by Fred Sisto | Sep 1, 2017 | Blog, Criminal Law, Drug Crime, Law Reform and Amendments, Monmouth County, Ocean County
On August 1, 2017, a three judge Appellate Division panel decided the case of I.M.O. of the expungement of the arrest/charge records of T.B., J.N.-T., R.C. The panel included former Monmouth County Criminal Presiding Judge Vernoia. The principle issue before the Court...
by Fred Sisto | Aug 20, 2017 | Blog, Drug Crime, Monmouth County, Ocean County
This would ensure that defendants would receive prompt drug treatment rather than having to resolve often petty disorderly persons offenses prior to being sentenced into Drug Court. The goal of the Drug Court is to evaluate the need for a client’s treatment and...
by Fred Sisto | Aug 18, 2017 | Blog, Drug Crime, Monmouth County, Ocean County
The way the statute is currently drafted, if a person were to be sentenced into Drug Court today and then go to a municipal court to resolve a pending under-50 grams of marijuana case, they are technically barred from the expungement under N.J.S.A. 2C:35-14(m). While...
by Fred Sisto | Aug 16, 2017 | Blog, Criminal Law, Monmouth County, Ocean County
In a rare published trial court opinion out of Sussex County, a Law division judge decided the case of State v. K.S. on May 22, 2017. The principle issue in the case is whether a defendant is barred from receiving a Drug Court expungement under N.J.S.A. 35-14(m) when...
by Fred Sisto | Jun 11, 2017 | Blog, Drug Crime, Monmouth County, Ocean County
Inclusive language is used elsewhere in N.J.S.A. 2C:35-5(b)(1) to authorize combining substances for the purpose of achieving the five-ounce weight: “Heroin, or its analog, or coca leaves and any salt, compound, derivative . . . in a quantity of five ounces or...
