2C:43-13.1. Eligibility and Application. a. Eligibility and Application. Whenever any defendant who has not been previously convicted of any petty disorderly persons offense, disorderly persons offense or crime under any law of the United States, this State or any other state, and who has not previously participated in conditional discharge under N.J.S.2C:36A-1, supervisory treatment under […]
Municipal Court Diversion Programs (Part 1)
Regarding municipal court diversions programs, there are two. The newer prgram that was signed into law in 2013 is the “conditional dismissal program.” It is relatively new program designed to divert disorderly persons offenses unrelated to marijuana and drug paraphernalia. The latter two offenses are addressed by the other municipal court diversion program, the conditional […]
Bail Pending Appeal (Part 2)
In general, the legitimate concern of the court with regard to setting bail is to ensure that the defendant will appear in court when required. State v. Johnson, 61 N.J. 361 (1972). More specifically, bail pending appeal shall be granted “if it appears that the case involves a substantial question which should be determined by […]
Bail Pending Appeal (Part 1)
Prison-bound defendants generally fall into two categories. The first category involves those who are convicted of a first or second degree crime. The second category deals with those whose prior records are bad and are therefore not amenable to probationary sentences, even though probation could otherwise be imposed for a third or fourth degree crime. […]
Sentencing Downgrade (Part 10) – State v. Jones cont.
Moreover, since Jones was remanded as opposed to the Appellate Division exercising original jurisdiction, it may very well be that she was ultimately sentenced to a downgraded prison sentence, as opposed to a standard five to ten year second degree prison sentence. Due to the age of the Jones case, I could not ascertain the […]
Sentencing Downgrade (Part 9) – State v. Jones
This brings us to the case of State v. Jones, 197 N.J. Super. 604, 607(App. Div. 1984), where the Appellate Division vacated and remanded the trial court’s downgrading of the defendant’s second-degree theft by deception, N.J.S.A. 2C:20-4, conviction to the third-degree, finding an abuse of discretion. This case is a favorite of prosecutor’s because it […]
Sentencing Downgrade (Part 8) – State v. John Fiore
In State v. John Fiore, Docket No. A-0960-09T2 and A-1078-09T2 (App. Div. 2013), the downgraded sentence pursuant to N.J.S.A. 2C:44-1f(2) was affirmed. There, a jury found defendant guilty on: count one (second-degree conspiracy to promote or facilitate bribery in official and political matters, N.J.S.A. 2C:27-2d; misapplication of entrusted property, N.J.S.A. 2C:21-15; and official misconduct, N.J.S.A. […]
Sentencing Downgrade (Part 7) – Tanco-Brito cont.
The Appellate Court also endorsed the trial court’s finding that the lack of any prior firearms offenses made Tanco-Brito’s firearm offense “seem out-of-character.” This was endorsed as a “compelling reason in addition to mitigating factor” eight (conduct was the result of circumstances unlikely to recur) and nine(the character and attitude of the defendant indicate that […]
Sentencing Downgrade (Part 6) – Tanco-Brito
Tanco-Brito also involved a violent offense wherein the defendant threatened the victim while pointing a handgun at him. Id. at 2. Moreover, the trial judge downgraded defendant’s conviction from a second-degree offense to a third-degree offense and placed the defendant on probation, as opposed to imposing a prison sentence. There, the trial court’s required finding […]
Sentencing Downgrade (Part 5) – State v. L.V.
Examples of the Appellate Division’s finding separate and compelling reasons that justify a sentencing downgrade are as follows. In State v. L.V., 410 N.J. Super. 90 (App. Div. 2009), the defendant pleaded guilty to second-degree aggravated assault and second-degree reckless manslaughter against two separate victims (her newborn children). Despite the existence of a negotiated agreement […]
- « Previous Page
- 1
- …
- 79
- 80
- 81
- 82
- 83
- …
- 86
- Next Page »
