The substitute also proposed to abolish the dual pathways to expungement under Chapter 52 - in which a person was presumptively entitled to expungement of an indictable offense after ten years, and eligible for expungement after as few as five years upon a public...
Drug Crime
Drug Court Expungements & The Public Interest: Part 3
The bill was amended and merged into a committee substitute with other bills that proposed various amendments to Chapter 52, mainly to reduce the waiting periods for expungements. See Assembly Committee Substitute for Assembly Bill Nos. 206, 471, 1663, 2879, 3060 and...
Drug Court Expungements & The Public Interest: Part 2
We add that the public interest showing, based on the statute's plain language, pertains only to convictions described in N.J.S.A. 2C:52-2(c)(3). If the person meets the public interest test regarding an identified third- or fourth-degree conviction, then his or her...
Drug Court Expungements & The Public Interest: Part 1
On August 1, 2017, a three judge Appellate Division panel decided the case of I.M.O. of the expungement of the arrest/charge records of T.B., J.N.-T., R.C. The panel included former Monmouth County Criminal Presiding Judge Vernoia. The principle issue before the Court...
Drug Court & Expungements: Part 3
This would ensure that defendants would receive prompt drug treatment rather than having to resolve often petty disorderly persons offenses prior to being sentenced into Drug Court. The goal of the Drug Court is to evaluate the need for a client's treatment and get...
Drug Court & Expungements: Part 2
The way the statute is currently drafted, if a person were to be sentenced into Drug Court today and then go to a municipal court to resolve a pending under-50 grams of marijuana case, they are technically barred from the expungement under N.J.S.A. 2C:35-14(m). While...
Different Drug Aggregation: Part 2
Inclusive language is used elsewhere in N.J.S.A. 2C:35-5(b)(1) to authorize combining substances for the purpose of achieving the five-ounce weight: "Heroin, or its analog, or coca leaves and any salt, compound, derivative . . . in a quantity of five ounces or more...
Different Drug Aggregation: Part 1
On November 11, 2016, in the case of State v. Rivastineo, the Appellate Division was called upon to decide whether the State is permitted to combine the weight of different drugs seized from a defendant in order to charge a higher degree of crime. In relevant part,...
PTI for Marijuana PWI Charges
A recent Appellate decision in the case of State v. Alfred Coursey cleared up an ambiguity regarding PTI admission for defendants charged with third and fourth degree possession of marijuana with the intent to distribute. The decision reinforced a position that has...
Needle Affirmative Defense
With regard to proving the affirmative defense that justifies possession of hypodermic needles without a prescription, for purposes of determining the procedure required to raise a defense and the level of proof required to establish a defense, the Code provides, for...
