Immunity and Overdose Prevention Act (Part 5)

by | Apr 27, 2018 | Blog, Criminal Law, Drug Crime, Monmouth County, New Jersey, Ocean County

For example, in State v. Strong (1988), the Supreme Court remanded a criminal case to the trial court for a new evidentiary hearing on a defendant’s motion to dismiss an indictment based on the defendant’s assertion that the prosecution was barred because of immunity that had been previously granted to him as a witness. The trial court was tasked in Strong with determining from the facts whether the immunity extended to the testimony of another person who had testified before the grand jury, or whether the testimony was derived independently from the earlier compelled testimony of the immunized witness. The Court concluded that because the dispositive factual issue had not been “fully explored and developed” in the trial court, “there must be a remand and reconsideration of the issue.”

Similarly, in State v. Barone (1996), the Court upheld a trial court’s decision to conduct an evidentiary hearing concerning a defendant’s invocation of an immunity, even though a federal court had previously addressed immunity issues at a hearing without the State’s participation. Reversing the Appellate Division, the Court in Barone upheld and reinstated the Law Division judge’s determination that the State’s indictment was based upon independent sources not derived from an immunized proffer session with federal agents.

The State’s reliance on State v. Ochmanski (Law Div. 1987) in opposing an evidentiary hearing in the OPA setting is unavailing. Ochmanski did not involve an issue of criminal immunity. Instead, it considered whether a defendant’s criminal liability was precluded by the statute of limitations because of a factual dispute concerning the defendant’s fugitive status that would extend the limitations period. The Law Division judge in Ochmanski noted that such a factual dispute concerning the proper computation of the statute of limitations “is for the jury to decide, not the judge at a pretrial testimonial motion hearing.” By contrast to a statute of limitations, which supplies a potential defense to prosecution, the OPA provides immunity from prosecution itself, starting with the arrest and charging phase. As such, Ochmanski is distinguishable.

The Court’s distinction regarding immunity starting at the arrest and charging phase is questionable. It will be very rare circumstance in which a defendant has the knowledge to raise the issue at such an early point and even less likely that a would-be arresting officer would be guided by an overdosing defendant’s claims as opposed to erring on the side of arresting and leaving the dismissal decision to the prosecutor.

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
Fred is a detail minded attorney that works tirelessly to get the job done right. If you need help Fred knows how to take care of your issues. Fred has years of experience and will work hard for justice for his clients. Fred is easy to talk to and has great communication skills!
Gibson H
Google star 1Google star 2Google star 3Google star 4Google star 5
I got my life back together because of this man he is quick,strategic,and will get you threw almost any criminal matter.When things are looking rough legal wise he will fight for you…FRED SISTO THE WAY TO GO!!!
Byron P
Google star 1Google star 2Google star 3Google star 4Google star 5
Mr. Sisto provides outstanding support and guidance, he is absolutely very quick to respond to your initial inquiry and stands by you throughout your legal circumstances. I highly recommend Mr. Sisto to assist you in your time of need! You will truly be thankful you used his expertise and services!
Ej W
Google star 1Google star 2Google star 3Google star 4Google star 5
For the people. For the little guy My legal bully
Glennlykesmusic
Google star 1Google star 2Google star 3Google star 4Google star 5
Estoy realmente satisfecho con el excelente trabajo que hizo el abogo en mi caso de DIU. Agradecido por que el caso fue un éxito, ya que además tiene mucho conocimiento en estos casos y no dudo que en otros casos también. Lo recomiendo totalmente.
Luis A
Google star 1Google star 2Google star 3Google star 4Google star 5
Antes que todo le doy las gracias señor Frederick P Sisto por representarme legalmente es usted un excelente abogado que habla con la verdad desde el principio es usted un abogado profesional que que sabe bien lo que hace ante los juzgados sin importar mi estatus legal en este país me represento con respeto y sobre todo muy profesionalmente y pudo hacer q bajaran mi delito de segundo grado a tercer grado y lo mejor que no permitió que me dieran tempo en carcel mi familia y yo estamos muy agradecidos con usted Puedo recomendar al señor abogado Frederick P Sisto como un excelente abogado y sin duda COMO UNO DE LOS MEJORES DEL ESTADO DE NEW JERSEY First of all I thank you Mister Frederick P Sisto for representing me legally you're an excellent lawyer who speaks to the truth from the beginning you are a professional lawyer who knows well what you do before the courts regardless of my legal status in this P Country I represent with respect and especially very professionally and could make Q lower my second-degree offense to third grade and the best I did not allow me to give tempo in jail my family and I are very grateful to you I can recommend Mr. Freder Attorney Ick P Sisto as an excellent lawyer and certainly as one of the best in the state of NEW JERSEY
Raul F
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred is extremely knowledgeable and so helpful. I would recommend him to anyone. He really goes above and beyond. He cares about his work and his clients.
Kevin M
Google star 1Google star 2Google star 3Google star 4Google star 5
I would highly recommend Frederick Sisto to anyone seeking legal representation that is fair, honest and will keep your best interest forefront. should the situation arise, i would not hesitate to seek representation from Frederick Sisto again.
Rmean
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
Very dedicated lawyer. Highly recommend he communicates very well with you. If you have any doubts he’s always there to answer my questions or concerns. Super nice and understanding, definitely deserves 5- stars in my book .
Hirma O