by Fred Sisto | Jan 30, 2016 | Blog, Criminal Law, News
2C:43-13.1. Eligibility and Application. a. Eligibility and Application. Whenever any defendant who has not been previously convicted of any petty disorderly persons offense, disorderly persons offense or crime under any law of the United States, this State or any...
by Fred Sisto | Jan 28, 2016 | Blog, Criminal Law, News
Regarding municipal court diversions programs, there are two. The newer prgram that was signed into law in 2013 is the “conditional dismissal program.” It is relatively new program designed to divert disorderly persons offenses unrelated to marijuana and...
by Fred Sisto | Jan 26, 2016 | Appeals, Blog, Criminal Law, Legal Procedures
In general, the legitimate concern of the court with regard to setting bail is to ensure that the defendant will appear in court when required. State v. Johnson, 61 N.J. 361 (1972). More specifically, bail pending appeal shall be granted “if it appears that the...
by Fred Sisto | Jan 24, 2016 | Appeals, Blog, Criminal Law, Legal Procedures
Prison-bound defendants generally fall into two categories. The first category involves those who are convicted of a first or second degree crime. The second category deals with those whose prior records are bad and are therefore not amenable to probationary...
by Fred Sisto | Dec 23, 2015 | Blog, Criminal Law, Jail Time and Probation, Legal Procedures
A court may consider other matters that it finds mitigating even if not listed in the statute. State v. Rice, 425 N.J. Super. 375, 381 (App. Div. 2012). In addition to the enumerated mitigating factors, restrictions on the defendant that will not serve to offset the...
