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Home >> Criminal Law >> Page 112

June 20, 2015 by Fred Sisto

Toms River—Increase in Drug Crime

There is no doubt that New Jersey is faced with a serious drug problem that is only intensifying. At first glance, the Garden State’s statistics can be misleading. In Ocean County, drug-overdose deaths fell from 121 in 2013 to only 86 in 2014. This might suggests drug crime and usage is decreasing. Or, it may […]

Filed Under: Blog, Criminal Law, Drug Crime, News Tagged With: Drug Crimes

June 10, 2015 by Fred Sisto

New Jersey State Police Using Facebook to Catch Criminals

Social media has completely changed the way our society functions daily. The movement toward this digital age began with the introduction of Facebook in 2004. In a little over 11 years, Facebook has gained 1.4 billion users worldwide. A staggering 47% of all people who use the Internet are on Facebook. Whether or not you […]

Filed Under: Blog, Criminal Law, Interrogation, News Tagged With: Criminal Law

May 20, 2015 by Fred Sisto

Those Who Sacrifice Liberty for Security Deserve Neither

As mentioned in the boater’s rights blog, the New Jersey State Constitution provides the ceiling of our rights, while the United States Constitution provides the floor.  Put another way, police in all 50 states cannot violate the rights protected by the federal constitution, while individual states are free to either lock-step with federal constitution case […]

Filed Under: Blog, Criminal Law, News Tagged With: Criminal Law

May 10, 2015 by Fred Sisto

Justice Alito’s Understanding of Search Warrants

This brings us to Alito’s dissent. He begins with some vague language that search warrants are “normally drafted by nonlawyers in the midst and haste of a criminal investigation” and cites to United States v. Ventresca, 380 U.S. 102, 108, 85 S.Ct. 741, 13 L.Ed.2d 684 (1965).  However, that quote from Ventresca concerned the quantum […]

Filed Under: Blog, Criminal Law, Warrants Tagged With: Criminal Law, Legal Procedures

April 26, 2015 by Fred Sisto

Family Illegally Strip Searched By Police

In Doe v. Groody, decided on March 19, 2004, the majority held that it was clearly established that unless a search warrant specifically incorporates a police officer’s sworn statement (the affidavit) made at the time that a warrant is requested, the scope of the warrant may not be broadened by language in the affidavit. The […]

Filed Under: Blog, Criminal Law, Interrogation, Know Your Rights, News Tagged With: Criminal Law, Legal Procedures

April 10, 2015 by Fred Sisto

Evidence and Conviction Thrown Out as a Result of Fred Sisto’s Trial Work

I contested a motion to suppress physical evidence in the case of State v. Xiomara Gonzales from January through May of 2011.  After the trial court denied my motion, an appeal was taken. On April 6, 2015, the appellate division reversed the trial court’s decision.  The result was that Ms. Gonzales’ conviction was thrown out and […]

Filed Under: Blog, Criminal Law, Jail Time and Probation, News Tagged With: Criminal Law, Drug Crimes, Legal Procedures

April 4, 2015 by Fred Sisto

Changes To Be Made To The Bias Crime Statute

In State v. David T. Pomianek, Jr. , which the New Jersey Supreme Court decided on March 17, 2015, Justice Albin, writing for a unanimous Court, addressed the issue of the constitutionality of N.J.S.A. 2C:16-1(a)(3), a bias-crime statute that allows a jury to convict a defendant even when bias did not motivate the commission of […]

Filed Under: Blog, Criminal Law, Law Reform and Amendments Tagged With: Criminal Law, Legal Procedures

March 4, 2015 by Fred Sisto

Aggravated Sexual Assault Reversed Conviction

In State v. Luis Santiago, decided on January 28, 2015, the Appellate Division reversed an aggravated sexual assault conviction based on subsection N.J.S.A. 2C:14-2(a)(3), because there was no evidence presented that the assault occurred during an assault “on another”. Although the Santiago opinion was unpublished, meaning that it is not binding on lower courts, but […]

Filed Under: Blog, Criminal Law, Jail Time and Probation, News Tagged With: Assault, Criminal Law, Legal Procedures

October 23, 2014 by Fred Sisto

S.L.A.P. as an Alternative to Jail

The question that often arises when faced with mandatory imprisonment is whether a labor program can be substituted for jail. The short answer is “no”. N.J.S.A. 2B:19-5 is the law that requires the sheriff “or other authorized officer” of each county in New Jersey to establish a labor assistance program as an alternative to direct […]

Filed Under: Blog, Criminal Law, News Tagged With: Criminal Law, Legal Procedures

July 24, 2014 by Fred Sisto

Boaters’ Search and Seizure Rights

A friend of mine recently purchased a jet ski and asked whether the police needed reasonable suspicion to stop him on the water, i.e. if the same rule that applies to automobile stops applies to boats and jet skis. The short and surprising answer is “No.” Under New Jersey’s Administrative Code, the police can stop […]

Filed Under: Blog, Criminal Law, Know Your Rights, Warrants Tagged With: Criminal Law, Legal Procedures

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