The Appellate Division continued in relevant part: However, as we have also noted, we review a sentencing court's interpretation of the relevant statutes and the Drug Court Manual de novo. Although we generally defer to a sentencing court's findings of fact and...
Drug Crime
Drug Court Applicant Classifications (Part 3)
The Appellate Division continued in relevant part: Although a Drug Court judge is not bound by a substance abuse evaluator's recommendation for in-patient drug treatment, the evaluation is a critical component of a decision to grant or deny admission into the Drug...
Drug Court Applicant Classifications (Part 2)
The three-judge panel continued in relevant part: A Track One candidate can be admitted to Drug Court only if the court sentences the defendant to special probation pursuant to N.J.S.A. 2C:35-14. Track One candidates therefore must meet all nine eligibility criteria...
Drug Court Applicant Classifications (Part 1)
On February 18, 2021, a three-judge appellate panel decided the Cape May County consolidated cases that included State v. Christopher Harris. The principal issue under N.J.S.A. 2C:35-14 involved whether the nature of a drug court applicant’s prior record made them a...
Drug Court Eligibility (Part 5)
The Appellate Division continued in relevant part: We are uncertain what the drafters of the Manual meant by stating: "An applicant's acceptance into drug court should be based on the defendant's clinical and legal eligibility, in accordance with the drug court...
Drug Court Eligibility (Part 2)
The Appellate Division continued in relevant part: However, the State argued, and the judge accepted, that three specific references to N.J.S.A. 2C:35-14 in the legal eligibility section of the Manual make it clear that the AOC purposely created uniformity in Drug...
Drug Court Eligibility (Part 1)
On February 25, 2020, a three-judge appellate panel decided the Cumberland County case of State v. Tevin Figaro. The principle issue under N.J.S.A. 2C:35-14 was whether the “Track One” statutory bars for drug court participation automatically bar “Track Two”...
Drug Court Resentencings and the Sixth Amendment (Part 6)
The Appellate panel continued in relevant part: Under federal law, the period of incarceration and ensuing period of supervised release are deemed to be "distinct aspects" of punishment. United States v. Work, 409 F.3d 484, 489 (1st Cir. 2005). Accordingly, "courts...
Drug Court Resentencings and the Sixth Amendment (Part 5)
Judge Susswein continued in relevant part: The circumstances in Haymond that prompted the Court to find an Apprendi violation are clearly distinguishable from the case before us. In stark contrast to § 3583(k), N.J.S.A. 2C:35-14(f) does not prescribe a new mandatory...
Drug Court Resentencings and the Sixth Amendment (Part 4)
The Appellate panel continued in relevant part: The United States Supreme Court's recent decision in Haymond supports this conclusion. In that case, the Court confronted the application of Apprendi principles in the context of federal supervised release. A jury found...