State’s Drug Court Appeals: Part 6

by | Jan 13, 2018 | Blog, Criminal Law, Drug Crime

The 1999 amendment to N.J.S.A. 2C:35-14 undermines the State’s position that N.J.S.A. 2C:44-1(f)(2) permits the State to appeal a special probation Drug Court sentence. If N.J.S.A. 2C:44-1(f)(2) already authorized the State to appeal special probation Drug Court sentences for defendants otherwise subject to the presumption of incarceration, it was wholly unnecessary to amend N.J.S.A. 2C:35-14 to authorize a State’s appeal of special probation sentences for convictions otherwise subject to the presumption of imprisonment.

We presume the Legislature was familiar with the parameters of its grant of authority to the State to appeal sentences under N.J.S.A. 2C:44-1(f)(2). Indeed, the 1999 amendment makes express reference to the N.J.S.A. 2C:44-1(d)presumption of incarceration.

This is a presumption that courts routinely cite to regarding statutory interpretation. The Legislature’s lack of precise statutory language calls this presumption into question. A case in point is the wording regarding firearms in drug court admission factor (5).

We also cannot read the 1999 amendment in a manner rendering meaningless its grant of authority to the State to appeal special probation sentences for defendants otherwise subject to the presumption of incarceration. The 1999 amendment to N.J.S.A. 2C:35-14 was not meaningless. The amendment included a grant of authority for the State to appeal special probation Drug Court sentences that did not, and does not, exist under N.J.S.A. 2C:44-1(f)(2).

Nevertheless, N.J.S.A. 2C:35-14 does not authorize the State’s appeal of special probation Drug Court sentences. In 2012, the Legislature repealed N.J.S.A. 2C:35-14(c) and removed from the statute any grant of authority to the State to appeal a Drug Court sentence. Following the 2012 amendment, N.J.S.A. 2C:35-14 no longer authorizes under any circumstances the State to appeal a special probation Drug Court sentence.

This is very powerful language to use in pursuing a drug court rejection appeal. It comes from published authority. It will be interesting to see if the state appeals the issues to the New Jersey Supreme Court. Alternatively, they will likely fall back on an “illegal sentence” argument in future cases.

We interpret the repeal of N.J.S.A. 2C:35-14 as an unequivocal expression of the Legislature’s intent to deprive the State of statutory authority to appeal special probation Drug Court sentences. In the absence of any express statutory authority under allowing the State’s appeal, or a showing defendant’s sentence is illegal, we are convinced we have no jurisdiction to consider the State’s challenge to defendant’s special probation Drug Court sentence.

 

Excellent rating
Based on 288 reviews
Google star 1Google star 2Google star 3Google star 4Google star 5
Google star 1Google star 2Google star 3Google star 4Google star 5
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
Google star 1Google star 2Google star 3Google star 4Google star 5
Muy buen abogado lo rrecomiendo!!
Victor N
Google star 1Google star 2Google star 3Google star 4Google star 5
Iv had good lawyers defend me before but Mr.Sisto is beyond the best iv had. He explains everything every step of the way until your court date and excels on getting results , I defenatly recomend his services.
Imer J
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred was extremely helpful and knowledgable. He made the whole process as painless and easy as possible.
Toli C
Google star 1Google star 2Google star 3Google star 4Google star 5
Today my life was about to change! With great communication and excellent service he was able to create the impossible!! I am now able to continue to drive for a living!! I highly recommend his services and trust his judgment-HE KNOWS HIS STUFF!!! He saved my life and livelihood today! Mr.Frank Sisto is an absolutely amazing attorney! Thank you again I’ll never forget this day! God Bless
Edward J
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred is a fantastic attorney who is very informative, knows the system well, and is very thorough.
Bob V
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred Sisto's attention to detail, his representation and unwavering advocacy for me made all the difference in my case.
Jill F
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred is an excellent attorney. Even though we did not initiate the official pleading process, he deep dived into researching and sorted out my questions without any consultation fee. I highly recommend him!
Qianru Z
Google star 1Google star 2Google star 3Google star 4Google star 5
I have sought out Mr. Sisto for two traffic related cases. His hard work and dedication to getting results for me was very evident from the get go. He was very informative throughout the entire process of working on my cases and during the court sessions as well. Very professional and very friendly. If anyone in the area is looking for a very good and quality representation, Mr. Sisto is a go to.
Brett S
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred Sisto is a professional, knowledgeable, and exceptional attorney. He is very responsive and maintains continuous contact with his clients via phone and email. Fred made sure that we understood the charges and was able to work on getting us the best outcome possible. He even went above and beyond in the court room by assisting with translation from English to Spanish. I highly recommend him to anyone who is in need of legal services and representation. In the future if needed I would definitely use him again as an attorney.
Sara A