Drug Court & Expungements: Part 1

by | Aug 16, 2017 | Blog, Criminal Law, Monmouth County, Ocean County

In a rare published trial court opinion out of Sussex County, a Law division judge decided the case of State v. K.S. on May 22, 2017. The principle issue in the case is whether a defendant is barred from receiving a Drug Court expungement under N.J.S.A. 35-14(m) when he committed two additional offenses prior to being admitted into Drug Court probation and was convicted of those offenses during the term of probation. Like unpublished appellate division opinions, trial court opinions are not binding on other courts. They are considered persuasive authority.

The K.S. Court does not believe the Legislature intended that a defendant sentenced to special probation be penalized or excluded from obtaining an expungement under N.J.S.A. 2C:35-14(m) because of previous charges incurred prior to a Drug Court sentencing that remain outstanding at the time he or she receives a special probation sentence. The entire Drug Court statute is focused on rehabilitation. It was not the Legislature’s intent to force defendants to stay in jail to resolve pending court matters before being sentenced to Drug Court special probation. That type of requirement impedes a defendant from beginning placement at a treatment program and is averse to the aim of special probation, which is rehabilitation.

In fact, the court will take judicial notice that there are many Drug Court applicants who are currently approved and awaiting sentencing in this Vicinage who unfortunately have a pending municipal court matter, and sometimes companion Superior Court matters from other counties. Fearful that they will not be able to expunge their record upon successful graduation from Drug Court, they languish in the jail awaiting transports to municipal courts. Some must arrange for sentencing of other Superior Court matters in other counties to occur first so as not to lose the right to expungement. This judicially-noticeable fact should be given great weight since a principle objective of New Jersey’s recent criminal justice reform is to avoid the incarceration of non-violent offenders seeking drug treatment.

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
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
Google star 1Google star 2Google star 3Google star 4Google star 5
Muy buen abogado lo rrecomiendo!!
Victor N
Google star 1Google star 2Google star 3Google star 4Google star 5
Iv had good lawyers defend me before but Mr.Sisto is beyond the best iv had. He explains everything every step of the way until your court date and excels on getting results , I defenatly recomend his services.
Imer J
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred was extremely helpful and knowledgable. He made the whole process as painless and easy as possible.
Toli C
Google star 1Google star 2Google star 3Google star 4Google star 5
Today my life was about to change! With great communication and excellent service he was able to create the impossible!! I am now able to continue to drive for a living!! I highly recommend his services and trust his judgment-HE KNOWS HIS STUFF!!! He saved my life and livelihood today! Mr.Frank Sisto is an absolutely amazing attorney! Thank you again I’ll never forget this day! God Bless
Edward J
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred is a fantastic attorney who is very informative, knows the system well, and is very thorough.
Bob V
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
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 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
Fred Sisto is a professional, knowledgeable, and exceptional attorney. He is very responsive and maintains continuous contact with his clients via phone and email. Fred made sure that we understood the charges and was able to work on getting us the best outcome possible. He even went above and beyond in the court room by assisting with translation from English to Spanish. I highly recommend him to anyone who is in need of legal services and representation. In the future if needed I would definitely use him again as an attorney.
Sara A