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 >> PTI and Immigration Consequences (Part 3)

April 26, 2020 by Fred Sisto

PTI and Immigration Consequences (Part 3)

The Appellate panel continued in relevant part: We have recognized the distinct roles of the trial judge and counsel, concluding a “judge’s statements may not be imputed to counsel. The judge is obliged to ascertain that a plea is entered voluntarily . . . . That obligation is related to, but distinct from the attorney’s obligation to render effective assistance.” State v. Blake, (App. Div. 2016). Indeed, during the plea cutoff status conference, the trial judge correctly stated he could not give defendant immigration advice. In any event, the judge only made defendant aware of the potential immigration consequences if defendant were convicted at trial; the judge did not discuss those consequences regarding the successful completion of PTI. The judge told defendant: “if you are found guilty of any of these charges . . . it may well and probably would, I would say almost certainly would, although I’m not giving you advice on immigration, have an effect on your status and I would expect would result in deportation.”

Obviously, we cannot speculate and conclusively say defendant would have been accepted into the PTI program had he made a timely application. The State repeatedly informed the trial court, defendant “certainly appears eligible to apply” to PTI based upon the degree of the charges. But on appeal, the State’s merits brief contains a footnote stating: “For the reasons discussed above, this Office would not accept defendant into PTI.” Those reasons included the nature of the charges, the extent to which defendant may pose a danger to others, the offenses were not “victimless,” and the harm to society by abandoning prosecution where, as here, the charges carry the Megan’s Law consequences of parole supervision for life and registration. Indeed, those factors bode against defendant’s admission into the PTI program but, because defendant never applied for PTI, the summary statement contained in the State’s footnote is not a formal rejection of defendant’s application.

The case will involve the expenditure of significant judicial resources that should have been avoided. If the defendant prevails in his petition for post-conviction relief, he will have his conviction vacated and will likely apply for PTI. The State has already indicated their inclination to reject his application. That will then lead to at least one additional appeal. The case is then likely to result in a jury trial since the defendant will have already amassed 180 days of jail credits and will have little to lose and much to gain.

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