appellate Docket No.: A-4894-17T4 Decided October 5, 2020 Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark In an unpublished opinion, the Appellate Division of New Jersey required a new trial when a trial court failed to provide out of court identification jury charges and only gave the jury in court identification…

State v. Reyes

April 9, 2020

Appellate Docket No.: A-0182-18T2 Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. In an unpublished opinion, the Appellate Division of New Jersey heard argument on the issues of reasonable suspicion and unlawful search and seizure. In State v. Reyes, the Grand Jury indicted defendant for possession of heroin, contrary to N.J.S.A. 2C:35-10(a)(1), and possession…

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 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…