Drug Court Eligibility (Part 1)

by | May 12, 2020 | Blog, Criminal Law, Drug Crime, Monmouth County, New Jersey, Ocean County

On February 25, 2020, a three-judge appellate panel decided the Cumberland County case of State v. Tevin Figaro. The principle issue under N.J.S.A. 2C:35-14 was whether the “Track One” statutory bars for drug court participation automatically bar “Track Two” applicants.

Presiding Judge Messano held in relevant part.  As we noted in Maurer, the 2002 Manual imposed more stringent eligibility requirements for applicants under Track Two than existed for applicants under Track One special probation. In Maurer, the defendant, otherwise eligible for Track Two consideration, was denied admission to Drug Court because of a prior conviction for possession of a handgun. We observed that the 2002 Manual‘s condition was more restrictive than the similar requirement for Track One offenders who commit a more serious offense. Under N.J.S.A. 2C:35-14(a)(5), a Track One offender is eligible for Drug Court if “the person did not possess a firearm at the time of the present offense and did not possess a firearm at the time of any pending criminal charge.” A more serious offender may, therefore, have a prior conviction for a weapons charge and still be eligible for Drug Court.

We recognized the “unfairness” in strictly applying the 2002 Manual‘s guidelines, “especially in light of the legislature’s obvious intention” in the 2012 amendments to N.J.S.A. 2C:35-14 “to liberalize admission to Drug Court based on the success of the program.” Id. at 417. We modified the guidelines and ordered a remand to the Law Division for consideration of the defendant’s application, “despite his conviction for an earlier weapons offense.” Id. at 418.

The new Manual includes significant amendments which we acknowledge create some ambiguities. It first reiterates that any “defendant is legally eligible for drug court if he or she qualifies for sentencing to special probation under N.J.S.A. 2C:35-14 (Track One) or regular probation under N.J.S.A. 2C:45-1 (Track Two).” Manual, at 9 (emphasis added). The State concedes that the Manual preserved admissions into Drug Court via two tracks.

It is unfortunate that even the amended Drug Court manual still contains ambiguities ten years after the first manual was published. Like ambiguities in criminal law legislation, many of them could be avoided if the authors consulted with experienced criminal trial attorneys.

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
Especially given the situations we had to work under right now with COVID-19, I am glad to have had Fred Sisto represent me. The outcome was much better than anticipated, and he always ensured to maintain proper communication, including not going any further until you 100% understood what's going on, and made a point to keep me updated as much as possible with any of the incoming changes due to quarantine (which was confusing for me at first). Always has your best interests in mind, and an all-around great attorney and person.
Mel C
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred is a detail minded attorney that works tirelessly to get the job done right. If you need help Fred knows how to take care of your issues. Fred has years of experience and will work hard for justice for his clients. Fred is easy to talk to and has great communication skills!
Gibson H
Google star 1Google star 2Google star 3Google star 4Google star 5
We retained Fred to represent our daughter. He was amazing from our first phone call. He led us through the process and assured us that all would be taken care of. He was absolutely wonderful with our daughter. We couldn’t have asked for a better outcome. Thank you Fred from the bottom of our hearts. If you need a criminal attorney Fred Sisto Esq. is your guy. Trust me you won’t be disappointed.
Sherry F
Google star 1Google star 2Google star 3Google star 4Google star 5
I have sought out Mr. Sisto for two traffic related cases. His hard work and dedication to getting results for me was very evident from the get go. He was very informative throughout the entire process of working on my cases and during the court sessions as well. Very professional and very friendly. If anyone in the area is looking for a very good and quality representation, Mr. Sisto is a go to.
Brett S
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
Fred Sisto is a great attorney. Highly recommend. He is very trustworthy, professional, and has great communication skills, one being that he is very down to earth and makes you feel comfortable in all possibilities. I am very happy I went with him to represent me, we received the best possible outcome for our matter, while he was honest with all possibilities along the way.
Mike A
Google star 1Google star 2Google star 3Google star 4Google star 5
Even though I didn't end up using Fred; I had the best experience from him out of anyone I called for a consultation. He was very clear and consise, made sure I understood my options for the situation I was faced with. He ultimately gave me the confidence to go to court pro se for my case. I also get weekly emails now that are extremely helpful and include a wealth of information for goings on around my area.
Warren C
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 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
Great service
Kelly G