Drug Offenses and Parole Ineligibility (Part 6)

by | Mar 20, 2022 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County

The Appellate Division concluded with the following in relevant part: It is evident from our discussion that regardless of the particular context, any determination of good cause demands the court’s considered judgment, not some rubber stamp. In State v. Tuminello (1976) the Court provided “a word of guidance” regarding resentencing under Rule 3:21-10(b)(2), permitting a change in sentence to release a defendant from custody based on poor health. Although the rule “contained no specific command that the court set forth its reasons” as does the rule “governing the original imposition of sentence,” see Rule 3:21-4(h), at least some of the underlying policy considerations which favor the furnishing of reasons on sentencing are equally applicable to a change of sentence: to provide an appellate court with the means by which to review a decision on sentencing; and to contribute to uniformity of sentencing.

We do not believe the Court expected that the decisions judges would make on joint motions brought under the Rule required no more than rote recitation of policy judgments made by others. Good cause under the Rule brings into focus the tension between different animating purposes of sentencing in our criminal justice system: finality, sentence uniformity and public safety on one hand; a sentence that considers individual circumstances as to offender and offense on the other. State v. Randolph (2012) (“Defendant is entitled to that individualized consideration during sentencing. In a resentencing, a defendant similarly is entitled to the same full review and explanation of the finding and weighing of aggravating and mitigating factors.”). As we said in other circumstances, specifically whether there was good cause to delay prosecution of a defendant who invoked his rights under the Interstate Agreement on Detainers, N.J.S.A. 2A:159A-3(a), “whether good cause exists must be resolved from a consideration of the totality of circumstances in a particular case.” State v. Buhl (App. Div. 1994).

Moving forward, in considering joint motions filed pursuant to the Directive and under the aegis of the Rule, the judge must make individualized determinations of whether good cause exists for the requested relief. The factors we set out in Johnson are a good starting point, but by no means do they close the field to further inquiry by the judge. We reverse and vacate the order under review.

The word “aegis” means “protection”. It originally meant a protective shield or breastplate in Greek mythology.

Excellent rating
Based on 287 reviews
Google star 1Google star 2Google star 3Google star 4Google star 5
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred Sisto is compassionate! His forewarning his network about DUI checkpoints are vital to public interests! He does what it NEEDED by giving us advanced notifications about avoiding situations! Thank you Fred!
Joseph R
Google star 1Google star 2Google star 3Google star 4Google star 5
Mr. Sisto was not only a knowledgeable and excellent lawyer, he was compassionate and understanding during this difficult time. I found Mr. Sisto to always be available and he services were affordable and effective. You will not find a better lawyer.
Joseph S
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred is a good attorney because he is available 24-7 & always returned my calls..he makes your day in court brief so your not sitting in court all day.
Karen P
Google star 1Google star 2Google star 3Google star 4Google star 5
Affordable, knowledgeable, efficient.
Deb W
Google star 1Google star 2Google star 3Google star 4Google star 5
Very helpful services provided, updates make people think...
Atlantic A
Google star 1Google star 2Google star 3Google star 4Google star 5
Very knowledgeable within every aspect of the law. Highly recommend his talent for your criminal defense.
Will S
Google star 1Google star 2Google star 3Google star 4Google star 5
I had occasion to speak with Fred regarding one of my employees who was dealing with an extended revocation. Fred gave me several suggestions which I passed on along with his name and number. I think he used him and he is now back driving. Fred was very professional and responsive even though I wasn't a client.
Dave P
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred is an outstanding lawyer. As a fellow attorney, I've relied on his expertise in several cases, and have referred clients to him with excellent results.
Wyman
Google star 1Google star 2Google star 3Google star 4Google star 5
Mr. Fred Sisto handled a case regarding my business. He was always available to answer my calls directly and helped me with any questions I had. He also had the case dismissed before I was even able to make it to the court room! I know it can be difficult when finding an attorney but I know I made no mistake choosing the law offices of Frederick Sisto, I highly recommend him!!
Kari J
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred was a excellent choice for my case, whatever he told on the first call exactly what happened in courtroom, very professional/ Down to earth, great in communication he reply’s no matter what time of the day or night it is. Very impresses with him and I finally found my go to guy for every legal need.
Sam S