by Fred Sisto | Aug 7, 2024 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The Supreme Court majority continued in relevant part: The Court’s decisions in $8,850 and Von Neumann make crystal clear that due process does not require a separate preliminary hearing to determine whether seized personal property may be retained pending the...
by Fred Sisto | Aug 5, 2024 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
On May 9, 2024, the United States Supreme Court decided the case of Culley v. Marshall. The principal issue related to N.J.S.A. 2C:64-1 was whether a preliminary retention hearing was required when the police seize property in furtherance of a civil forfeiture case....
by Fred Sisto | Aug 3, 2024 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The Court continued in relevant part: “Our courts have recognized that, in sexual assault cases, ‘the well-being of victims demands heightened protection’ because there is a ‘likelihood of emotional trauma and mental distress.'” State v....
by Fred Sisto | Aug 1, 2024 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
On April 22, 2024, the New Jersey Supreme Court decided the case Gloucester County case of C.R. v. M.T. The principal issue under N.J.S.A. 2C:14-16 concerned the standard for issuance of a final protective order under the Sexual Assault Survivor Protection Act....
by Fred Sisto | Jul 30, 2024 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
On April 8, 2024, a three-judge appellate panel decided the Somerset County case of State v. J.H.P. The principal issue under N.J.S.A. 2C:4-4 concerned whether the State could compel a defendant to take medication to restore their competency. Judge Rose wrote for the...
