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Home >> News >> Page 2

February 9, 2016 by Fred Sisto

Pre-Trial Intervention Program (PTI) – (Part 3)

To overcome a program director’s PTI denial, the accused must establish arbitrary or capricious conduct amounting to an abuse of discretion, by a preponderance of the evidence. State v. Lopes, 289 N.J. Super. 460, 478-79 (Law Div. 1995). The preponderance of the evidence standard, as opposed to “clear and convincing evidence” should apply when the […]

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

February 7, 2016 by Fred Sisto

Pre-Trial Intervention Program (PTI) – (Part 2)

PTI appeals shall be brought within 10 days after receipt of the rejection notice. R. 3:28, Guideline 6. The time limits for processing P.T.I. applications are designed to facilitate speedy trials and to enable the complete processing of a defendant’s application before the pretrial conference. R. 3:28, Official Comment to Guideline 6. It would be […]

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

February 5, 2016 by Fred Sisto

Pre-Trial Intervention Program (PTI) – (Part 1)

The pre-trial intervention program (PTI) is often a defendant’s only shot at avoiding a felony record. The program is similar to a term of probation with two significant distinctions. One, it is only for applicants who have never been convicted of a felony and have never taken advantage of the PTI program in the past […]

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

February 3, 2016 by Fred Sisto

Municipal Court Diversion Programs (Part 4)

(2) Nothing in this act shall preclude a defendant charged with any disorderly persons offense or petty disorderly persons offense under chapter 35 or 36 of Title 2C from applying to the court for admission into the conditional discharge program in accordance with N.J.S. 2C:36A-1. In addition to the eligibility criteria enumerated in this section, […]

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

February 1, 2016 by Fred Sisto

Municipal Court Diversion Programs (Part 3)

b. (1) A defendant shall not be eligible for participation in the conditional dismissal program if the offense for which the person is charged involved: (a) organized criminal or gang activity; (b) a continuing criminal business or enterprise; (c) a breach of the public trust by a public officer or employee; (d) domestic violence as […]

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

January 30, 2016 by Fred Sisto

Municipal Court Diversion Programs (Part 2)

2C:43-13.1. Eligibility and Application. a. Eligibility and Application. Whenever any defendant who has not been previously convicted of any petty disorderly persons offense, disorderly persons offense or crime under any law of the United States, this State or any other state, and who has not previously participated in conditional discharge under N.J.S.2C:36A-1, supervisory treatment under […]

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

January 28, 2016 by Fred Sisto

Municipal Court Diversion Programs (Part 1)

Regarding municipal court diversions programs, there are two. The newer prgram that was signed into law in 2013 is the “conditional dismissal program.” It is relatively new program designed to divert disorderly persons offenses unrelated to marijuana and drug paraphernalia. The latter two offenses are addressed by the other municipal court diversion program, the conditional […]

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

June 20, 2015 by Fred Sisto

Toms River—Increase in Drug Crime

There is no doubt that New Jersey is faced with a serious drug problem that is only intensifying. At first glance, the Garden State’s statistics can be misleading. In Ocean County, drug-overdose deaths fell from 121 in 2013 to only 86 in 2014. This might suggests drug crime and usage is decreasing. Or, it may […]

Filed Under: Blog, Criminal Law, Drug Crime, News Tagged With: Drug Crimes

June 10, 2015 by Fred Sisto

New Jersey State Police Using Facebook to Catch Criminals

Social media has completely changed the way our society functions daily. The movement toward this digital age began with the introduction of Facebook in 2004. In a little over 11 years, Facebook has gained 1.4 billion users worldwide. A staggering 47% of all people who use the Internet are on Facebook. Whether or not you […]

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

May 20, 2015 by Fred Sisto

Those Who Sacrifice Liberty for Security Deserve Neither

As mentioned in the boater’s rights blog, the New Jersey State Constitution provides the ceiling of our rights, while the United States Constitution provides the floor.  Put another way, police in all 50 states cannot violate the rights protected by the federal constitution, while individual states are free to either lock-step with federal constitution case […]

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

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Recent Posts

  • Contempt and Restraining Orders (Part 2)
  • Contempt and Restraining Orders (Part 1)
  • Sex Offenses and Ex Post Facto Laws (Part 3)
  • Sex Offenses and Ex Post Facto Laws (Part 2)
  • Sex Offenses and Ex Post Facto Laws (Part 1)
  • Juvenile Life Sentences
  • Gubernatorial Pardons and Expungements (Part 2)
  • Gubernatorial Pardons and Expungements (Part 1)

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