by Fred Sisto | Jun 18, 2022 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
Judge Fisher concluded with the following in relevant part: Because we find no statutory ambiguity, the rule of lenity has no application. But, even if we were to assume an ambiguity exists within N.J.S.A. 2C:7-2, the rule doesn’t provide a defendant with a get...
by Fred Sisto | Jun 16, 2022 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The appellate panel continued in relevant part: Instead, everything about N.J.S.A. 2C:27-2 suggests a legislative intent to criminalize in equal fashion both the giving and taking of bribes in all official and political matters. There are no expressed exemptions....
by Fred Sisto | Jun 14, 2022 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The Court continued in relevant part: This conclusion not only flows from the Legislature’s expression but by the way our courts have always looked at bribery, recognizing as long ago as Ellis that it is no defense to anyone charged with bribery that the bribe...
by Fred Sisto | Jun 12, 2022 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The appellate panel continued in relevant part: To view the no-defense provision as supportive of defendant’s position requires a distortion of what the Legislature clearly stated. Besides the trial judge’s decision here, this mangled view actually finds...
by Fred Sisto | Jun 10, 2022 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
Judge Fisher continued in relevant part: Defendant’s argument would also, if accepted, create an unusual subset of candidates who would be criminally liable while excusing others, because the argument suggests that a candidate who is already a public servant or...