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 >> Juries and Representative Cross Sections (Part 3)

October 22, 2021 by Fred Sisto

Juries and Representative Cross Sections (Part 3)

Justice Solomon continued in relevant part: The juror yield for pools summoned beginning on September 21, 2020 was comparable to the Bergen Vicinage’s February 2020 yield. Defense counsel attacked the hybrid process, claiming a lack of transparency and of juror demographic data; the purportedly unclear standards with which prospective jurors were excused and deferred; and the possibility that prospective jurors who were older, of modest means, and/or lacking in technological access were disproportionately excluded. The trial court rejected defendant’s contentions both as time-barred under Rule 1:8-3(b) and on the merits, opining that the pre- and post-pandemic selection processes were substantially similar, and that defendant’s arguments were “based on nothing more than conjecture and innuendo spun from inaccurate information and rumors.”

After the Appellate Division affirmed, defendant was convicted of and sentenced for resisting arrest/eluding, terroristic threats, attempted aggravated arson, and attempted aggravated assault. The Court granted direct certification “limited to defendant’s challenge to the hybrid virtual/in-person jury selection procedure.”

The pre-voir dire disqualification, excusal, or deferral of jurors is not a stage at which defendant is entitled to be present or be represented, and defendant has failed to support his representative-cross-section claim. In recognition of the important issues raised, but not nearly substantiated, in this appeal and to better assist New Jersey courts in preventing potential underrepresentation and irregularities stemming from the hybrid process and other facially neutral selection procedures, the Court directs the AOC to begin collecting jurors’ demographic information.

The trial court correctly determined that defendant’s filed challenge was untimely. Rule 1:8-3(b) directs that “[a] challenge to the array shall be decided before any individual juror is examined.” Relaxation of that time-bar is granted only upon a prima facie showing of actual prejudice to defendant’s right to a fair and impartial jury. Here, defendant waited for two hours and through the questioning of thirteen prospective jurors before filing his challenge, and counsel’s reliance on notice of a likely challenge to the jury pool is unpersuasive. Further, defendant does not set forth a prima facie claim of actual prejudice warranting relaxation of Rule 1:8-3(b)’s time-bar.

Politics and the current social climate must have played a role in the Court’s decision to grant certification on this race-based issue. These are important strategic consideration with regard to the preservation of issues for appeal.

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

Testimonials

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   

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   

Thanks to Fred I have no criminal record whatsoever.

Luke A   

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   
See More Testimonials

Recent Posts

  • Drug Recognition Evidence (Part 3)
  • Drug Recognition Evidence (Part 2)
  • Drug Recognition Evidence (Part 1)
  • Shoplifting and Sales Tax (Part 2)
  • Shoplifting and Sales Tax (Part 1)
  • Handgun Permit-To-Carry Applications (Part 3)
  • Handgun Permit-To-Carry Applications (Part 2)
  • Handgun Permit-To-Carry Applications (Part 1)

Recent Speaking Engagement

Site Disclaimer

Attorney Referral Fees

Frederick P Sisto has earned Lawyer Legion's recognition for Community Leadership
 
Top Criminal Defense Attorney in Brick

Law Office of Frederick P. Sisto

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

Brick Township Office*:
223 Drum Point Road, Suite 1
Brick Township, NJ 08723

Sea Girt Office*:
2150 NJ-35,
Suite 225
Sea Girt, NJ 08750

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

en English
en Englishes Spanish