by Fred Sisto | Feb 26, 2018 | Blog, Criminal Law, New Jersey, Violent Crimes
On December 26, 2017, a three-judge appellate panel decided the Atlantic County case of State v. Belton. The principle issue arose under N.J.S.A. 2C:3-5 “Use of Force for the Protection of Other Persons.” It was whether Belton was entitled to have his guilty plea to...
by Fred Sisto | Jan 25, 2018 | Blog, Criminal Law, New Jersey
Here, we conclude that convicting defendant of driving while suspended for a second or subsequent DWI conviction when he only has one prior DWI conviction would constitute a miscarriage of justice. Furthermore, sentencing defendant to the minimum imprisonment of 180...
by Fred Sisto | Jan 23, 2018 | Blog, Criminal Law, DUI
At her trial, the defendant in Sylvester argued she was not guilty of violating N.J.S.A. 2C:40-26(b), asserting her license was not validly suspended at the time of the alleged offense because the conviction was subsequently vacated. The trial court rejected this...
by Fred Sisto | Jan 21, 2018 | Blog, Criminal Law, DUI
On November 29, 2017, a three-judge Appellate Division panel decided the Essex County case of State v. Leon Faison. The principle issue was whether a defendant could be convicted of fourth-degree driving while his license was suspended for a second or subsequent DWI...
by Fred Sisto | Jan 19, 2018 | Blog, Criminal Law, New Jersey
Judge Lisa had previously issued a related stay Order in the case of State v. Eileen Cassidy. Note that the prosecution moved for a stay, as opposed to the attorney for Ms. Cassidy. The stay avoids an administrative nightmare if numerous pending cases resolved and...
