by Fred Sisto | Apr 18, 2017 | Blog, Criminal Law, Jail Time and Probation, Legal Procedures, Monmouth County, Ocean County
The Moorer Court continued: Thus, a party seeking a lesser-included offense charge must show “(1) that the requested charge satisfies the definition of an included offense set forth in N.J.S.A. 2C:1-8d, and (2) that there is a rational basis in the evidence to...
by Fred Sisto | Apr 16, 2017 | Blog, Criminal Law, Jail Time and Probation, Legal Procedures, Monmouth County, Ocean County
In State v. Moorer, Docket No. a-2922-14 (App. Div. 2016), a Salem County case decided on December 29, 2016, the Appellate Division was called upon to interpret N.J.S.A. 2C:1-8, concerning permissible methods of prosecution when conduct constitutes more than one...
by Fred Sisto | Apr 14, 2017 | Blog, Criminal Law, Legal Procedures, Monmouth County, Ocean County
The New Jersey Supreme Court continued: Subsection (a) of N.J.S.A. 2C:44-5 provides that “not more than one sentence for an extended term shall be imposed.” Subsection b provides that, “when a defendant who has previously been sentenced to...
by Fred Sisto | Apr 12, 2017 | Blog, Criminal Law, Legal Procedures, Monmouth County, Ocean County
On January 23, 2017, Justice Timpone wrote for a unanimous New Jersey Supreme Court in the case of State v. Rodney Bull. The central issue was whether State v. Hudson’s prohibiting a second discretionary extended-term for an offense committed before the first...
by Fred Sisto | Apr 2, 2017 | Blog, Criminal Law, Jail Time and Probation, Laws Protecting Children
J.B. pled guilty to second-degree sexual assault and was sentenced in March 1995. Following his release from custody, J.B. initially complied with the Registration Law. In 2006, however, J.B. failed to register and moved from his current address without notifying...
