The Appellate Division concluded with the following in relevant part: If the Legislature intended to repeal or amend, N.J.S.A. 2C:43-12(g)(1), N.J.S.A. 2C:43-21(d), N.J.S.A. 2C:2C:52- 20, N.J.S.A. 2C:52-27(b), or overrule Rules 3:28-1(c)(1) and -5(a), it would have done so. Our review of the relevant statutes and legislative history shows no “clear and compelling evidence” of that intent. There is no support for the Middlesex Vicinage judge’s finding […]

Judge Mawla continued in relevant part: For these reasons, the holdings in the Middlesex cases cannot stand because they are contrary to the language in the controlling statutes. “A statute cannot be interpreted to abrogate existing law by implication alone,” because “the Legislature is presumed to intend a consistent body of law.” 1A Singer, Sutherland Statutory […]

The Appellate Division continued in relevant part: When a law “has two distinct sections dealing with related matters, amendment to one section is not an amendment to others because it is presumed that if the Legislature had intended an amendment to apply to both sections it would have expressed such an intent.” 1A Norman J. […]

On June 9, 2022, a three-judge appellate panel decided the consolidated Middlesex and Morris County cases of State v. Richard Gomes. The principal issue before the Court under N.J.S.A. 2C:43-12 was whether marijuana reform legislation was whether a past diversionary program for a marijuana offense made defendants ineligible for a subsequent diversion. Judge Mawla wrote […]

The Court continued: The statutory maximum for a sentence, however, includes the statutes that allow a special probation sentence followed by a revocation of that special probation. The statutory scheme delineates that the maximum custodial sentence for a second-degree crime is ten years in prison, unless a defendant applies for and is accepted into special […]

The Appellate Division continued: Defendant points out that the probation revocation statute states that a defendant shall receive credit for any time served in custody pursuant to N.J.S.A. 2C:45-1 or while awaiting placement in a treatment facility . . . and for each day during which the person satisfactorily complied with the terms and conditions […]

On 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: […]

14.    Section 8 of P.L.2017, c.244 (C.2C:52-23.1) is amended to read as follows: 8.  a. Notwithstanding any provision in this act to the contrary, expunged or sealed records may be used to facilitate the State Treasurer’s collection of any court-ordered financial assessments that remain due at the time an expungement or sealing of records […]

13.    N.J.S.2C:52-15 is amended to read as follows: 2C:52-15. a.  Except as provided in subsection b. of this section, if an order of expungement of records of arrest or conviction under this chapter is granted by the court, all the records specified in said order shall be removed from the files of the law […]

The amendments to N.J.S.A. 2C:52-10.1 continue: b.    Upon receipt of the information from the court pursuant to paragraphs (2) and (3) of subsection a. of this section, the Superintendent of State Police, the Attorney General, and the county prosecutor of any county in which the person was convicted shall, within 60 days, review and […]