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 >> Marijuana and Diversionary Programs (Part 3)

January 26, 2023 by Fred Sisto

Marijuana and Diversionary Programs (Part 3)

Judge Mawla continued in relevant part: For these reasons, the holdings in the Middlesex cases cannot stand because they are contrary to the language in the controlling statutes. “A statute cannot be interpreted to abrogate existing law by implication alone,” because “the Legislature is presumed to intend a consistent body of law.” 1A Singer, Sutherland Statutory Constr. at § 23.9. “There is a strong presumption against repealing statutory provisions by implication,” Voss v. Tranquilino (2011), and “every reasonable construction should be applied to avoid a finding of implied repealer.” Twp. of Mahwah v. Bergen Cty. Bd. of Tax’n (1985). Accord N.J. Ass’n of Sch. Adm’rs v. Schundler (2012). Because “implied repealers are disfavored” they are to “be avoided if the two enactments” at issue “can be read harmoniously and sensibly.” Brown v. Jersey City (App. Div. 1996). “When two statutes may stand together, each governing its own sphere of operation, there is no inconsistency from which an intent to repeal may be inferred.” Jackson Twp. Bd. of Educ. v. Jackson Educ. Ass’n ex rel. Scelba, (App. Div. 2000).

N.J.S.A. 2C:52-6.1 is neither inconsistent with, nor repugnant to, the Legislature’s earlier enacted rule permitting only one prior diversionary placement, including conditional discharges under N.J.S.A. 2C:36A-1(c)(3). N.J.S.A. 2C:52-6.1 did not alter the definition of an expunged record or the legal consequences flowing from an expungement. Further, our overall review of CREAMMA does not support the Middlesex cases’ conclusion that the Legislature sought to extinguish “any other collateral consequences” arising from a prior diversionary program because the statute orders the expungement of “any case that . . . includes . . . any disorderly persons offense or petty disorderly persons offense subject to discharge,” as well as “any remaining sentence, ongoing supervision, or unpaid court-ordered financial assessment . . . .” N.J.S.A. 2C:52-6.1. The statute is forward looking and does not contradict N.J.S.A. 2C:42-12(g), limiting PTI to one opportunity. Indeed, the goals of PTI are “to deter future criminal conduct and to provide a one-time diversion from prosecution.” Moreover, possessing cannabis in quantities of less than fifty grams was not only a disorderly persons offense at the time of defendants’ prior diversionary placements, prior possession remains a disorderly persons offense. N.J.S.A. 2C:35-10(a)(4)(a). Therefore, each defendant benefitted by receiving a conditional discharge.

This opinion also overlooks the language in our pretrial intervention court rules that says that diversions should generally only be granted one time. The term “generally” indicates that two diversions can be granted under exceptional circumstances. Legalization of the prior offense would seem to qualify as an “exceptional” circumstance. This is especially true where the PTI applicants have paid fines, undergone probation supervision, performed community service, and the like for an action that is now seen as legal and unworthy of punishment.

Filed Under: Blog, Criminal Law, Drug Crime, Marijuana, 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