There Are Specific Evidentiary Rules as It Relates to Officer’s Testimony, Either at Trial or In Grand Jury Proceedings

State of New Jersey v. Terrell Tucker   DOCKET NO. A-0937-21 Decided August 3, 2022 Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. In a recent published decision the Appellate Division of New Jersey reversed the judge’s decision denying defendant’s motion to dismiss the indictment following officer’s testimony of defendant’s state of mind in the…

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State v. Barnes

Appellate Docket No.: A-0659-18T4 Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. In an unpublished opinion, the Appellate Division of New Jersey heard argument on the issue of an improper jury charge. In State v. Barnes, the Defendant was indicted for third-degree possession of heroin, N.J.S.A.2C:35-10(a)(1); second-degree possession of heroin, with the intent to…

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Expert Testimony of Police for Drug Cases

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Expert Testimony on Drug Possession versus Possession with Distribution In this case, State of New Jersey vs Jamison, the County Prosecutor identified one of their own investigator’s to be an ‘expert’ to testify what amount of drug possession equals possession with distribution, as opposed to just ‘possession’.  This can have a…

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Probable Cause and the Issuance of Search Warrants | New Jersey vs Malkin

Review of State of New Jersey vs Malkin submitted by drug crime attorney, Jeffrey Hark. TRIAL JUDGE’S GRANTING OF A MOTION TO SUPPRESS A SEARCH WARRANT DUE TO INACCURATE STATEMENTS OF OFFICER IN AFFIDAVIT OVERTURNED BY APPELLATE DIVISION.  COURT RULES AGAIN THAT TOTALITY OF CIRCUMSTANCES OUTLINED IN AFFIDAVIT ARE MEASURING STICK FOR PROBABLE CAUSE FOR…

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