On August 4, 2020, the New Jersey Supreme Court decided the case of State v. Juan E. Cruz-Pena. The principal issue under N.J.S.A. 2C:13-1 was whether confining a victim on a porch for hours was incidental to the underlying sexual assault or whether it could support a kidnapping conviction. Justice Albin wrote for a unanimous […]

The Appellate Division concluded with the following in relevant part: Moreover, the plea court here specifically stated it did not know the effect of “going into PTI with a guilty plea,” then stated defendant should “assume the worst.” But it was not the court’s ultimate responsibility to advise defendant about the immigration consequences of his […]

Judge Rose continued in relevant part: As we recently observed, “where a defendant has neither acknowledged guilt, nor entered a guilty plea, successful completion of PTI would not constitute a ‘conviction’ under the INA.” State v. L.G.-M., (2020), certif. denied, ___ N.J. ___ (2020) (citing Pinho v. Gonzales, 432 F.3d 193, 215-16 (3d Cir. 2005)). Notably, in Pinho, the Third Circuit […]

The appellate panel continued in relevant part: In Padilla, the United States Supreme Court recognized “our law has enmeshed criminal convictions and the penalty of deportation.” 559 U.S. at 365-66. When the removal consequence flowing from a charge is clear, “an attorney must tell a client when removal is mandatory.” On the other hand, if “the law is […]

On July 24, 2020, a three-judge appellate panel decided the Passaic County case of State v. Amir Aburoumi. The principal issue under N.J.S.A. 2C:43-2 was whether the defendant was entitled to a post-conviction relief hearing regarding the immigration advice that he received from his attorneys. Judge Rose wrote for the panel in relevant part: Where, […]

Justice Rabner concluded in relevant part: Ultimately, a grand jury indicted the defendant for stalking as well as multiple counts of contempt for violating the court orders. Id. at 173-74. A jury convicted him, and the violations of no-contact orders provided a basis to elevate a stalking conviction to a third-degree offense. Id. at 174. Among other arguments on […]

The Court continued in relevant part: In both rulings, the Appellate Division discussed remedies other than contempt under the respective statutory schemes. See Williams (revocation of probation and resentencing under N.J.S.A. 2C:45-3(a); S.S. (enforcement of litigant’s rights under N.J.S.A. 2A:4A-86). To the extent the analysis in those cases applies here, it does not undermine our conclusion. No-contact orders under the CJRA are […]

Justice Rabner continued in relevant part: We note as well that N.J.S.A. 2C:29-9 states that a violation of an order entered under any of the following statutes or circumstances may be subject to a contempt prosecution: the Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17 to -35; the Sexual Assault Survivor Protection Act, N.J.S.A. 2C:14-13 to -21; the Extreme Risk Protective Order Act, N.J.S.A. 2C:58-20 to -32; […]

On July 20, 2020, the New Jersey Supreme Court decided the Morris County cases of State v. Antoine McCray and State v. Sahaile Gabourel. The principal issue under N.J.S.A. 2C:29-9 was whether the prosecution can bring a contempt charge for violating the conditions of pretrial release. Writing for a unanimous Court, Justice Rabner held in […]

The New Jersey Supreme Court continued in relevant part: We are satisfied that defendant entered a guilty plea under the terms of the negotiated plea agreement, knowingly and without any objection, to an offense for which the CDRA specifies a mandatory extended term and parole-ineligibility period, as required by Section 12. It is clear in […]