State
v. Cain,
New Jersey Supreme Court (March, 2016)
New
Jersey Supreme Court breaks new ground and essentially overrules State v.
Odom, which was a virtual killer for criminal defendants going to trial for
intent to distribute CDS case.
Under
State v. Odom, prosecutor’s used so-called law enforcement experts to
give opinions before the jury that the method of packaging, purity and
quantity, among other things, of the CDS found, was consistent with possession
with intent to distribute, and not for personal use.
Finally,
our Supreme Court has ruled that such statements by prosecution witnesses
encourages upon the ultimate issue of the guilt of the defendant, is highly
prejudicial and no longer permissible.
New Jersey now follows similar rulings in Florida, Connecticut and New
York.
The
Cain case originated out of Bergen County, in which a Hackensack Police
Detective testified as that the Marijuana recovered at the defendant’s
residence was with the intent to distribute.
The
Court also frowned on the prosecutor’s repeated reference to the fact that the
CDS drugs were seized after a judicial search warrant on the defendant’s
residence. Although the court did not issue its reversal of the defendant’s
conviction on that basis because it reversed on the expert opinion.
If
you are charged with a drug offense your choice of a criminal defense attorney
is very important, and experience in handling these types of cases is very
important.
Before you hire a criminaldefense attorney you must investigate his or her experience in handling the
complex drug case. It could mean the
difference of going to jail or your freedom.
AttorneyVincent J. Sanzone, Jr., Esq., has been practicing criminal law, and his a
criminal trial attorney with 26-years of experience in trying criminal cases
throughout New Jersey Superior Court and Federal District Court of New Jersey.
(908) 354-7006
Bergen County Criminal Defense Attorney
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