by Fred Sisto | Feb 4, 2018 | Blog, Criminal Law, Drug Crime, New Jersey
In State v. Keyes, the Court held that a confidential informant’s tip could serve as the basis for issuing a warrant if there is “substantial evidence in the record to support the informant’s statements.” Although police could not observe the...
by Fred Sisto | Jan 30, 2018 | Blog, Criminal Law, Drug Crime, New Jersey
The trial court subsequently issued a warrant to search Boone, his residence, and his car. Police executed the search warrant on September 7, 2012, and found between one-half and five ounces of cocaine and an illegal handgun in Unit 4A. They then arrested defendant....
by Fred Sisto | Jan 13, 2018 | Blog, Criminal Law, Drug Crime
The 1999 amendment to N.J.S.A. 2C:35-14 undermines the State’s position that N.J.S.A. 2C:44-1(f)(2) permits the State to appeal a special probation Drug Court sentence. If N.J.S.A. 2C:44-1(f)(2) already authorized the State to appeal special probation Drug Court...
by Fred Sisto | Jan 11, 2018 | Blog, Criminal Law, Drug Crime
In its imposition of defendant’s Drug Court sentence, the court did not apply the presumption of incarceration under N.J.S.A. 2C:44-1(d), nor could it. The court never made findings permitting defendant to overcome the presumption of incarceration, and the court...
by Fred Sisto | Jan 9, 2018 | Blog, Criminal Law, Drug Crime
The aforementioned nine factors are: (1) the person has undergone a professional diagnostic assessment to determine whether and to what extent the person is drug or alcohol dependent and would benefit from treatment; and (2) the person is a drug or alcohol dependent...
