Drug Court Resentencings and the Sixth Amendment (Part 5)

by | Apr 18, 2020 | Blog, Criminal Law, Drug Crime, Monmouth County, New Jersey, Ocean County

Judge Susswein continued in relevant part: The circumstances in Haymond that prompted the Court to find an Apprendi violation are clearly distinguishable from the case before us. In stark contrast to § 3583(k), N.J.S.A. 2C:35-14(f) does not prescribe a new mandatory minimum sentence. Rather, our statute incorporates by reference the minimum and maximum sentences that could have been imposed originally based on defendant’s conviction. Specifically, N.J.S.A. 2C:35-14(f)(4) provides that if the court permanently revokes the defendant’s special probation pursuant to this subsection, the court shall impose any sentence that might have been imposed, or that would have been required to be imposed, originally for the offense for which the person was convicted or adjudicated delinquent.

Importantly, the Haymond plurality distinguished the defective federal supervised release statute at issue before it from probation and parole, which it noted “have usually been understood to comport with the Fifth and Sixth Amendments.” Haymond, 588 U.S. __, 139 S. Ct. at 2381 (plurality opinion). The plurality explained that probation and parole comply with Apprendi principles because, upon finding a violation, “a judge generally could sentence the defendant to serve only the remaining prison term authorized by statute for his or her original crime of conviction.” Id. at 2382. “Thus, a judge could not imprison a defendant for any longer than the jury’s factual findings allowed-a result entirely harmonious with the Fifth and Sixth Amendments.” Ibid. New Jersey’s special probation revocation law is just the sort of traditional probation statute the Haymond plurality deemed “to comport with the Fifth and Sixth Amendments.” Id. at 2381.

It is also noteworthy that when describing the maximum allowable sentence following a violation of supervised release, the Haymond plurality made no mention of the non-custodial portion of the sentence. The plurality opinion, in other words, does not pronounce, or even intimate, that as a matter of constitutional imperative, the time a defendant has already spent out of prison on supervised release must be added to the custodial sentence for purposes of determining whether the prescribed statutory maximum has been exceeded.

The panel’s focus on what the federal constitution requires is consistent with a federalization that has occurred in our state courts in recent years. Our state constitution has historically provided greater constitutional protections than the analogous federal provisions.

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
Thank you !
Billy F
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
Have nothing but great things to say about Fred, highly recommended
Bill S
Google star 1Google star 2Google star 3Google star 4Google star 5
i have not needed the service of fred sisto but am grateful for the notices i receive
Bill P
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 experience overall having Frederick P Sisto as my attorney. Sisto understands his client, very insightful and is an expert in his field. Truly a professional and marvelous individual.
Maybelin R
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred is a good lawyer, he is really young yet made me feel confident that my lawful rights were being protected, and investigated all avenues when there was potential they weren't. He is very knowledgeable, and offered great peace of mind in such a distressing situation. I always felt like he had my back throughout the whole process, supporting aspects to my case that didn't even fall within his scope. I would highly recommend Fred.
Amy L
Google star 1Google star 2Google star 3Google star 4Google star 5
I would highly recommend Frederick Sisto to anyone seeking legal representation that is fair, honest and will keep your best interest forefront. should the situation arise, i would not hesitate to seek representation from Frederick Sisto again.
Rmean
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 is a fantastic attorney who is very informative, knows the system well, and is very thorough.
Bob V