If You Are Incarcerated on Pretrial Conditions, It Is Always Important to Be Mindful of a Change in Circumstances That Could Warrant Release

State v. Paul Docket No.: A-0599-20T6 Decided November 24, 2020 Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark In a recent published decision, the Appellate Division reviewed the requirements to modify pretrial conditions based on a change in circumstances. In State v. Paul, Defendant was charged in a February 26, 2019 complaint warrant with first-degree…

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Probable Cause: Smell of Marijuana | What happens in New Jersey the smell of weed is no longer considered Probable Cause?

STATE OF NEW JERSEY v. PAUL K. EUSTACHE,   Decided November 10, 2020 Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark Issue in case- Search without warrant The Rahway police department received an anonymous call that a white SUV had pulled into an apartment complex and described: “the driver was a black man with [dreadlocks], and…

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NEW JERSEY VOTES TO LEGALIZE MARIJUANA – BUT IT’S NOT LEGAL YET!

SENATE INTRODUCES PROPOSED BILL Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark On November 5, 2020, the 219th Legislature introduced Senate, No. 21, sponsored by Senators Nicholas P. Scutari and Stephen M. Sweeney, detailing a regulation structure for marijuana legalization.  Most of the provisions of the proposed bill relate to establishing the oversight committees and…

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

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…

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

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Docket No.: A-4894-17T4 Decided October 5, 2020 Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark In an unpublished opinion, the Appellate Division of New Jersey required a new trial when a trial court failed to provide out of court identification jury charges and only gave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

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State v. Hreha and Motions to Suppress

State v. Hreha Appellate Docket No.: A-2744-19T3 Decided July 21, 2020 Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark In a recent unpublished decision, the Appellate Division overturned a trial court’s suppression of evidence recovered from an overdose victim’s cellphone which included text message from defendant implicating him in a drug deal that led…

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Pre-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…

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