by Fred Sisto | Mar 7, 2021 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The Appellate Division continued in relevant part: Additional distinguishing circumstances further demonstrate the State did not abuse its discretion by treating defendant differently from Olivares and Moses. In Olivares, the firearm was found in the common area of a...
by Fred Sisto | Mar 5, 2021 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
On January 25, 2021, a three-judge appellate panel decided the Middlesex county case of State v. Abner Rodriguez. The principal issue under N.J.S.A. 2C:43-6.2 was whether the State provided an adequate basis for their rejection of the defendant’s Graves Act waiver...
by Fred Sisto | Mar 3, 2021 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The Appellate Division continued in relevant part: Although the TRO here did not expressly prohibit defendant from directing remarks to – or making gestures at – Irene via the Nest camera, the order expressly prohibited defendant from...
by Fred Sisto | Mar 1, 2021 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
On January 19, 2021, a three-judge appellate panel decided the Union county case of State v E.J.H. The principal issue under N.J.S.A. 2C:29-9 was whether a lewd gesture made through a visitation camera constituted criminal contempt. Judge Rose wrote for the Court in...
by Fred Sisto | Feb 27, 2021 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The New Jersey Supreme Court majority concluded with the following in relevant part: Review of those cases reveals that Doe is the most relevant to the circumstances present here, and adherence to Doe’s determination that registration is not punitive should have...