by Fred Sisto | Mar 11, 2021 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The Appellate Division concluded with the following: It is evident the prosecutor’s chief concern was the need for deterrence based on the nature and seriousness of the offense conduct. N.J.S.A. 2C:44-1(a)(9) (“the need for deterring the defendant and...
by Fred Sisto | Mar 9, 2021 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
Judge Susswein continued in relevant part: We recognize in the case before us, defendant is alleged to have been involved in the distribution of drugs on more than one occasion, as the prosecutor duly noted with respect to the multiple controlled buys giving rise to...
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...