Fred Sisto | Criminal Attorney | Ocean and Monmouth County

Call Us Today
732-898-3232

  • Home
  • Criminal Defense Services
    ▼
    • Drug Crimes
      ▼
      • Drug Manufacturing
      • Intent to Distribute Narcotics
      • Prescription Drug Crimes
      • Leader of Narcotics Trafficking Network
    • Weapons Charges
      ▼
      • Prohibited Weapons and Devices
      • Manufacture, Transport, etc. of Weapons
      • Illegal Possession of a Gun
      • Possession of Weapons for Unlawful Purposes
    • Expungements
    • Theft Attorney
    • Violent Crimes
      ▼
      • Robbery/Burglary
      • Manslaughter
      • Extortion
      • Assault
      • Sexual Offenses
    • Arson
    • DUI / DWI
      ▼
      • Alcohol DUI
      • Drug DUI
      • Refusing a Breath Test
    • Driving with A Suspended License
    • Property Forfeiture
    • Anti-Drug Profiteering
    • Juvenile Delinquency
  • Español / Spanish Speaking Attorney
  • About
    ▼
    • Testimonials
    • Defending Cases In
      ▼
      • Monmouth County
      • Ocean County
  • Blog
  • Contact
    ▼
    • Receive a Call From Fred
  • DUI Checkpoint Alerts
  • Results
  • Payment Options
  • Home
  • Criminal Defense Services
    • Drug Crimes
      • Drug Manufacturing
      • Intent to Distribute Narcotics
      • Prescription Drug Crimes
      • Leader of Narcotics Trafficking Network
    • Weapons Charges
      • Prohibited Weapons and Devices
      • Manufacture, Transport, etc. of Weapons
      • Illegal Possession of a Gun
      • Possession of Weapons for Unlawful Purposes
    • Expungements
    • Theft Attorney
    • Violent Crimes
      • Robbery/Burglary
      • Manslaughter
      • Extortion
      • Assault
      • Sexual Offenses
    • Arson
    • DUI / DWI
      • Alcohol DUI
      • Drug DUI
      • Refusing a Breath Test
    • Driving with A Suspended License
    • Property Forfeiture
    • Anti-Drug Profiteering
    • Juvenile Delinquency
  • Español / Spanish Speaking Attorney
  • About
    • Testimonials
    • Defending Cases In
      • Monmouth County
      • Ocean County
  • Blog
  • Contact
    • Receive a Call From Fred
  • DUI Checkpoint Alerts
  • Results
  • Payment Options
Home >> Escape and Work Release Violations

July 30, 2020 by Fred Sisto

Escape and Work Release Violations

On May 14, 2020, a three-judge appellate panel decided the Bergen County case of State v. Derrick Lawrence. The principal issue under N.J.S.A. 2C:29-5 was whether a violation of a child support work release curfew constitutes criminal Escape.

Judge Mawla held in relevant part: As the Court noted in Pasqua, enforcement proceedings for the collection of child support are brought under Rule 1:10-3. 186 N.J. 140-41. A proceeding to enforce litigants’ rights under Rule 1:10-3 ‘is essentially a civil proceeding to coerce the defendant into compliance with the court’s order for the benefit of the private litigant’ and ‘incarceration may be ordered only if made contingent upon defendant’s continuing failure to comply with the order.'” Id. at 140 (quoting Essex County Welfare Bd. v. Perkins (App. Div. 1975).

There is no evidence the Legislature intended to apply N.J.S.A. 2C:29-5(a) to a defendant on work release for contempt in a civil proceeding. The statute has only been applied to a defendant who left work release without authorization where the defendant was serving a criminal sentence. See State v. Walker (App. Div. 1974). Moreover, resort to extrinsic sources such as the Model Penal Code, does not support the conclusion that confinement subject to work release for the failure to pay child support is “for law enforcement purposes.” Indeed, coercive confinement for child support purposes is for the benefit of the payee on behalf of the child(ren), and subjecting a delinquent obligor to criminal punishment only impedes the receipt of support.

Therefore, defendant could not be charged with escape pursuant to N.J.S.A. 2C:29-5(a), and his plea to the offense was void as a matter of law. For these reasons, we vacate defendant’s convictions for escape and remand for re-sentencing on the non-escape related offenses.

Reversed and remanded. We do not retain jurisdiction.

The point about subjecting a delinquent obligor to criminal sanctions impeding the receipt of child support is a good one. It was likely taken directly from the defendant’s appellate attorney’s brief and oral argument.

Filed Under: Blog, Criminal Law, Monmouth County, New Jersey, Ocean County

Testimonials

Great!!! , got my case handled in the exact manner that I was told and would recommend to everyone else in need of legal representation.

Raumelis R   

Thanks to Fred I have no criminal record whatsoever.

Luke A   

I would highly recommend Mr. Sisto. He is very insightful and proficient, yet still down to Earth. Fred is great at communicating and breaking down the facts. But most importantly, he excels at getting results.

Bill K   

Fred is a stickler for detail and communicates with clients very, very well. He is smart and astute. I would recommend him unconditionally.

Tom O   
See More Testimonials

Recent Posts

  • Graves Act Waiver Rejections (Part 1)
  • Contempt and Restraining Orders (Part 2)
  • Contempt and Restraining Orders (Part 1)
  • Sex Offenses and Ex Post Facto Laws (Part 3)
  • Sex Offenses and Ex Post Facto Laws (Part 2)
  • Sex Offenses and Ex Post Facto Laws (Part 1)
  • Juvenile Life Sentences
  • Gubernatorial Pardons and Expungements (Part 2)

Recent Speaking Engagement

Site Disclaimer

Attorney Referral Fees

Frederick P Sisto has earned Lawyer Legion's recognition for Community Leadership

Law Office of Frederick P. Sisto

Point Pleasant Office*:
302 Hawthorne Ave, Suite 1
Point Pleasant Beach, NJ 08742

Phone: 732-898-3232
Fax: 201-508-3393
*Office visits by appointment only.

Representing clients throughout all court jurisdictions of New Jersey.

WITH THE EXCEPTION OF THE CRIMINAL TRIAL ATTORNEY CERTIFICATION, NO ASPECT OF THIS ADVERTISEMENT HAS BEEN APPROVED BY THE SUPREME COURT OF NEW JERSEY