by Fred Sisto | Jan 7, 2018 | Blog, Criminal Law, Drug Crime
In its adoption of N.J.S.A. 2C:35-14, the Legislature established an exception to the presumption of incarceration for first and second-degree offenders that is independent of any determination required under N.J.S.A. 2C:44-1(d). Although a probationary sentence...
by Fred Sisto | Jan 5, 2018 | Blog, Criminal Law, Drug Crime
The State argues defendant was convicted of second-degree leaving the scene of a fatal accident, N.J.S.A. 2C:11-5.1, and was therefore subject to the presumption of incarceration. The State reasons that because the court imposed the non-custodial sentence of special...
by Fred Sisto | Jan 3, 2018 | Blog, Criminal Law, Drug Crime, New Jersey
On November 21, 2017, a three-judge appellate panel decided the Camden County Superior Court case of State v. Hyland. The principle issue under N.J.S.A 2C:44-7 was whether the State has the authority to appeal the sentencing of a defendant to special Drug Court...
by Fred Sisto | Sep 5, 2017 | Blog, Criminal Law, Drug Crime, Law Reform and Amendments, Monmouth County, Ocean County
The bill was amended and merged into a committee substitute with other bills that proposed various amendments to Chapter 52, mainly to reduce the waiting periods for expungements. See Assembly Committee Substitute for Assembly Bill Nos. 206, 471, 1663, 2879, 3060 and...
by Fred Sisto | Sep 3, 2017 | Blog, Criminal Law, Drug Crime, Law Reform and Amendments, Monmouth County, Ocean County
We add that the public interest showing, based on the statute’s plain language, pertains only to convictions described in N.J.S.A. 2C:52-2(c)(3). If the person meets the public interest test regarding an identified third- or fourth-degree conviction, then his or...
