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 >> Competence and The Insanity Defense (Part 2)

November 3, 2016 by Fred Sisto

Competence and The Insanity Defense (Part 2)

Criminal LawyerThe insanity defense allows the court to determine whether one with mental illness should be held criminally responsible for his or her conduct under the standard stated in N.J.S.A. 2C:4-1. It is an affirmative defense that defendant must specifically invoke. If the court finds that defendant lacks the ability to distinguish between right and wrong, he or she is thereby excused from criminal culpability. If a defendant is acquitted by reason of insanity, the available options for defendant’s disposition are set forth in N.J.S.A. 2C:4-8(b)(3).

A defendant found competent to stand trial has the right to decline the insanity defense. Prior cases have set forth the procedure that a trial court should follow in that event. In State v. Handy, 215 N.J. 334 (2013), we rejected the bifurcated proceeding that the court prescribed in State v. Khan, 175 N.J. Super. 72, 81-82 (App. Div. 1980), when a defendant seeks to assert both a substantive defense and the insanity defense, and held that a unitary hearing should occur on all defenses. Accordingly, where the court is advised that the defendant does not plan to assert the insanity defense notwithstanding evidence that could support the defense, the court should undertake a detailed colloquy at the conclusion of the State’s case to ensure that defendant understands the ramifications of his or her decision. The court should: explain the nature and purpose of the defense; describe generally the evidence relevant to that defense, including expert opinion that could be used to support or counter the defense; inform the defendant of his or her sentencing exposure in the event of a conviction; describe civil commitment and the other potential dispositions prescribed by N.J.S.A. 2C:4-8(b); and confirm the defendant’s understanding of these matters.

In this case, after finding defendant competent to stand trial and based on the defense psychiatrist’s report, the trial court properly conducted a colloquy with defendant regarding her refusal to assert the insanity defense. The court thereby ensured that defendant had the information that she needed to make an informed decision. The trial court erred when it declined to respect defendant’s autonomous decision not to assert the insanity defense, and interposed its own judgment to invoke the defense. To the extent that prior case law suggests otherwise, the Court declines to follow it. This error warrants a new trial on the stalking charge. The Court rejects defendant’s other claims of trial error, and affirms the judgment of the Appellate Division upholding the weapons possession convictions.

On remand, the trial court should assess defendant’s competency to stand trial under N.J.S.A. 2C:4-4, based on current information and mental health evaluations. The court should consider, among other issues, whether defendant’s delusionary condition, if it persists, renders her unable to participate in an adequate presentation of her defense. If defendant is found competent to stand trial, and declines to invoke the insanity defense, the court should advise her, at the close of the State’s case, of the defense and the consequences of her choice, and then respect the decision that defendant makes.”

Filed Under: Blog, Criminal Law, Legal Procedures

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

  • Marijuana and Diversionary Programs (Part 4)
  • Marijuana and Diversionary Programs (Part 3)
  • Marijuana and Diversionary Programs (Part 2)
  • Marijuana and Diversionary Programs (Part 1)
  • Jurisdiction and Subsequent Prosecutions (Part 2)
  • Jurisdiction and Subsequent Prosecutions (Part 1)
  • Statutes of Limitations and DNA Evidence (Part 3)
  • Statutes of Limitations and DNA Evidence (Part 2)

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