Attempt Crimes And Substantial Steps (Part 5)

by | Jul 27, 2020 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County

Justice Timpone concluded in relevant part: Context is important for finding the verbal acts sufficient enough in this matter. Defendant’s decrees here — 1) instructing his girlfriend to text someone on his behalf to carry out the murder of A.A., 2) directing his cohorts to carry out the murder of A.A., and 3) demanding that his cousin post bail to briefly release him from jail so that he could carry out the murder himself — were designed to prompt actions that could not be undertaken by defendant himself due to his incarceration. Common sense compels the recognition that the fact that defendant’s actions in furtherance of his criminal purpose relied on the use of a conduit, in light of his imprisonment, does not render his substantial steps meaningless. The jury here was entitled to apply its common sense and experience to interpret defendant’s words and actions to determine his intent.

The State presented sufficient evidence for the jury to conclude that defendant took substantial steps to accomplish his plan. Defendant’s actions permitted the jury to draw reasonable inferences and conclude that defendant’s actions throughout his telephone calls, and how accomplished, together provided the necessary “substantial step” to be charged again with attempted murder.

In conclusion, we agree with the trial judge’s determination that based on the rare circumstances in this case, there was sufficient evidence for the jury to have concluded that defendant took substantial steps toward a second attempt on the victim’s life.

We therefore reverse the Appellate Division’s decision and reinstate defendant’s conviction on the second charge of attempted murder.

The unanimous reversal of the Appellate Division’s decision was a rare result, at least in theory. The unanimous Appellate Division decision was per curiam. That means that no particular judge on the appellate panel attached their name to the decision because it was determined to be such a straightforward application of the law to the facts that none of the judges had a basis to author their own distinct opinion. That is the theory behind “per curiam” opinions. In practice, the opinions are increasingly common. This could be more due to the fact particular judges do not like attaching their names to controversial opinions or opinions that might be reversed.

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 Sisto handled my case very well. I was happy with outcome. I wouldn't hesitate to recommend him to any of my friends or family.
David V
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred is a detail minded attorney that works tirelessly to get the job done right. If you need help Fred knows how to take care of your issues. Fred has years of experience and will work hard for justice for his clients. Fred is easy to talk to and has great communication skills!
Gibson H
Google star 1Google star 2Google star 3Google star 4Google star 5
For the people. For the little guy My legal bully
Glennlykesmusic
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred always publishes where local DWI Checkpoints are going to be! He is also a very prominent Attorney in the Ocean County areas of Point Pleasent and Now a new Brick office!
Michael K
Google star 1Google star 2Google star 3Google star 4Google star 5
The DUI checkpoint alerts have been exceptional. Much needed work to bring attention to the unconstitutional searches.
Daniel K
Google star 1Google star 2Google star 3Google star 4Google star 5
Very knowledgeable with expungement!!! Thanks again!!!
Nicole B
Google star 1Google star 2Google star 3Google star 4Google star 5
Like clockwork thank you for all the info
Lee M
Google star 1Google star 2Google star 3Google star 4Google star 5
I am writing to share my experience working with Fred From the very beginning, he provided outstanding service and demonstrated a high level of professionalism. He was attentive to my needs, communicated clearly, and always made sure I understood each step of the process. What impressed me most was his efficiency—he handled my case quickly without compromising on quality. His dedication and expertise gave me confidence and peace of mind throughout the entire process. I highly recommend Fred to anyone seeking reliable and effective legal support. His commitment to his clients and ability to deliver results promptly truly set him apart.
Aida F
Google star 1Google star 2Google star 3Google star 4Google star 5
Frederick is a pleasure to work with,great family guy. Fred pays attention to every detail and is totally accessible.
Tom A
Google star 1Google star 2Google star 3Google star 4Google star 5
Not to long ago I ran into a very serious legal issue for the first time in my life, I'm closing in on 60. Needless to say I was unsure of the process. I was fortunate that a friend recommended Fred. Fred handled my case in a professional and courteous manner yet was very down to earth and straight forward. It took nearly 9 month to resolve and during that time Fred was always available to answer questions, explain the process and most of all alleviate my stress. I feel we got the best possible outcome and I would highly recommend Fred to anyone facing a legal/criminal matter
Manny P