Drug Court Applicant Classifications (Part 4)

by | Apr 16, 2021 | Blog, Criminal Law, Drug Crime, Monmouth County, New Jersey, Ocean County

The Appellate Division continued in relevant part: However, as we have also noted, we review a sentencing court’s interpretation of the relevant statutes and the Drug Court Manual de novo. Although we generally defer to a sentencing court’s findings of fact and weighing of aggravating and mitigating factors, we are not bound by a judge’s interpretations of the legal consequences that flow from established facts. See Manalapan Realty, LP v. Twp. Comm. of Manalapan (1995). Thus, our review of Drug Court track classification is de novo, as this determination is based solely on whether the person is presently subject to a presumption of imprisonment or a mandatory minimum period of parole ineligibility.

Because the trial court in some of the cases before us misinterpreted the statutory framework and applied the wrong track classification, we deem it necessary to remand those cases for reconsideration. The trial court initially denied admission to these defendants on the grounds they were categorically disqualified under N.J.S.A. 2C:35-14. We recognize that the trial court issued amplification letters in which the court essentially ruled–in the alternative–that these defendants would be denied admission to Drug Court even if they were deemed to be Track Two candidates. We believe it is important, however, for a court considering the criteria enumerated in N.J.S.A. 2C:35-14(a) to recognize whether those circumstances are legal prerequisites for Track One candidates or merely relevant factors to be considered along with all other relevant circumstances for Track Two candidates. Importantly, when those statutory criteria are deemed to be discretionary factors rather than categorical disqualifying circumstances, they must be viewed through the lens of a TASC evaluation. A defendant’s prior criminal history, for example, may be the product of a long-standing addiction. In those circumstances, a trial court exercising its discretion in dealing with a Track Two candidate should consider whether the time has finally come to address the defendant’s addiction and interrupt the cycle of recidivism.

It is amazing that such protracted litigation can come from a straightforward interpretation of whether an individual is subject to a presumption of imprisonment or mandatory parole ineligibility. The answer to the questions comes from a straightforward review of whether the charge at issue is a second degree (first degrees are categorically denied Drug Court) or one of the relatively few third degree, fourth degree, or sentencing statutes that call for a period of parole ineligibility.

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
Mr. Sisto is very knowledgeable in the specific area of which he practices. I was beyond thankful for the end results of which could not have been achieved without Mr. Sisto's intervention.
Shawn H
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred is an excellent attorney. Even though we did not initiate the official pleading process, he deep dived into researching and sorted out my questions without any consultation fee. I highly recommend him!
Qianru Z
Google star 1Google star 2Google star 3Google star 4Google star 5
I recently retained Mr. Fred Sisto to represent my son regarding a very serious legal matter. If not handled correctly these charges could have resulted in bad consequences for my son's future prospects. Mr. Sisto's knowledge of the criminal justice system is evident since he was able to get all charges dropped as well as getting them expunged from his record. If you need a criminal justice attorney who will respond quickly to all your questions and concern,as well as achieve a satisfactory solution to your case I strongly recommend Attorney Fred Sisto.
Joseph M
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred is a very knowledgeable and effective attorney. His knowledge of the law enables him to understand your issue, plan a strategy to address it and explain the strategy to you. He also possesses excellent communication skills that assist him interactions with other attorneys and judges.
Michael G
Google star 1Google star 2Google star 3Google star 4Google star 5
Called back within 10 minutes,very easy to talk to. Not judgmental at all. I am hopeful about the outcome.
Colleen H
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred Sisto is compassionate! His forewarning his network about DUI checkpoints are vital to public interests! He does what it NEEDED by giving us advanced notifications about avoiding situations! Thank you Fred!
Joseph R
Google star 1Google star 2Google star 3Google star 4Google star 5
I was very content with Fred’s services. He was extremely communicative throughout the entire process and I am happy with our results.
Lidia D
Google star 1Google star 2Google star 3Google star 4Google star 5
I wholeheartedly recommend the legal services of Frederick Sisto. Mr. Sisto brings with him a wealth of knowledge, experience, and professionalism - qualities that make him highly effective at providing legal counsel.
John D
Google star 1Google star 2Google star 3Google star 4Google star 5
Great attorney, responded very quickly to our emails and calls. The office staff is attentive and knowledgeable as well. Over all a great experience. Highly recommend him.
Alexandra L
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred Sisto is amazing!! Definitely recommend
Jen A