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Graves Act Waivers and Standards of Review

Graves Act Waivers and Standards of Review

by Fred Sisto | Oct 16, 2025 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County

On August 6, 2025, a unanimous New Jersey Supreme Court decided the Salem County case of State v. Delshon Taylor. The principal issue under N.J.S.A. 2C:43-6.2 concerned the standard of review of a prosecutor’s denial of a Graves Act waiver. Justice Pierre-Louis, my...
Recovery Court and Juvenile Adjudication Expungements

Recovery Court and Juvenile Adjudication Expungements

by Fred Sisto | Oct 9, 2025 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County

On July 30, 2025, a three-judge appellate panel decided the Cape May County case of In the Matter of the Expungement of the Criminal/Juvenile Records of P.L. The principal issue under N.J.S.A. 2C:52-1 concerned whether a Recovery Court graduate could have a juvenile...
Immigration Consequences and the Effective Assistance of Counsel

Immigration Consequences and the Effective Assistance of Counsel

by Fred Sisto | Oct 2, 2025 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County

On July 22, 2025, a 5-2 majority of the New Jersey Supreme Court decided the Ocean County case of State v. Juan Hernandez-Peralta. The principal issue under N.J.S.A. 2C:43-2 concerned whether counsel was ineffective for not informing the defendant of immigration...
Megan’s Law Termination Considerations

Megan’s Law Termination Considerations

by Fred Sisto | Sep 25, 2025 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County

On July 7, 2025, a three-judge appellate panel decided the Middlesex County case of In Re Registrant S.O. The principal issue under N.J.S.A. 2C:7-2 concerned the proper considerations under the “public safety prong” for evaluating a motion to terminate Megan’s Law and...
Adverse Inferences and FRO Testimony

Adverse Inferences and FRO Testimony

by Fred Sisto | Sep 18, 2025 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County

On May 27, 2025, the New Jersey Supreme Court decided the Passaic County case of M.A. v. J.H.M. The principal issue under N.J.S.A. 2C:25-29 concerned whether a trial court can draw an adverse inference from a defendant’s refusal to testify at a Final Restraining Order...
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