Posts Tagged ‘new jersey drug crime’
Municipal 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 MoreMandatory Drug Court and Significant Threat to The Community Ruling
I applied for mandatory drug court in New Jersey and the prosecutor objected to my participation ruling that I was a “significant threat to the community”. I do not want to go to jail, have a drug problem and want to participate in drug court. How can I get into the program? Submitted by New…
Read MoreI have been charged with a drug possession offense. Do I want to enroll in drug court?
Am I entitled to drug court? What are the benefits of drug court? Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. New Jersey drug court statute is identified at NJSA 2C:35-14 and is a rehabilitation program for drug and alcohol dependent persons subject to a presumption of incarceration or a mandatory NJSA minimum period of…
Read MoreNew Jersey adopts Federal Test for Double Jeopardy
Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark New Jersey’s Supreme Court has recently adopted the same test used at the federal level for protection against double jeopardy. In the case, the defendant was arrested for selling marijuana to an undercover police officer. The defendant was charged with possession of marijuana with intent to…
Read MoreState vs. Hector Feliciano NJ Supreme Court Decision – Continued use of a Roving Wiretap!
Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark The key in this ROVING WIRE TAP CASE IS AS FOLLOWS: State vs Hector Feliciano The court found the New Jersey legislature, when it did not adopt the eased ‘proximity’ language from the federal counterpart, this state maintained the original, stricter standard that requires the State…
Read MoreKey Issues Involving the Interaction Between the Police and Individuals in Their ‘Residences’ | State vs. Webb
State vs. Webb Appellate Division February 12, 2016 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Issue 1—– In New Jersey, absent probable cause and exigent circumstances the police still need a search warrant to enter a structure which the defendant may have actual or constructive possession thereof. THIS IS AN INVOLVED AND LONG…
Read MoreState vs Miles – Fundamental Fairness Doctrine and Indictable Offense
New Jersey Criminal Law Case, submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark 14-2-8664 State v. Miles, (Manahan, J.A.D.) (24 pp.). The defendant was arrested during an undercover drug operation. Defendant was charged on a warrant with possession of a CDS (controlled dangerous substance) with intent to distribute on or near school property. Defendant was…
Read MoreProbable Cause Will Probably Withstand a Motion to Suppress
Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark State v. Malkin, decided November 24, 2014 by the Appellate Davison does not concern an ordinary narcotics transaction. But it does examine classic 4th Amendment search and seizure issues of law that are important for the readers of this blog to understand. The 4th Amendment reads:…
Read MoreInformant vs. Lawfully Located Police Officer in a Common Area of an Apartment Complex
State of New Jersey versus Dawson Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark See previously posted review of New Jersey Versus Dawson: State versus Dawson – Standard of Review for a Motion to Suppress for the Trial Court The Issue reviewed in this Blog from this case is the use of an anonymous call and…
Read MoreState versus Dawson – Standard of Review for a Motion to Suppress for the Trial Court
State of New Jersey versus Dawson – Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark We begin our analysis mindful of the applicable standard of review with respect to factual findings. In reviewing a grant or denial of a motion to suppress, we are bound to uphold factual findings, supported by sufficient credible evidence in…
Read More