In Doe v. Groody, decided on March 19, 2004, the majority held that it was clearly established that unless a search warrant specifically incorporates a police officer’s sworn statement (the affidavit) made at the time that a warrant is requested, the scope of the warrant may not be broadened by language in the affidavit. The […]
Evidence and Conviction Thrown Out as a Result of Fred Sisto’s Trial Work
I contested a motion to suppress physical evidence in the case of State v. Xiomara Gonzales from January through May of 2011. After the trial court denied my motion, an appeal was taken. On April 6, 2015, the appellate division reversed the trial court’s decision. The result was that Ms. Gonzales’ conviction was thrown out and […]
Aggravated Sexual Assault Reversed Conviction
In State v. Luis Santiago, decided on January 28, 2015, the Appellate Division reversed an aggravated sexual assault conviction based on subsection N.J.S.A. 2C:14-2(a)(3), because there was no evidence presented that the assault occurred during an assault “on another”. Although the Santiago opinion was unpublished, meaning that it is not binding on lower courts, but […]
S.L.A.P. as an Alternative to Jail
The question that often arises when faced with mandatory imprisonment is whether a labor program can be substituted for jail. The short answer is “no”. N.J.S.A. 2B:19-5 is the law that requires the sheriff “or other authorized officer” of each county in New Jersey to establish a labor assistance program as an alternative to direct […]
Client Faced 5 Years In Prison – Drug Charges Dismissed
Your defense lies in the details. Oftentimes, by examining the prosecution’s own evidence, I am able to find the smallest minutiae that could get the charges reduced, or even dismissed. Case Study One of my clients was charged with third degree distribution of alprazolam and other related offenses. He was facing five years in prison on the […]
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