by Fred Sisto | Jan 30, 2021 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The Appellate Division continued in relevant part: The Prosecutor’s Office contends it did not believe defendants were appropriate for PTI based on the offenses, and that some jail time was appropriate despite defendants’ efforts to strike a balance that...
by Fred Sisto | Jan 28, 2021 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
On November 24, 2020, a three-judge appellate panel decided the Middlesex County case of State v. Samuel Chen. Two other defendants’ cases with the same legal issue were consolidated with this appeal. The principal issue under N.J.S.A. 2C:43-12 was whether prosecutors...
by Fred Sisto | Jan 26, 2021 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
On June 12, 2020 the New Jersey Supreme Court issued a per curiam opinion in the Union County case of State v. Antwan Horton. This opinion was a revision of the original opinion that issued two days earlier. A “per curiam” opinion is one in which the application of...
by Fred Sisto | Jan 24, 2021 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The New Jersey Supreme Court concluded with the following in relevant part: The decisions of the MCPO defendants who considered whether Seidle could be re-armed and then remain armed were prosecutorial functions exercised on behalf of the State. As such, those...
by Fred Sisto | Jan 22, 2021 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The New Jersey Supreme Court continued in relevant part: The Court articulated two purposes advanced by its holding: it eliminated uncertainty for county prosecutors as to whether defense and indemnification would be provided, and it avoided the anomalous results that...