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 >> Contracts and Criminal Liability (Part 2)

October 23, 2018 by Fred Sisto

Contracts and Criminal Liability (Part 2)

The panel continued: “If the language leads to a clearly understood result, the judicial inquiry ends without any need to resort to extrinsic sources. When such extrinsic evidence is needed, we look to a variety of sources. Central among them is a statute’s legislative history.”

When the Legislature sets out to define a specific term, ‘the courts are bound by that definition. Otherwise, words in a statue must “be given their generally accepted meaning, according to the approved usage of the language. In determining the common meaning of words, it is appropriate to look to dictionary definitions.”

The term “government contract” is not defined in N.J.S.A. 2C:21-34(b) or otherwise in the Code of Criminal Justice. In N.J.S.A. 2C:20-1, however, the Legislature defined the term “Government” for purposes of “chapters 20 and 21” of the Code, including N.J.S.A. 2C:21-34(b). “‘Government’ means the United States, any state, county, municipality, or other political unit, or any department, agency or subdivision of any of the foregoing, or any corporation or other association carrying out the functions of government.” We apply that statutory definition to our interpretation of the term “government” in N.J.S.A. 2C:21-34(b).

The NJDEP is an agency of the State of New Jersey, and thus falls within the definition of “Government” under N.J.S.A. 2C:20-1(d). Application of N.J.S.A. 2C:20-1(d)’s definition of “Government” to the term “government contract” in N.J.S.A. 2C:21-34(b), requires the conclusion that any “contract” covered by N.J.S.A. 2C:21-34(b) to which the NJDEP is a party is a “government contract.” Defendant does not contend otherwise. It is therefore necessary to determine if the ACO to which the NJDEP and defendants were a party is a “contract” under N.J.S.A. 2C:21-34(b).

“In determining the common meaning of words, it is appropriate to look to dictionary definitions.” A contract has long been defined as “an agreement between two or more parties creating obligations that are enforceable or otherwise recognizable at law” and a “writing that sets forth such an agreement.” Black’s Law Dictionary 389 (10th ed. 2014); Black’s Law Dictionary 318 (7th ed. 1999); see also Webster’s II New College Dictionary 250 (3d ed. 2005) (defining contract as “a legally enforceable agreement between two or more parties,” and “the writing or document containing such an agreement”).

In light of our criminal code’s very broad definition of “government”, it was reasonable to concede that the DEP qualifies. Since the definition encompasses not just governmental agencies like the DEP, but also “associations carrying out the functions of government”, even private entities would fall within the definition.

Filed Under: Blog, Criminal Law, Monmouth County, New Jersey, Ocean County

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

  • Plea Agreements and New Charges (Part 2)
  • Plea Agreements and New Charges (Part 1)
  • Youth and Withholding Imprisonment (Part 2)
  • Youth and Withholding Imprisonment (Part 1)
  • Marijuana and Diversionary Programs (Part 4)
  • Marijuana and Diversionary Programs (Part 3)
  • Marijuana and Diversionary Programs (Part 2)
  • Marijuana and Diversionary Programs (Part 1)

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