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 >> Sentencing Considerations and Acquittals (Part 2)

November 15, 2021 by Fred Sisto

Sentencing Considerations and Acquittals (Part 2)

The New Jersey Supreme Court continued in relevant part: The trial judge abused his discretion by finding Melvin was the shooter by a preponderance of the evidence and considering that conduct in his sentencing decision.” At the retrial of the deadlocked counts, Melvin was acquitted of murder and aggravated assault, and the State dismissed the drug charges. The same judge who presided over the first trial and sentencing handled Melvin’s retrial and resentencing. The judge again cited Watts in his determination that “the evidence at the trial supported a conclusion that Melvin was the shooter of the two individuals” at the restaurant, adding, contrary to the jury’s verdict, that Melvin “not only . . . possessed said weapon, but he used it to shoot upon three other human beings.” The trial court resentenced Melvin to an extended term, which the Appellate Division affirmed on appeal. The Court granted Melvin’s petition for certification, “limited to the issue of whether the sentencing judge could consider defendant’s conduct even though the jury acquitted defendant of the underlying crimes.” 240 N.J. 549 (2020).

In State v. Paden-Battle, Paden-Battle was indicted in connection with the murder of Regina Baker for offenses including kidnapping, murder, felony murder, gang criminality, and weapons offenses. After a trial — before the same judge who presided over Melvin’s trials and sentencings — the jury convicted Paden-Battle on the charges of kidnapping, conspiracy to commit kidnapping, and felony murder, and acquitted PadenBattle of first-degree murder, conspiracy to commit murder, and both weapons offenses. In sentencing Paden-Battle to sixty years’ imprisonment, the judge noted that “Regina Baker would be alive today” if not for Paden-Battle, who, the court added, “was the mastermind” of Baker’s kidnapping and execution. The court stated that PadenBattle “was in charge” because, “although she did not pull the trigger,” the shooters “did so on her orders.” On appeal, the Appellate Division affirmed Paden-Battle’s convictions but vacated her sentence and remanded the matter for resentencing. 464 N.J. Super. 125, 131 (App. Div. 2020). The court concluded that there was “no doubt that the sentence was enhanced because the judge believed defendant ordered Baker’s execution,” “despite the jury verdict, and enhanced the sentence imposed.” Id. at 151. The New Jersey Supreme Court granted certification, limited to the sentencing issue. 244 N.J. 233 (2020).

These consolidated appeals demonstrate the behind-the scenes considerations that go into judge’s and prosecutors’ decisions. At the time that these issues were decided by the trial courts and the related decisions were made to raise the issues on appeal. The trial courts and Attorney General’s Office was likely anticipating a different result in light of the New Jersey Supreme Court’s pro-prosecution trend in the wake of former Governor Christie’s judicial appointments.

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 3)
  • 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)

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