Contempt and Violations Of Pre-Trial Release (Part 4)

by Fred Sisto | May 4, 2019 | Blog, Legal Procedures, Monmouth County, New Jersey, Ocean County

Judge Yannotti continued in relevant part: The State further argues that New Jersey’s case law confirms its ability to charge a defendant with contempt under if the defendant purposely or knowingly violates a condition in a pretrial release order. In support of that argument, the State relies upon Gandhi, 201 N.J. 161.

In Gandhi, the defendant became obsessed with a woman who rebuffed his desire for a romantic and sexual relationship. The woman filed a complaint against the defendant charging harassment, but later withdrew the complaint. The trial court nevertheless “issued an oral restraining order” directing the defendant not to have any contact with the woman.

The defendant violated the order and he was charged with stalking under N.J.S.A. 2C:12-10(c). The trial court set bail and included a no-contact directive in the bail order. Later, after the defendant violated that order, the court increased the amount of bail and expanded the scope of the no-contact directive. Thereafter, the defendant continued to violate the court’s orders.

The State filed additional charges against the defendant, and the charges included numerous counts of contempt of court based on the defendant’s violations of the no-contact requirements of the court’s orders. The defendant was tried and convicted of third-degree stalking and contempt of court.

On appeal, the defendant argued that the no-contact orders and the bail orders with no-contact provisions, were an insufficient factual basis for finding that he engaged in stalking in violation of a court order, which elevated the stalking charge from a fourth-degree to a third-degree offense. The Supreme Court rejected that argument, noting that “we insist on compliance with judicial orders to promote order and respect for the judicial process.”

It is unlikely that the Legislature considered a bail or pretrial release order as a basis for elevating a stalking charge from a fourth degree to a third-degree offense. It was likely focused on final restraining orders in domestic violence cases and their equivalents from other states.

      Excellent rating  
 Based on 288 reviews 
    
  
 
 
      Great that Fred posts DUI for Monmouth County!
     David F 
 
 
 
 
    Very good Lawyer , easy to work with . Gets results !
     William C 
 
 
 
 
    I am very appreciative of all of the time and effort Fred his given to my case. It was a pleasure having him help me. Fred always was there to answer any messages about questions or concerns. If there were any fears i had as as well, Fred is responsive and helped mitigate any anxiety I had regards to your legal matter. In terms of knowledge of the law, he can explain and elaborate everything perfectly in a manner anyone can understand so you aren't caught off guard by anything in your legal situation. Fred as your lawyer allows for transparency which is needed for you as a client because it allows you to properly fathom the situation at hand and allows Fred to help you understand realistic outcomes for your situation. As a client, that is what you want to see from your lawyer so they clearly have your best interests at hand. That is a great attribute Fred has. Lastly, Fred helped me get everything dropped. I would recommend Fred because hes personable, his expertise, his array of legal knowledge, his legal experience and background, and he contains attributes you need in a lawyer to get you the best outcome.
     Matthew F 
 
 
 
 
    Mr. Sisto and his entire staff were courteous, professional and got our case handled quickly and to the best outcome.  Great lawyer.  Highly recommend.
     Bryan B 
 
 
 
 
    I had the pleasure of dealing with Mr Sisto personally from beginning to end. He was very Professional,  very clear with his communication and acted quickly to find a solution to my particular issue. I HIGHLY recommend Frederick P Sisto to any and all who need an amazing and hard working attorney...
     Eddie B 
 
 
 
 
    Hired Mr.Sisto to handle a case of mine a couple of months ago and while the service was okay the customer service was awful. When I had inquired about a charge I was unsure of on my bill, Mr. Sisto immediately got defensive and had the unprofessionalism to ask me if I “was high” for asking this question. I wonder if Mr. Sisto asks all of his clients this question or only the ones who have jobs in the cannabis industry? Regardless, I don’t believe this was an appropriate question to ask, regardless of the industry one works in, and therefore Mr. Sisto needs to heavily work on his customer service.

Edit: Mr. Sisto had the UNPROFESSIONALISM to reach out to my family and ask them to ask me to take down my review instead of reaching out directly towards me when it was I who was his client, not my family. Clearly speaks to the unprofessionalism surrounding this practice. This has not been the only time Mr.Sisto has gone directly to my family instead of me, his client, for important legal matters and I will not seek out his services again.

For those who may not understand Spanish, the email starts with “You should speak to your daughter regarding the review she has just published.”

Edit to Response: As an attorney, one should be able to make appropriate questions and comments regardless if a client is “uncooperative” or “disrespectful.” The fact that rather than apologizing for the awful interaction with your firm, and I was not released  “within hours” as you claim shows how low value your firm is and how you openly  instead chose to harass my family through email for my initial review rather than actually revomy case which I ended up doing and you chareged me for . Regardless of results, your character speaks volumes and anyone who reads this would know better than to give their money to an awful person such as yourself. What a shame
     Ximena C 
 
 
 
 
    Mr. Sisto did an absolutely fantastic job on my case. He achieved the best possible result for me, and really made me feel comfortable and that he had my best interest at heart. He kept in constant communication with me, was very prompt in his response to my calls and emails, and he went above and beyond in answering any and all questions that I had. His professionalism and the lengths to which he went to secure a good result for me really helped make a stressful situation feel better. If you ever find yourself in need of legal representation, I highly recommend Fred Sisto. You will not regret it.
     Michael G 
 
 
 
 
    Helped with my issues timely manner and continued constant communication to make sure I was aware of any changes or issues that arose.
     Whick 3 
 
 
 
 
    Fred was excellent and helped my son deal with a issue in PPB, despite being a long distance away.  He is very thorough and knows how to navigate the ins and outs of the local legal waters.
     Bruces 
 
 
 
 
    I called Mr. Sisto a few weeks back and he returned the call immediately!  I asked a few questions and he clearly explained the options for one of my employees.  He then followed up with a detailed proposal.  He was completely knowledgeable, helpful and insightful.  If I ever had to use him I would feel VERY comfortable with his representation.
     Dave P