Fred Sisto | Criminal Attorney | Ocean and Monmouth County

Call Us Today
732-898-3232

  • Home
  • Criminal Defense Services
    ▼
    • Drug Crimes
      ▼
      • Drug Manufacturing
      • Intent to Distribute Narcotics
      • Prescription Drug Crimes
      • Leader of Narcotics Trafficking Network
    • Weapons Charges
      ▼
      • Prohibited Weapons and Devices
      • Manufacture, Transport, etc. of Weapons
      • Illegal Possession of a Gun
      • Possession of Weapons for Unlawful Purposes
    • Expungements
    • Theft Attorney
    • Violent Crimes
      ▼
      • Robbery/Burglary
      • Manslaughter
      • Extortion
      • Assault
      • Sexual Offenses
    • Arson
    • DUI / DWI
      ▼
      • Alcohol DUI
      • Drug DUI
      • Refusing a Breath Test
    • Driving with A Suspended License
    • Property Forfeiture
    • Anti-Drug Profiteering
    • Juvenile Delinquency
  • Español / Spanish Speaking Attorney
  • About
    ▼
    • Testimonials
    • Defending Cases In
      ▼
      • Monmouth County
      • Ocean County
  • Blog
  • Contact
    ▼
    • Receive a Call From Fred
  • DUI Checkpoint Alerts
  • Results
  • Payment Options
  • Home
  • Criminal Defense Services
    • Drug Crimes
      • Drug Manufacturing
      • Intent to Distribute Narcotics
      • Prescription Drug Crimes
      • Leader of Narcotics Trafficking Network
    • Weapons Charges
      • Prohibited Weapons and Devices
      • Manufacture, Transport, etc. of Weapons
      • Illegal Possession of a Gun
      • Possession of Weapons for Unlawful Purposes
    • Expungements
    • Theft Attorney
    • Violent Crimes
      • Robbery/Burglary
      • Manslaughter
      • Extortion
      • Assault
      • Sexual Offenses
    • Arson
    • DUI / DWI
      • Alcohol DUI
      • Drug DUI
      • Refusing a Breath Test
    • Driving with A Suspended License
    • Property Forfeiture
    • Anti-Drug Profiteering
    • Juvenile Delinquency
  • Español / Spanish Speaking Attorney
  • About
    • Testimonials
    • Defending Cases In
      • Monmouth County
      • Ocean County
  • Blog
  • Contact
    • Receive a Call From Fred
  • DUI Checkpoint Alerts
  • Results
  • Payment Options
Home >> Bail Reform: Drug Testing

January 12, 2017 by Fred Sisto

Bail Reform: Drug Testing

Drug Testing“The Bail Reform Law expressly authorizes a court setting conditions of pretrial release to order the defendant to refrain from use of any narcotic drug or other controlled substance without a prescription by a licensed medical practitioner, and to undergo available treatment for drug or alcohol dependency. N.J.S.A. 2A:162- l 7(b)(2)(h) and (i). Because many crimes are committed by persons while under the influence of a mind-altering drug (which may affect the ability to project future consequences and thus undermine the general deterrent effect of the threat of criminal punishment),  or are committed  to raise money to support the offender’s drug habit, an untreated  addiction can be   a reliable indicator of future criminal activity. See also subsection 7.6.4. Accordingly , when a prosecutor has an objective basis for believing that a defendant is drug or alcohol dependent as  defined in N.J.S.A. 2C:35-14, the prosecutor shall notify the court of the basis for this belief, and request that, as a condition of release, the defendant be ordered to refrain from use  of any narcotic drug or other controlled substance without a prescription by a licensed medical practitioner , and to undergo available treatment for drug or alcohol dependency as authorized by N.J.S.A. 2A:162- l7(b)(2). See also N.J.S.A. 2C:35-14. 1 (defendant required to submit to professional diagnostic assessment).

In determining whether there is an objective basis to believe that the defendant is suffering from the disease of addiction, the prosecutor may consider all relevant circumstances, including but not limited to the following:

whether the defendant appeared to be under the influence of a controlled substance or alcohol at the time of the offense, or has admitted to being a drug user;

whether the defendant previously has been arrested or convicted for drug possession; and whether the defendant previously has been admitted to or found clinically eligible for the Drug  Court Program.”

A foreseeable consequence of attempting to control defendant’s behavior with drug testing before they have been found guilty of anything is that many otherwise law-abiding suspects who use drugs, including marijuana, will be incarcerated for failing a drug test even in cases where the pending charge(s) will ultimately end up dismissed. This is antithetical to a principle purpose bail reform, namely, to rid our jails of non-violent victimless offenders and avoid the astronomical costs of housing them in the jails.

Filed Under: Blog, Criminal Law, Law Reform and Amendments

Testimonials

Fred is a stickler for detail and communicates with clients very, very well. He is smart and astute. I would recommend him unconditionally.

Tom O   

I would highly recommend Mr. Sisto. He is very insightful and proficient, yet still down to Earth. Fred is great at communicating and breaking down the facts. But most importantly, he excels at getting results.

Bill K   

Thanks to Fred I have no criminal record whatsoever.

Luke A   

Great!!! , got my case handled in the exact manner that I was told and would recommend to everyone else in need of legal representation.

Raumelis R   
See More Testimonials

Recent Posts

  • Drug Recognition Evidence (Part 3)
  • Drug Recognition Evidence (Part 2)
  • Drug Recognition Evidence (Part 1)
  • Shoplifting and Sales Tax (Part 2)
  • Shoplifting and Sales Tax (Part 1)
  • Handgun Permit-To-Carry Applications (Part 3)
  • Handgun Permit-To-Carry Applications (Part 2)
  • Handgun Permit-To-Carry Applications (Part 1)

Recent Speaking Engagement

Site Disclaimer

Attorney Referral Fees

Frederick P Sisto has earned Lawyer Legion's recognition for Community Leadership
 
Top Criminal Defense Attorney in Brick

Law Office of Frederick P. Sisto

Point Pleasant Office*:
302 Hawthorne Ave, Suite 1
Point Pleasant Beach, NJ 08742

Brick Township Office*:
223 Drum Point Road, Suite 1
Brick Township, NJ 08723

Sea Girt Office*:
2150 NJ-35,
Suite 225
Sea Girt, NJ 08750

Phone: 732-898-3232
Fax: 201-508-3393
*Office visits by appointment only.

Representing clients throughout all court jurisdictions of New Jersey.

WITH THE EXCEPTION OF THE CRIMINAL TRIAL ATTORNEY CERTIFICATION, NO ASPECT OF THIS ADVERTISEMENT HAS BEEN APPROVED BY THE SUPREME COURT OF NEW JERSEY

en English
en Englishes Spanish