Laurick-Relief

by | Jun 21, 2016 | Blog, Criminal Law, DUI, Traffic Stops

Fred Sisto Criminial Defense Attorney DUIWhen facing an additional DUI charge after your first offense, the penalties increase dramatically and in many cases include a jail sentence.  Depending on the circumstance, however, there is something known as “Laurick relief” that could be granted by the court in certain situations.  Laurick relief was created after a case in 1990 that allowed the court to grant reduced penalties to anyone facing their second or third DUI charge after not being represented by legal counsel in their previous DWI offense(s).  The case lasted 5 months and it was ultimately decided that the penalties Laurick was facing were too high considering his previous uncounseled case.  The New Jersey Supreme Court held:

“There are two aspects of our analysis. The first is constitutional analysis of the limits on a state’s power to impose recidivist penalties on the basis of uncounseled convictions. The second is a more familiar judicial analysis of what constitutes good cause for collateral relief from an earlier judgment of conviction.

We hold that with the exception that a prior DWI conviction that was uncounseled in violation of court policy may not be used to increase a defendant’s loss of liberty, there is no constitutional impediment to the use of the prior uncounseled DWI conviction to establish repeat-offender status under DWI laws. With respect to collateral consequences of an uncounseled conviction other than a loss of liberty, any relief to be afforded should follow our usual principles for affording post-conviction relief from criminal judgments, namely, a showing of a denial of fundamental justice or other miscarriage of justice.”

This decision has been used by defense attorneys throughout the state.  It is a common practice by defense attorneys to analyze a client’s prior DUI convictions when he/she is facing a second or third charge.  Laurick relief is just one of many ways to minimize the harsh potential penalties for multiple DUI offenders.

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 was excellent and helped my son deal with a issue in PPB, despite being a long distance away. He is very thorough and knows how to navigate the ins and outs of the local legal waters.
Bruces
Google star 1Google star 2Google star 3Google star 4Google star 5
always feel better knowing I don't need to be stopped when I haven't done anything wrong it's a great service and gives me peace of mint
Liesel T
Google star 1Google star 2Google star 3Google star 4Google star 5
Called back within 10 minutes,very easy to talk to. Not judgmental at all. I am hopeful about the outcome.
Colleen H
Google star 1Google star 2Google star 3Google star 4Google star 5
Fantastic lawyer, I had two charges that were thankfully dropped thanks to Fred. If you're looking for a great lawyer, Fred Sisto is the guy to call. 5 stars. Thank you Fred Sisto.
Dan M
Google star 1Google star 2Google star 3Google star 4Google star 5
I called Mr. Sisto a few weeks back and he returned the call immediately! I asked a few questions and he clearly explained the options for one of my employees. He then followed up with a detailed proposal. He was completely knowledgeable, helpful and insightful. If I ever had to use him I would feel VERY comfortable with his representation.
Dave P
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred sisto was an absolute life saver in my case I would recommend him to anyone in the future if needed.
Nelson C
Google star 1Google star 2Google star 3Google star 4Google star 5
Great that Fred posts DUI for Monmouth County!
David F
Google star 1Google star 2Google star 3Google star 4Google star 5
I recently retained Mr. Fred Sisto to represent my son regarding a very serious legal matter. If not handled correctly these charges could have resulted in bad consequences for my son's future prospects. Mr. Sisto's knowledge of the criminal justice system is evident since he was able to get all charges dropped as well as getting them expunged from his record. If you need a criminal justice attorney who will respond quickly to all your questions and concern,as well as achieve a satisfactory solution to your case I strongly recommend Attorney Fred Sisto.
Joseph M
Google star 1Google star 2Google star 3Google star 4Google star 5
That’s my lawyer he’s the greatest
Donald J
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred was incredibly helpful during a very stressful time. Even during a pandemic he was fast at responding to any and all questions or problems that I had. He went above and beyond to make sure that I was happy with my results and that my case was being handled properly all the way through. Highly recommend this office!
Toni V