The De Minimis Statute – State v. Halloran

by | Sep 15, 2016 | Blog, Criminal Law, Know Your Rights, Law Reform and Amendments

Criminal Lawyer Brick NJIn State v. Halloran, decided on August 24, 2014, and approved for publication on July 29, 2016, the Superior Court of Morris County was called upon to decide a motion to dismiss a charge under our criminal code’s “De Minimis Infraction” statute. The charge was that the defendant, a registered sex offender, registered his primary residence as required by law, but failed to register his secondary residence. Note that this is a rare instance of a Superior Court Opinion being approved for publication since typically only Appellate Division and Supreme Court opinions are published. From time to time, however, Superior Court or Law Division cases get published when there are no higher court opinions that address the issue at hand. Note further that like an “unpublished” Appellate Division case, “Law Division” opinions are considered persuasive, but not binding on any other courts should another court choose to decide the issue differently in the future.

For purposes of a de minimis motion, the Assignment Judge must assume that the conduct charged actually took place and evaluate only whether the offense is too trivial to warrant prosecution On that premise, the judge may assert that this conduct, which technically establishes the commission of a crime by defendant, was a trivial matter or did not cause or threaten the result that the criminal statute is designed to prevent. The question thus becomes what is the risk of harm to which society is exposed by defendant’s conduct. If the Assignment Judge finds that defendant’s conduct so charged was insufficient to constitute an offense, he may dismiss the indictment.

Excellent rating
Based on 288 reviews
Google star 1Google star 2Google star 3Google star 4Google star 5
Google star 1Google star 2Google star 3Google star 4Google star 5
From the beginning Fred was fast to respond to my initial inquiry (while he was on vacation) when other lawyers took a week or never even responded. Fred was professional, understanding of my situation and on point with the the expected timelines due the delays COVID had put on the courts. The courts had objections on a few occasions and forced me to appeal on another but, Fred stood his ground for me and followed through until my matter was resolved as I expected. I recommend Mr. Sisto if you are in need his services. I will definitely use him again if I ever need to.
Steve
Google star 1Google star 2Google star 3Google star 4Google star 5
Although I don't know Fred, he has my appreciation in his fight for my liberty. Mothers against drunk driving have ruined as many lives as they have saved. We need bread and butter laws in N. J ! Stopping moterists assuming they are breaking a law is against my rights. N. J. Is a police state with a cop on every corner. From the unjust gas tax to the corruption in Trenton, we need more attorneys like Frederick Sisto. He is aware of the people's shrinking liberties.
Freehold F
Google star 1Google star 2Google star 3Google star 4Google star 5
I was very pleased with my representation by Fred Sisto. He is very honest and explained everything to me in detail. I would recommend him to anybody who is seeking legal representation..
Jeff M
Google star 1Google star 2Google star 3Google star 4Google star 5
Very good, extremely professional ,
Franco F
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred Sisto is amazing!! Definitely recommend
Jen A
Google star 1Google star 2Google star 3Google star 4Google star 5
Recently I encountered some legal matters in the state of New Jersey during my visit and it would have became serious if it was not taken care of. Mr. Sisto and I discussed the case through the phone and exchanged documents through email. Since I was unable to travel back and forth due to restricted time, I have asked Mr. Sisto to handle the case on my behalf. I was very pleased with the result and would recommend Mr. Sisto for any legal matters.
Nam N
Google star 1Google star 2Google star 3Google star 4Google star 5
....and his Dog Gonzo is a great attorney.
Duane H
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred was very professional, competent, and a pleasure to deal with I cant thank him enough I highly recommend his services
Mildred T
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred's services has been more than exceptional. He provided updates on my case. He got me one of the best outcomes i could have asked for, and has represented me twice with amazing results. Fred can work his magic on your case just as he did for me
Chris K
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred was incredibly helpful during a very stressful time. Even during a pandemic he was fast at responding to any and all questions or problems that I had. He went above and beyond to make sure that I was happy with my results and that my case was being handled properly all the way through. Highly recommend this office!
Toni V