State’s Drug Court Appeals: Part 4

by Fred Sisto | Jan 9, 2018 | Blog, Criminal Law, Drug Crime

The aforementioned nine factors are:

(1) the person has undergone a professional diagnostic assessment to determine whether and to what extent the person is drug or alcohol dependent and would benefit from treatment; and

(2) the person is a drug or alcohol dependent person within the meaning of 2C:35-2 and was drug or alcohol dependent at the time of the commission of the present offense; and

(3) the present offense was committed while the person was under the influence of a controlled dangerous substance, controlled substance analog, or alcohol, or was committed to acquire property or monies to support the person’s drug or alcohol dependency; and

(4) substance use disorders treatment and monitoring will serve to benefit the person by addressing the person’s drug or alcohol dependency and will thereby reduce the likelihood that the person will thereafter commit another offense; and

(5) the person did not possess a firearm at the time of the present offense and did not possess a firearm at the time of any pending criminal charge; and

(6) the person has not been previously convicted on two or more separate occasions of crimes of the first or second degree, other than those listed in paragraph (7); or the person has not been previously convicted on two or more separate occasions, where one of the offenses is a crime of the third degree, other than crimes defined in 2C:35-10, and one of the offenses is a crime of the first or second degree; and

(7) the person has not been previously convicted or adjudicated delinquent for, and does not have a pending charge of murder, aggravated manslaughter, manslaughter, kidnapping, aggravated assault, aggravated sexual assault or sexual assault, or a similar crime under the laws of any other state or the United States; and

(8) a suitable treatment facility licensed and approved by the Division of Mental Health and Addiction Services in the Department of Human Services is able and has agreed to provide appropriate treatment services in accordance with the requirements of this section; and

(9) no danger to the community will result from the person being placed on special probation pursuant to this section.

Note that factor 5 is poorly-worded. The reasonable interpretation is that those who possess firearms in furtherance of their pending criminal offenses are barred from drug court. Barring drug court participation due to the lawful possession of a firearm would almost certainly violate the Second Amendment.

      Excellent rating  
 Based on 288 reviews 
    
  
 
 
      Fred was excellent and helped my son deal with a issue in PPB, despite being a long distance away.  He is very thorough and knows how to navigate the ins and outs of the local legal waters.
     Bruces 
 
 
 
 
    always feel better knowing I don't need to be stopped when I haven't done anything wrong  it's a great service and gives me peace of mint
     Liesel T 
 
 
 
 
    Called back within 10 minutes,very easy to talk to. Not judgmental at all. I am hopeful about the outcome.
     Colleen H 
 
 
 
 
    Fantastic lawyer, I had two charges that were thankfully dropped thanks to Fred. If you're looking for a great lawyer, Fred Sisto is the guy to call. 5 stars. Thank you Fred Sisto.
     Dan M 
 
 
 
 
    I called Mr. Sisto a few weeks back and he returned the call immediately!  I asked a few questions and he clearly explained the options for one of my employees.  He then followed up with a detailed proposal.  He was completely knowledgeable, helpful and insightful.  If I ever had to use him I would feel VERY comfortable with his representation.
     Dave P 
 
 
 
 
    Fred sisto was an absolute life saver in my case I would recommend him to anyone in the future if needed.
     Nelson C 
 
 
 
 
    Great that Fred posts DUI for Monmouth County!
     David F 
 
 
 
 
    I recently  retained Mr. Fred Sisto to represent my son regarding a very serious legal matter. If not handled correctly these charges could have resulted in bad consequences for my son's future prospects. Mr. Sisto's knowledge of the  criminal justice  system is evident since he was able to get all charges dropped as well as getting them expunged from his record.  If you need a criminal justice attorney who will respond quickly to all your questions and concern,as well as achieve a satisfactory solution to your case I strongly recommend Attorney Fred Sisto.
     Joseph M 
 
 
 
 
    That’s my lawyer he’s the greatest
     Donald J 
 
 
 
 
    Fred was incredibly helpful during a very stressful time. Even during a pandemic he was fast at responding to any and all questions or problems that I had. He went above and beyond to make sure that I was happy with my results and that my case was being handled properly all the way through. Highly recommend this office!
     Toni V