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 >> Official Misconduct Sentencing Downgrades (Part 4)

June 11, 2020 by Fred Sisto

Official Misconduct Sentencing Downgrades (Part 4)

Here, Trinidad’s proffered evidence that he was a model citizen who dedicated substantial portions of his adult life to public service and generously provided financial support to family members during times of hardship led the judge to find mitigating factors seven and nine. See N.J.S.A. 2C:44-1(b)(7) and (9). In addition, the judge found mitigating factor eight because the offense was out of character and, having already lost his job, Trinidad was unlikely to reoffend under like circumstances. See N.J.S.A. 2C:44-1(b)(8). The judge, however, applied aggravating factor nine after finding there was need to deter other police officers from engaging in similar conduct. See N.J.S.A. 2C:44-1(a)(9). In weighing those factors, the judge held that the mitigating factors were not so “extraordinary” as to merit waiver or reduction of the mandatory minimum prison term and did not overcome the need to deter such conduct by police officers.

We agree. The fact remains that Trinidad brutally assaulted a defenseless person who was not resisting arrest. He then lied to cover up his crimes so he could keep his job and knowingly caused the State to bring unsupported, serious charges against Jeter. His predicament is self-imposed and certainly does not outweigh the general deterrence gained by his imprisonment. He simply has not made the requisite showing for waiver or reduction of his mandatory minimum sentence. Accordingly, we find the judge did not abuse his discretion in sentencing Trinidad.

Trinidad also appeals the trial judge’s denial of his motion for judgment of acquittal. Applying the same standard as the judge, we review for whether the State’s evidence was sufficient to warrant a conviction. R. 3:18-1. However, giving the State the benefit of “all of the favorable inferences” that we could draw from the evidence, we agree with both the trial judge and Appellate Division that a reasonable jury could find the defendant guilty of each charge. See State v. Reyes (1967). From our review of the record, we are satisfied that the strength of the State’s case leads to no other conclusion. For the reasons set forth, the judgment of the Appellate Division is affirmed.

This case likely cost the taxpayers of New Jersey millions of dollars. The man beaten by the defendant police officer received a 1.6-million-dollar civil judgment. On top of that, Trinidad qualified for the services of the public defender before the appellate division and New Jersey Supreme Court. Taxpayers will be on the hook for any of those related legal fees that can not be garnished from Trinidad. Additionally, the prosecution of a jury trial and two levels of appeals was also tax-payer funded. On the other hand, taxpayers will likely not have to pay the pension and retirement benefits that a police officer who was not convicted of official misconduct would otherwise receive.

Filed Under: Blog, Criminal Law, 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

  • Plea Agreements and New Charges (Part 2)
  • Plea Agreements and New Charges (Part 1)
  • Youth and Withholding Imprisonment (Part 2)
  • Youth and Withholding Imprisonment (Part 1)
  • Marijuana and Diversionary Programs (Part 4)
  • Marijuana and Diversionary Programs (Part 3)
  • Marijuana and Diversionary Programs (Part 2)
  • Marijuana and Diversionary Programs (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