by Fred Sisto | Aug 18, 2023 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The Appellate Division concluded with the following in relevant part: In Thompson, the Court held that “a plain reading of N.J.S.A. 2C:1-6(c) requires the statute of limitations in cases involving DNA evidence to begin when the State possesses the physical...
by Fred Sisto | Aug 16, 2023 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The Appellate Division continued in relevant part: Defendant allegedly committed the sexual assault on May 26, 1990. As already noted, there was a five-year limitations period applicable to that crime. The limitations period expired on May 27, 1995. Consequently, the...
by Fred Sisto | Aug 14, 2023 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
On March 29, 2023, a three-judge appellate panel decided the Cape May County case of State v. Jerry Rosado. The principal issue under N.J.S.A. 2C:1-6 concerned whether the 2002 DNA-tolling amendment applied retroactively to a sexual assault that occurred in 1990....
by Fred Sisto | Aug 12, 2023 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The three-judge panel concluded with the following in relevant part: The recently amended version of N.J.S.A. 2C:58-3(c)(5) provides that no HPP or FPIC shall be issued “to any person where the issuance would not be in the interest of the public health, safety...
by Fred Sisto | Aug 10, 2023 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
Judge Geiger continued in relevant part: Considering these statutes in pari materia, the J.D. court reasoned: The expungement privilege, however, is not absolute. The holder of the privilege has discretion to determine whether to waive it. In the context of gun...