Judge Susswein continued in relevant part: It is clear from this provision that the Legislature did not intend to award credit for the entirety of the time spent on special probation. As we have already noted, under Apprendi, it is the province of a legislature by statute to determine the maximum sentence that may be […]
Drug Court Resentencings and the Sixth Amendment (Part 2)
The Appellate Division continued in relevant part: This brings us to the second faulty premise on which defendant’s constitutional argument relies. We reject the notion that time spent in the community on non-custodial special probation is functionally equivalent to time spent incarcerated. See Hawkins, __ N.J. Super. at __ (slip op. at 11) (“We do […]
Drug Court Resentencings and the Sixth Amendment (Part 1)
On February 6, 2020, a three-judge appellate panel decided the Middlesex county case of State v. Walek Dunlap. The principle issue under N.J.S.A 2C:35-14 was whether the sentencing court violated the holding in Apprendi when it found certain facts in aggravation of the defendant’s sentence for drug court violations. Judge Susswein wrote for the panel […]
Drug Court Violation Sentencing (Part 3)
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 […]
Drug Court Violation Sentencing (Part 2)
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 […]
Drug Court Violation Sentencing (Part 1)
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: […]
Changes to Marijuana-Related Expungements (Part 26)
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 […]
Changes to Marijuana-Related Expungements (Part 25)
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 […]
Changes to Marijuana-Related Expungements (Part 24)
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 […]
Changes to Marijuana-Related Expungements (Part 23)
N.J.S.A. 2C:52-10 is amended to read as follows: 2C:52-10. a. Until the date that the e-filing system is established by the Administrative Office of the Courts pursuant to section 11 of P.L. , c. (C. ) (pending before the Legislature as this bill), a copy of each petition, together with a copy of all supporting […]
- « Previous Page
- 1
- 2
- 3
- 4
- 5
- …
- 13
- Next Page »
English
Spanish