by Fred Sisto | Nov 22, 2021 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The Court continued in relevant part: When sentencing a defendant pursuant to NERA, the court has discretion in setting the term that is used to calculate the period of parole ineligibility but has no discretion in determining the period of parole ineligibility. NERA...
by Fred Sisto | Nov 21, 2021 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
Justice Fernandez-Vina continued in relevant part: NERA mandates that a defendant serve 85% of the sentence “actually imposed” for certain crimes before becoming eligible for parole. N.J.S.A. 2C:43-7.2(b). Allowing defendants to proceed with a Rule 3:21-10(b)(2)...
by Fred Sisto | Nov 20, 2021 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
On July 12, 2021, the New Jersey Supreme Court decided the Mercer County case of State v. David Chavies. The principal issue concerned whether inmates serving mandatory terms of parole ineligibility could qualify for early release due to Covid-related considerations....
by Fred Sisto | Nov 19, 2021 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The New Jersey Supreme Court concluded with the following: The findings of juries cannot be nullified through lower-standard fact findings at sentencing. The trial court, after presiding over a trial and hearing all the evidence, may well have a different view of the...
by Fred Sisto | Nov 18, 2021 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The Court continued in relevant part: The New Jersey Constitution’s guarantee of the right to a criminal trial by jury is “inviolate.” N.J. Const. art. I, ¶ 9. In order to protect the integrity of that right, a jury’s verdict cannot be ignored through judicial...