Drug Court Violation Sentencing (Part 1)

by | Mar 27, 2020 | Blog, Criminal Law, Drug Crime, Marijuana, Monmouth County, New Jersey, Ocean County

Narcotics Trafficking NetworkOn June 21, 2019 a three-judge appellate panel decided the Middlesex County case of State v. Thomas Hawkins. The principal issue under N.J.S.A. 2C:35-14 involved the propriety of an eight year prison sentence for drug court violations where the defendant already completed almost five years of special probation.

Presiding Judge Koblitz held in relevant part: In State v. Thomas, our Supreme Court held that the “imposition of a mandatory enhanced sentence under N.J.S.A. 2C:43-6(f) “based on the “sentencing court’s finding of the fact of defendant’s prior convictions,” did not violate the defendant’s Sixth Amendment right to a jury trial. The Court determined that “N.J.S.A. 2C:43-6(f) operates as a sentence enhancer on the basis of a judicial fact-finding that is authorized under Apprendi and Blakely, to wit, the finding of prior convictions.”

Here, defendant argues that his sentence violates the principles articulated in Apprendi and its progeny and is therefore unconstitutional. Defendant was sentenced to eight years in prison with a forty-month period of parole ineligibility for second-degree possession with intent to distribute PCP after violating the terms of his special Drug Court probation for a second time. Defendant argues that his total sentence of approximately thirteen years of combined prison and probation is unconstitutional because it exceeds the statutory maximum sentence of a ten-year period of incarceration, and was imposed after judicial, rather than jury, fact-finding.

In a recent case, we determined that probation was not confinement for purposes of determining, under the persistent offender statute N.J.S.A. 2C:44-3(a), whether the defendant had been released from confinement within ten years preceding the instant offense. State v. Clarity (App. Div. 2018). We also found that the later consequences of a VOP are part of the corrections process, “not a separate prosecution and conviction.”

Defendant argues that the applicable probation revocation statute, N.J.S.A. 2C:35-14(f), is unconstitutional because it allows the VOP court, after non-jury fact-findings, to sentence a defendant to the maximum custodial sentence in addition to the time spent on probation. Here, the statutory maximum without an extended term was ten years in prison. After the VOP, defendant received a sentence of eight years in prison plus almost five years of probation. Defendant argues that absent a measuring device to compare the severity of a year of probation to a year in prison, we should value them as equally severe.

The Court could point to our code’s range of sentences for different degrees of offenses as a measuring device that confirms that prison is more severe than probation. Probation is a common disposition for third and fourth degree offenses. Probation can only be imposed in lieu of prison for the more sever first and second degree offenses in the rarest of circumstances.

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
I highly recommend attorney Fred Sisto. As an attorney myself, I have the highest confidence in his knowledge and determination to protect and defend the rights of his clients. On top of that, his responsiveness and customer service are second to none. If you find yourself needing an attorney, trust me, YOU WANT THIS GUY IN YOUR CORNER!!
Chris O
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 was great and very reasonable. He was extremely easy to get ahold of or very quick to return my calls. I was able to get my charge dropped altogether. I highly recommend Fred!
Jasmine C
Google star 1Google star 2Google star 3Google star 4Google star 5
I was very fortunate to find Attorney Fred Sisto for my legal case in Ocean County, NJ. He was thoroughly versed in the law and kept me informed at all times. When it came time for my court date, he showed up early and clearly advised me of all possible options. I could not be happier with the outcome Fred was able to negotiate for me. I highly recommend him!
Kelly L
Google star 1Google star 2Google star 3Google star 4Google star 5
I had the pleasure of dealing with Mr Sisto personally from beginning to end. He was very Professional, very clear with his communication and acted quickly to find a solution to my particular issue. I HIGHLY recommend Frederick P Sisto to any and all who need an amazing and hard working attorney...
Eddie B
Google star 1Google star 2Google star 3Google star 4Google star 5
Known this man many years extremely professional with everything he does truthfully one of the very best out there
Lukas A
Google star 1Google star 2Google star 3Google star 4Google star 5
I was very pleased with my representation by Fred Sisto. He is very honest and explained everything to me in detail. I would recommend him to anybody who is seeking legal representation..
Jeff M
Google star 1Google star 2Google star 3Google star 4Google star 5
Great guy got me out of a lot of legal trouble highly recommended.
Frank S
Google star 1Google star 2Google star 3Google star 4Google star 5
Current Pre law students and I had a question pertaining to a certain scenario in class. He responded back and gave me a case that broke down exactly what I asked for.
Chad 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