Drug Crimes
DCPP 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…
Read MoreJersey City becomes first in state to decriminalize marijuana
Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. Jake Hudnut is the new municipal prosecutor in Jersey City. He and the man who appointed him, Mayor Steve Fulop, have decided to get out in front of the marijuana debate. Effective Thursday, they are decriminalizing it, allowing possession of small amounts and discreet use. “We…
Read MoreIn one New Jersey county, courtrooms will become a new front in the opioid battle
Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. A suburban courtroom may seem an unlikely venue for a lifesaving decision. But Angel Nelke’s recovery from opioid abuse began when she appeared before a Gloucester Township judge three years ago on a shoplifting charge. She was told a drug and alcohol counselor was available to…
Read MoreWhy the delay on legal weed? Murphy and Sweeney point fingers on final support
Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. It’s mid-October, and one of the priorities since January for Gov. Phil Murphy and state Senate President Stephen Sweeney — passing a law legalizing marijuana use for people 21 and older in New Jersey — is still the subject of painstaking private negotiations. This week, Sweeney, D-Gloucester, and…
Read MoreN.J.’s new medical marijuana dispensaries have been delayed as program keeps growing
Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. With demand for medical marijuana surging in New Jersey, Gov. Phil Murphy in July called for a doubling of the state’s program, from six dispensaries to as many as 12. The state Department of Health received 146 applications for those six additional medical marijuana providers. But under…
Read MoreMunicipal court prosecutor discretion to prosecute Marijuana possession cases
Submitted by New Jersey Drug Lawyer, Jeffrey Hark. On August 29, 2018 the New Jersey state AG’s office issued guidelines for municipal court prosecutors to follow with regards to prosecuting/negotiating and or dismissing marijuana cases in the municipal court. I have attached a copy of those guidelines here with this blog however I summarize the…
Read MoreMedical marijuana user’s boss can drug test him, court says
Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark A New Jersey business does not have to waive its requirement for mandatory drug testing for a worker who uses medical marijuana, a federal court has ruled. Daniel Cotto Jr. of Bridgeton had sued Ardagh Glass citing the New Jersey Law Against Discrimination after the company wouldn’t…
Read MoreState of New Jersey v. Robert L. Gillard
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…
Read MoreState v. Evans – “Plain Feel” Doctrine
State v. Evans Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. On January 4, 2012, Officer Felipe Laboy of the Vineland Police Department started his evening shift with creating a list of outstanding warrants in the area. One of the suspects on the warrant list was defendant Robert L. Evans. The defendant was on the…
Read MoreState of New Jersey v Mark A McDonald
Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. On May 30, 2013 three officers from Edison Township were conducting a drug distribution investigation. The officers received a tip from a confidential informant (CI) about the defendant selling drugs from his hotel room. The police conducted surveillance of the scene and confirmed te CI’s description…
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