Stalking Statute (Part 3)

by | Apr 24, 2019 | Blog, Criminal Law, Know Your Rights

The Appellate Division continued: Defendant posted multiple videos in the MonkeyCom series to YouTube. The “RU Burger Farms” and “Coming Soon” videos could reasonably be interpreted as expressing defendant’s intent to kill and consume J.R.’s dog, whom she had specifically purchased to protect her from defendant. Defendant’s lewd comments about J.R.’s alleged sexual acts in another video were not “common knowledge” irrespective of their truth or falsity. The tagging of J.R. on the MonkeyCom videos that defendant knew she would see via a Google alert initiated “electronic . . . contact with J.R.” in violation of the ITRO. J.R. was identified by name as a “criminal at large.” Other videos suggested J.R. suffered from mental illness. Because we agree that defendant’s conduct was integral to contempt of the restraining order, and harassing, it was not protected under the First Amendment or the New Jersey Constitution. Therefore, as applied to defendant, the statute was not unconstitutionally overbroad.

Defendant claims the anti-stalking statute is unconstitutionally vague both on its face and as applied to him. When an overbreadth challenge is rejected, “the court should then examine the facial vagueness challenge and, assuming the enactment implicates no constitutionally protected conduct, should uphold the challenge only if the enactment is impermissibly vague in all of its applications.” However, a party “who engages in some conduct that is clearly proscribed cannot complain of the vagueness of the law as applied to the conduct of others.” Ibid. (quoting Hoffman Estates, 455 U.S. at 494-95). Thus, it is defendant’s conduct that must be analyzed not “hypothetical applications of the law.” Ibid. (quoting Hoffman Estates, 455 U.S. at 494-95). Because we conclude the statute is not unconstitutionally vague as applied to defendant, we have no need to address whether the statute is unconstitutionally vague on its face.

The Court’s refusal to consider “hypothetical applications of the law” is consistent with the efficient administration of justice. They are busy enough deciding actual cases. The refusal is also consistent with precedent requiring courts to only reach constitutional issues if it is necessary to do so.

Excellent rating
Based on 288 reviews
Google star 1Google star 2Google star 3Google star 4Google star 5
Google star 1Google star 2Google star 3Google star 4Google star 5
Many thanks to Fred for the posts of where the DWI checkpoints will be held and for the advise to take an Uber when planning a night out!!
Michael K
Google star 1Google star 2Google star 3Google star 4Google star 5
Hired Mr.Sisto to handle a case of mine a couple of months ago and while the service was okay the customer service was awful. When I had inquired about a charge I was unsure of on my bill, Mr. Sisto immediately got defensive and had the unprofessionalism to ask me if I “was high” for asking this question. I wonder if Mr. Sisto asks all of his clients this question or only the ones who have jobs in the cannabis industry? Regardless, I don’t believe this was an appropriate question to ask, regardless of the industry one works in, and therefore Mr. Sisto needs to heavily work on his customer service. Edit: Mr. Sisto had the UNPROFESSIONALISM to reach out to my family and ask them to ask me to take down my review instead of reaching out directly towards me when it was I who was his client, not my family. Clearly speaks to the unprofessionalism surrounding this practice. This has not been the only time Mr.Sisto has gone directly to my family instead of me, his client, for important legal matters and I will not seek out his services again. For those who may not understand Spanish, the email starts with “You should speak to your daughter regarding the review she has just published.” Edit to Response: As an attorney, one should be able to make appropriate questions and comments regardless if a client is “uncooperative” or “disrespectful.” The fact that rather than apologizing for the awful interaction with your firm, and I was not released “within hours” as you claim shows how low value your firm is and how you openly instead chose to harass my family through email for my initial review rather than actually revomy case which I ended up doing and you chareged me for . Regardless of results, your character speaks volumes and anyone who reads this would know better than to give their money to an awful person such as yourself. What a shame
Ximena C
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred is extremely knowledgeable and so helpful. I would recommend him to anyone. He really goes above and beyond. He cares about his work and his clients.
Kevin M
Google star 1Google star 2Google star 3Google star 4Google star 5
I called Mr. Sisto a few weeks back and he returned the call immediately! I asked a few questions and he clearly explained the options for one of my employees. He then followed up with a detailed proposal. He was completely knowledgeable, helpful and insightful. If I ever had to use him I would feel VERY comfortable with his representation.
Dave P
Google star 1Google star 2Google star 3Google star 4Google star 5
Highly professional The lawyer Frederick is a serious and professional person, he helped me a lot in my case, I recommend him a lot to help you too, he is always in contact with you explaining the process, a very patient and kind person.
Ca
Google star 1Google star 2Google star 3Google star 4Google star 5
Always up to date on with his services.
Anthony L
Google star 1Google star 2Google star 3Google star 4Google star 5
Nice to know where to avoid,I drive a taxi and can save time if I know where they are because they tie up traffic.
John M
Google star 1Google star 2Google star 3Google star 4Google star 5
Although I don't know Fred, he has my appreciation in his fight for my liberty. Mothers against drunk driving have ruined as many lives as they have saved. We need bread and butter laws in N. J ! Stopping moterists assuming they are breaking a law is against my rights. N. J. Is a police state with a cop on every corner. From the unjust gas tax to the corruption in Trenton, we need more attorneys like Frederick Sisto. He is aware of the people's shrinking liberties.
Freehold F
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred, Thank you for the notifications on the DUI stops.
Joe F
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred is a fantastic attorney who is very informative, knows the system well, and is very thorough.
Bob V