Drug Court Eligibility (Part 2)

by | May 14, 2020 | Blog, Criminal Law, Drug Crime, Monmouth County, New Jersey, Ocean County

The Appellate Division continued in relevant part: However, the State argued, and the judge accepted, that three specific references to N.J.S.A. 2C:35-14 in the legal eligibility section of the Manual make it clear that the AOC purposely created uniformity in Drug Court eligibility under both tracks. These references are:

  • First, among other things, “the legal screening for drug court acceptance could involve a review of the following: statutory eligibility criteria contained in N.J.S.A. 2C:35-14 or other statutory provisions in the code, if applicable.” Ibid. (emphases added).
  • Second, the prosecutor “should review the candidate for presumptive legal eligibility and then forward a letter indicating a recommendation as to legal eligibility.” Ibid.” A drug court prosecutor can recommend a legal rejection based on N.J.S.A. 2C:35-14 and whether the applicant is a potential danger to the community.” Ibid. (emphasis added).
  • Third, “an applicant’s acceptance into drug court should be based on the defendant’s clinical and legal eligibility, in accordance with the drug court statute.” Id. at 9-10. The State argued, and the judge found, the “drug court statute” was N.J.S.A. 2C:35-14.

In short, citing these three portions of the Manual, the judge accepted the State’s contention that all the legal eligibility bars contained in N.J.S.A. 2C:35-14 apply with equal force to Track Two applicants, like defendants.

As part of broader arguments asserted on appeal, the State reiterates that the intent behind the Manual was to foster uniformity and subject all Drug Court applicants to the same legal eligibility criteria, namely N.J.S.A. 2C:35-14, something the State says is consistent with the “historical move towards Drug Court uniformity.” It also asserts that the Court’s holding in Meyer, and our decision in Maurer, were “not incorporated into N.J.S.A. 2C:35-14,” and were rendered “moot” by adoption of the Manual. While acknowledging that the Manual should be clearer in addressing the preservation of two tracks and different legal eligibility for each, we reject the State’s contentions for a variety of reasons.

The most obvious reason to reject the State’s contentions is that the drafters of the Drug Court Manual do not have the power to moot binding Appellate Division and Supreme Court decisions. Statewide, drug court prosecutors seem to have an underlying hostility towards anyone other than what would be considered an “ideal applicant”, namely, someone with a long history of victimless drug possession offenses and none of the attendant theft and drug-distribution offenses that go hand-in-hand with addicts with no other means to fund their addictions.

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 an excellent lawyer. The tickets I received were nothing compared to the charges i had originally. I got the best possible outcome for my case, and Mr Sisto was incredibly understanding and patient and responded to any questions I had within about 30 minutes of me asking them. I'll be going to him again for any legal trouble I have in the future
Brandon K
Google star 1Google star 2Google star 3Google star 4Google star 5
mr. fred sisto esq. was very professional, answered all questions i had, & made my husband & i feel more at ease about our criminal case.
Meridith T
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred never represented me but been in touch with him a few times and was a very professional experience from the minute I called the office
Jj B
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred is a very competent attorney. He is knowledgeable, thorough, effective and possesses outstanding interpersonal skills. He provided excellent representation in my case and obtained a favorable outcome.
Michael G
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred Sisto's attention to detail, his representation and unwavering advocacy for me made all the difference in my case.
Jill F
Google star 1Google star 2Google star 3Google star 4Google star 5
Hired Mr.Sisto to handle a case of mine a couple of months ago and while the service was okay the customer service was awful. When I had inquired about a charge I was unsure of on my bill, Mr. Sisto immediately got defensive and had the unprofessionalism to ask me if I “was high” for asking this question. I wonder if Mr. Sisto asks all of his clients this question or only the ones who have jobs in the cannabis industry? Regardless, I don’t believe this was an appropriate question to ask, regardless of the industry one works in, and therefore Mr. Sisto needs to heavily work on his customer service. Edit: Mr. Sisto had the UNPROFESSIONALISM to reach out to my family and ask them to ask me to take down my review instead of reaching out directly towards me when it was I who was his client, not my family. Clearly speaks to the unprofessionalism surrounding this practice. This has not been the only time Mr.Sisto has gone directly to my family instead of me, his client, for important legal matters and I will not seek out his services again. For those who may not understand Spanish, the email starts with “You should speak to your daughter regarding the review she has just published.” Edit to Response: As an attorney, one should be able to make appropriate questions and comments regardless if a client is “uncooperative” or “disrespectful.” The fact that rather than apologizing for the awful interaction with your firm, and I was not released “within hours” as you claim shows how low value your firm is and how you openly instead chose to harass my family through email for my initial review rather than actually revomy case which I ended up doing and you chareged me for . Regardless of results, your character speaks volumes and anyone who reads this would know better than to give their money to an awful person such as yourself. What a shame
Ximena C
Google star 1Google star 2Google star 3Google star 4Google star 5
Mr. Sisto was knowledgeable preofessional and experienced. He knew the right steps to take every step of the way and went above and beyond to make sure that I understood the situation. Mr. Sisto will have your back in any legal matter!
Corey S
Google star 1Google star 2Google star 3Google star 4Google star 5
2 👍🏻👍🏻 up
Cc
Google star 1Google star 2Google star 3Google star 4Google star 5
Very informative. Would not hesitate to use Attorney Sisto.
Rose C
Google star 1Google star 2Google star 3Google star 4Google star 5
Realmente es un gran abogado, me ayudo muchísimo en todo este proceso y sobre todo que habla español que es una de las cosas importantes para mi. Por que lo hizo mas entendible y facil cada una de las cosas que tenía que hacer y su amabilidad y paciencia para poder explicarme qué tenía que hacer. Además que mi caso fue un éxito gracias a él ya cada uno de sus conocimientos y a su apoyo en todo momento. Lo recomiendo 100%.
Luis A