AG Modifications To CJ Reform Policies: Part 18

by | Dec 10, 2017 | Criminal Law, New Jersey

Anti-Drug ProfiteeringThe following section was also added to the Attorney General’s Directive:

5.1.2 Inclusion of Present Domestic Violence Risk Factors and Relevant Circumstances in the Affidavit of Probable Cause and/or Preliminary Law Enforcement Incident Report. In domestic violence cases in which the ODARA is administered (see Section 4.6), the Affidavit of Probable Cause and/or the Preliminary Law Enforcement Incident Report shall include concise statements indicating the presence of all risk factors found to exist throw officer’s investigation. For example, if it was determined that the victim was confined during the assault, the Affidavit of Probable Cause and/or the Preliminary Law Enforcement Incident Report shall indicate that the victim was confined. Moreover, in all domestic violence cases (whether the ODARA is scored or note, the Affidavit of Probable Cause and/or the Preliminary Law Enforcement Incident Report shall include circumstances relevant to the risks posed to a victim. See subsection 4.6.10.

This section should define what is meant by “confined”, since the presence of this factor could determine whether an accused is released on a summons or held in the county jail for two days or more while the conditions of pretrial release are set. It could mean held by the arm momentarily with no resulting injury. It could mean chained to a wall for hours or days.

The following section addressing the ODARA was also added to the AG’s Directive:

7.4.2.c Ontario Domestic Assault Risk Assessment Score of 5 or Higher. In domestic violence cases that require the completion of the ODARA and in cases not otherwise covered under Section 7.3, unless the presumption of seeking pretrial detention is overcome pursuant to subsection 7.4.6, the prosecutor shall apply for pretrial detention if the defendant’s final score (i.e., after any proration) is 5 or higher—regardless of the PSA scores. In these domestic violence cases, the ODARA scores are to be considered in conjunction with the PSA scores and not in lieu thereof. As such, either assessment tool or both assessment tools could trigger a presumption to apply for pretrial detention. Likewise, it is anticipated that there will be cases in which neither tool will trigger a presumption.

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
Highly professional The lawyer Frederick is a serious and professional person, he helped me a lot in my case, I recommend him a lot to help you too, he is always in contact with you explaining the process, a very patient and kind person.
Ca
Google star 1Google star 2Google star 3Google star 4Google star 5
Mr. Sisto and his entire staff were courteous, professional and got our case handled quickly and to the best outcome. Great lawyer. Highly recommend.
Bryan B
Google star 1Google star 2Google star 3Google star 4Google star 5
Mr. Fred Sisto is really an amazing attorney! Professional, knowledgeable, and effective. He made me feel comfortable in knowing he was working countless hours on my case to get me the best possible outcome. Mr. Sisto was very responsive and kept me updated with all court proceedings/updates. I am thankful to have had him represent me. I will be recommending Mr. Sisto & his firm to anyone in need. Thanks again ! Much Appreciated
Javier B
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred Sisto is very responsive, courteous, and he really knows what he's doing. I highly recommend Fred.
Kenneth L
Google star 1Google star 2Google star 3Google star 4Google star 5
Great that Fred posts DUI for Monmouth County!
David F
Google star 1Google star 2Google star 3Google star 4Google star 5
Mr. Sisto provides outstanding support and guidance, he is absolutely very quick to respond to your initial inquiry and stands by you throughout your legal circumstances. I highly recommend Mr. Sisto to assist you in your time of need! You will truly be thankful you used his expertise and services!
Ej W
Google star 1Google star 2Google star 3Google star 4Google star 5
Very good
Nazario B
Google star 1Google star 2Google star 3Google star 4Google star 5
Spot on, 100%
Earl M
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred was great and very reasonable. He was extremely easy to get ahold of or very quick to return my calls. I was able to get my charge dropped altogether. I highly recommend Fred!
Jasmine C
Google star 1Google star 2Google star 3Google star 4Google star 5
Great lawyer. Got the best results for me. Very responsive!
Kathleen S