AG Modifications to CJ Reform Policies: Part 15

by | Dec 6, 2017 | Criminal Law, New Jersey

Anti-Drug Profiteering4.6.11 (requiring an application for a complaint-warrant when one or more special pretrial release conditions that can be imposed only on a complaint-warrant are necessary to reasonably assure the immediate safety of a domestic violence victim). Moreover, in any application for a complaint-warrant, the presence of any of the foregoing circumstances shall be included in the Affidavit of Probable Cause. See subsection 5.1.2. Situations Where Law Enforcement Must Apply for a Complaint-Warrant and Seek Special Conditions to Protect Domestic Violence Victims. In any case involving domestic violence where the police officer or assistant prosecutor or deputy attorney general consulted in accordance with Section 3.2 or supervisory officer designated pursuant to subsection 3.3.2 has reason to believe, considering the totality of the circumstances, including but not limited to the special factors listed in paragraphs 1 through 9 of subsection 4.6.10, that issuance of a no-contact condition or other restraint, a requirement to surrender weapons, or any other special condition of pretrial release expressly authorized by N.J.S.A. 2C:25-26(a) is necessary to reasonably assure the immediate safety of the victim, the officer or prosecutor shall, notwithstanding any other provision of this Directive other than subsection 4.6.10, apply for a complaint-warrant and seek imposition of the conditions needed to reasonably assure the immediate safety of the victim. Nothing in this subsection shall be construed to preempt or in any way alter the authority of the agency or the victim to apply for a temporary or final restraining order, and the special conditions of pretrial release in the criminal prosecution sought pursuant to this subsection shall be in addition to, not in lieu of, any such civil temporary or final restraining order.

This section reinforces the impression that the modifications to the AG Guidelines were hastily drafted. An “agency” does not have standing to apply for a TRO or FRO. Still, the guidelines reference “the authority of the agency . . . to apply for a temporary or final restraining order.”

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