Drug Crimes
Defense 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 MoreNJ stops training police dogs to sniff out marijuana
TRENTON — New Jersey has halted training state police dogs to sniff out pot. Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. Attorney General Gurbir Grewal told lawmakers Wednesday that a pending proposal to legalize recreational marijuana led police to stop training them to detect the odor of burnt cannabis. He says dogs already…
Read MoreDrug Recognition experts and NJ’s legal weed law DWI
Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. At the Senate hearing Monday night, Sen. Bob Smith (D-Middlesex) expressed concern that the cost for such training and employment of extra officers would fall on municipalities. The bill would reimburse local costs to train Drug Recognition Experts (DREs) to work in communities and would also…
Read MoreExpungement process for Marijuana Convictions and pending charges under the proposed new law
Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. The new legislation along with an accompanying bill seeks to remedy that by: Dismissing all pending marijuana charges and convictions for amounts up to five pounds; Returning the right to vote to those who are on parole or probation as the result of a conviction for…
Read MoreMarijuana bills advance amid opponents’ doomsday rhetoric
Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. TRENTON — After six hours of delays and hand-wringing, committees in both houses of the state Legislature on Monday advanced bills to legalize recreational cannabis and clear the records of those with marijuana-related convictions, setting up possible floor votes for next week. Legislative staff were still…
Read MoreThe Effect of Cannabis on the New Jersey Workplace
The ever-changing landscape of cannabis law at the state level requires employers to be cognizant of their policies and practices to ensure up-to-date compliance. By Randi W. Kochman, Marissa A. Mastroianni and Arnold P. Picinich Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark While the recent expansion of cannabis laws will certainly affect society as…
Read MoreMurphy, Sweeney, Coughlin reach deal on marijuana legalization
Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. Gov. Phil Murphy and legislative leaders have reached a broad agreement on a bill to legalize recreational marijuana in New Jersey, according to four sources familiar with the negotiations. “The consensus on the broad strokes is relatively fresh, so the details are still being worked out,”…
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 MoreBill would allow legalized marijuana, but only if voters give their blessing
Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. A bipartisan bill introduced this week would allow for possession of small amounts of marijuana — but only if voters approve a referendum on legalization. Assemblywoman Holly Schepisi (R-Bergen) proposed the bill, NJ A5138, which would ask voters whether they want to legalize recreational marijuana and…
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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