Fred Sisto | Criminal Attorney | Ocean and Monmouth County

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Home >> News

November 22, 2019 by Fred Sisto

The De Minimis Statute (Part 3)

Judge Katz continued in relevant part: Such an argument is unpersuasive. J.T. indicated and defendant conceded that “huge rockets” referred to the child’s breasts. See supra at pp. 5-6. Such a request, in light of all the circumstances, was neither facetious nor couched in humor. It was made by an adult male to an underage […]

Filed Under: Blog, Criminal Law, Monmouth County, News, Ocean County

April 10, 2017 by Fred Sisto

Race & Future Dangerousness: Part 4

The applicable test further requires a defendant to demonstrate prejudice—”a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different.” It is reasonably probable that without Dr. Quijano’s testimony on race and violence, at least one juror would have harbored a reasonable doubt on the question of his […]

Filed Under: Blog, Criminal Law, New Jersey, News Tagged With: Criminal Justice

April 8, 2017 by Fred Sisto

Race & Future Dangerousness: Part 3

In a 6-2 decision, the Supreme Court of the United States held that the Fifth Circuit exceeded the limited scope of the COA analysis. The COA statute sets forth a two-step process: an initial determination whether a claim is reasonably debatable, and, if so, an appeal in the normal course.  At the first stage, the […]

Filed Under: Criminal Law, New Jersey, News Tagged With: Criminal Justice

April 6, 2017 by Fred Sisto

Race & Future Dangerousness: Part 2

Buck contends that his attorney’s introduction of this evidence violated his Sixth Amendment right to the effective assistance of counsel. He failed to raise this claim in his first state post conviction proceeding. While that proceeding was pending, this Court received a petition for certiorari in Saldano v. Texas, a case in which Dr. Quijano […]

Filed Under: Blog, Criminal Law, New Jersey, News Tagged With: Criminal Justice

April 4, 2017 by Fred Sisto

Race & Future Dangerousness: Part 1

The case of Buck v. Davis was decided by the Unites States Supreme Court on February 22, 2017. Petitioner Duane Buck was convicted of capital murder in a Texas court. Under state law, the jury was permitted to impose a death sentence only if it found unanimously and beyond a reasonable doubt that Buck was […]

Filed Under: Blog, Criminal Law, New Jersey, News Tagged With: Criminal Justice

March 21, 2017 by Fred Sisto

State vs. Bryant

On November 10, 2016, in State v. Charles, Bryant, Jr., a unanimous New Jersey Supreme Court was called upon to determine whether the circumstances supported a police officer’s determination to conduct a warrantless protective sweep in the defendant’s home. Officers were dispatched to a report of domestic violence when a woman called 911 to report […]

Filed Under: Blog, Criminal Law, News, Warrants Tagged With: Criminal Law

March 2, 2016 by Fred Sisto

In The News – Fred Sisto Defends Brick Physician Assistant

Fred Sisto was recently hired for a high profile case in Brick, New Jersey.  A physician assistant in Brick is facing a series of charges for allegedly distributing prescription drugs illegally.  Many news sources are covering the story.  The Asbury Park Press stated the following: “A physician assistant faces a series of charges after Monmouth […]

Filed Under: Blog, Criminal Law, News

February 15, 2016 by Fred Sisto

Pre-Trial Intervention Program (PTI) – (Part 6)

The PTI appeal, while labor-intensive, is the defendant’s first opportunity to not only point out their own positive attributes, but to also point to the alleged facts of their cases that support admission. It is very effective to use the state’s own police reports to justify PTI admission. A searching review of these reports in […]

Filed Under: Blog, Criminal Law, News Tagged With: Criminal Law, Legal Procedures

February 13, 2016 by Fred Sisto

Pre-Trial Intervention Program (PTI) – (Part 5)

While the plain language of our criminal code does not distinguish between theses two very different types of “distribution”, the unique features of a PTI applicant’s case must be considered. See Nwobu, at 255 (holding that PTI decisions are primarily individualistic in nature and a prosecutor must consider an individual defendant’s features). Logic dictates that […]

Filed Under: Blog, Criminal Law, News Tagged With: Criminal Law, Legal Procedures

February 11, 2016 by Fred Sisto

Pre-Trial Intervention Program (PTI) – (Part 4)

To apply Guideline 3(i) and the long out-dated narcotics scheduling of marijuana under these circumstances (mentioned in part 3 of this blog) would lead to an absurd result. The narcotics schedules were published in 1970. See N.J.S.A 24:21-1 et seq. In 1972, a congressionally created commission called the National Commission on Marijuana and Drug Abuse, […]

Filed Under: Blog, Criminal Law, News Tagged With: Criminal Law, Legal Procedures

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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.

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Recent Posts

  • Permits to Carry and Sensitive Places (Part 1)
  • Drug Recognition Evidence (Part 6)
  • Drug Recognition Evidence (Part 5)
  • Drug Recognition Evidence (Part 4)
  • Drug Recognition Evidence (Part 3)
  • Drug Recognition Evidence (Part 2)
  • Drug Recognition Evidence (Part 1)
  • Shoplifting and Sales Tax (Part 2)

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