Nj Senate Proposed Marijuana Legislation 21_I1(1)

November 10, 2020 |

Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark

In Some Cases, Evidence of an Anonymous Tip, Alone, Is Sufficient to Justify an Investigatory Stop, or a Terry Stop

November 10, 2020 |

State v. Kelly Appellate Docket No.: A-2614-18T1 Decided November 9, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In an unpublished opinion, the Appellate Division of New Jersey upheld a denial of a motion to suppress when an anonymous tip claiming two individuals with a handgun in a car in a high crime area was…

Interim Guidance on Constitutional Amendment Legalizing Cannabis

November 6, 2020 |

Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark

‘It Won’t Happen Overnight’: What’s Next for Cannabis in NJ

November 6, 2020 |

Sen. Nicholas Scutari said he hopes that by spring 2021, “the medical facilities will be able to start selling to the general public. I don’t see why they can’t.” By Suzette Parmley | November 05, 2020 at 10:18 AM Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. The ballot initiative to legalize adult-use cannabis in New Jersey passed easily…

Cop Pulled Over Defendant Because He Was Black, No Reasonable Suspicion

November 6, 2020 |

State v. Nyema Appellate Docket No.: A-0891-18T4 Decided November 5, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In a published opinion, the Appellate Division of New Jersey overturned a denial of a motion to suppress when an officer investigating a robbery pulled over the defendant because three black males were in the car headed…

The Officer Must Be Lawfully Present for the Plain View Exception to a Warrant Requirement:

November 3, 2020 |

State v. Williams Appellate Docket No.: A-40 Decided November 2, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In a recent New Jersey Supreme Court decision,  the Court, without issuing a written opinion, affirmed a published Appellate Court decision overturning a denial of a motion to suppress when an officer saw weed in a boarding…

Cofield Test: Four-Part Test for Extrinsic Evidence Being Introduced

October 31, 2020 |

State v. Palao Appellate Docket No.: A-4422-16T4 Decided October 27, 2020 Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark. In a recent unpublished opinion, the New Jersey Appellate Division reviewed whether the trial court appropriately allowed defendant’s prior bad acts to be admitted in a case of sexual abuse against minors. In State v. Palao,…

Joinder of Trials Should Not Override a Defendant’s Right to a Fair Trial

October 31, 2020 |

State v. Palao Appellate Docket No.: A-4422-16T4 Decided October 27, 2020 Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark. In a recent unpublished opinion, the New Jersey Appellate Division reviewed whether the trial court appropriately denied defendant’s request to sever separate counts of an indictment for a defendant that was accused of molesting three…

Refusing to Provide a Sample for a Breathalyzer will Result in a Conviction if the Defendant Cannot Show Circumstances of the Refusal

October 27, 2020 |

State v. Harris Appellate Docket No.: A-5499-18T1 Decided October 26, 2020 Submitted by New Jersey DWI Lawyer, Jeffrey Hark. In an unpublished opinion, the Appellate Division of New Jersey reviewed a Law Division appeal of a conviction of a refusal to take a DUI breathalyzer because defendant had a brain tumor. In State v. Harris,…

Expert Reports Must Be Based on Facts Contained in the Record and Must Fall Within the Scope of The Expert’s Criteria

October 22, 2020 |

Salasevicius v. Cariddi Docket No.: A-4961-18T4 Decided October 21, 2020 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. In a recent unpublished decision, the Appellate Division reviewed a trial court’s dismissal of plaintiff’s personal injury complaint where he fell off a ladder working on defendant’s home, as he had failed to prove what caused the…