Bail Reform: Lab Reports

by | Feb 21, 2017 | Blog, Criminal Law, Law Reform and Amendments

Fred Sisto Brick Lawyer“The State Police Office of Forensic Science may establish an electronic submission/reporting system to provide an efficient means by which to make and respond to prioritization requests. In that event, the prosecutor  shall make a prioritization  request to the Office of Forensic  Science  pursuant to this Section by means of the system established  by that   Office.

An agency upon receipt of a prioritization request shall use all available means to submit a requested report and/or complete a requested test/examination and submit a report thereon on or before the date specified in the prosecutor’s request. If it is not feasible to submit a requested report or complete a test/examination and submit a report thereon by the date specified by the prosecutor, the agency shall within five business days of receiving the request notify the prosecutor in writing and shall explain the reasons why it is not feasible to comply with the prosecutor’s request. The agency also shall indicate the earliest possible date on which the requested report will be submitted or on which the requested test/examination will be ·completed and report thereon submitted to the prosecutor.

This Section shall be deemed to supersede and preempt any standard operating procedure or protocol of an agency operating under the authority of the laws of the State of New Jersey that otherwise would determine the priority to be given to preparing a report or conducting a test or examination (e.g., a general practice to prioritize tests by the order in which they had been submitted). See also Section 10.4 (Director of the Division of Criminal Justice authorized to exercise Attorney General’s authority as State’s chief law enforcement officer to resolve disputes and order timely completion of required reports).”

Given that lab reports routinely take months to produce, it is anticipated that prosecutors will seek to leverage guilty pleas without lab reports in the wake of the new speedy trial deadlines. Likely scenarios will involve guilty pleas to “wandering to obtain a controlled substance” or “failure to turn over a controlled substance” in simple possession cases while “conspiracy to distribute” is offered in distribution cases. In the latter, an amendment to a conspiracy charge could be the difference between probation and  prison with parole ineligibility in the cases where the defendant has a prior conviction for distribution and is thus otherwise subject to a mandatory extended term under State v. Brimage. Other prosecutors may threaten to refuse to offer any plea bargain if a defendant insists upon a lab report. This response by the state may be unethical to the extent that they are essentially withholding discovery that they are required to turn over and attempting to coerce the defendant into waiving his or her fundamental right to the material.  Such a scenario might make a motion for independent lab testing (at the defendant’s expense or otherwise) an appropriate response.

Excellent rating
Based on 288 reviews
Google star 1Google star 2Google star 3Google star 4Google star 5
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred is a good attorney because he is available 24-7 & always returned my calls..he makes your day in court brief so your not sitting in court all day.
Karen P
Google star 1Google star 2Google star 3Google star 4Google star 5
Very good
Nazario B
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred Sisto is compassionate! His forewarning his network about DUI checkpoints are vital to public interests! He does what it NEEDED by giving us advanced notifications about avoiding situations! Thank you Fred!
Joseph R
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred Sisto handled my case very well. I was happy with outcome. I wouldn't hesitate to recommend him to any of my friends or family.
David V
Google star 1Google star 2Google star 3Google star 4Google star 5
Recently I encountered some legal matters in the state of New Jersey during my visit and it would have became serious if it was not taken care of. Mr. Sisto and I discussed the case through the phone and exchanged documents through email. Since I was unable to travel back and forth due to restricted time, I have asked Mr. Sisto to handle the case on my behalf. I was very pleased with the result and would recommend Mr. Sisto for any legal matters.
Nam N
Google star 1Google star 2Google star 3Google star 4Google star 5
Very good, extremely professional ,
Franco F
Google star 1Google star 2Google star 3Google star 4Google star 5
Great service
Kelly G
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred is a good lawyer, he is really young yet made me feel confident that my lawful rights were being protected, and investigated all avenues when there was potential they weren't. He is very knowledgeable, and offered great peace of mind in such a distressing situation. I always felt like he had my back throughout the whole process, supporting aspects to my case that didn't even fall within his scope. I would highly recommend Fred.
Amy L
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred is a fantastic attorney who is very informative, knows the system well, and is very thorough.
Bob V
Google star 1Google star 2Google star 3Google star 4Google star 5
Even though I don’t drink (alcohol) much I like getting the emails of DUI checkpoints from Fred Sisto so I can avoid the inconvenience. The less contact with law enforcement the better.
Dbaby329