Fred Sisto | Criminal Attorney | Ocean and Monmouth County

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Home >> Legal Procedures

February 15, 2016 by Fred Sisto

Pre-Trial Intervention Program (PTI) – (Part 6)

The PTI appeal, while labor-intensive, is the defendant’s first opportunity to not only point out their own positive attributes, but to also point to the alleged facts of their cases that support admission. It is very effective to use the state’s own police reports to justify PTI admission. A searching review of these reports in […]

Filed Under: Blog, Criminal Law, News Tagged With: Criminal Law, Legal Procedures

February 13, 2016 by Fred Sisto

Pre-Trial Intervention Program (PTI) – (Part 5)

While the plain language of our criminal code does not distinguish between theses two very different types of “distribution”, the unique features of a PTI applicant’s case must be considered. See Nwobu, at 255 (holding that PTI decisions are primarily individualistic in nature and a prosecutor must consider an individual defendant’s features). Logic dictates that […]

Filed Under: Blog, Criminal Law, News Tagged With: Criminal Law, Legal Procedures

February 11, 2016 by Fred Sisto

Pre-Trial Intervention Program (PTI) – (Part 4)

To apply Guideline 3(i) and the long out-dated narcotics scheduling of marijuana under these circumstances (mentioned in part 3 of this blog) would lead to an absurd result. The narcotics schedules were published in 1970. See N.J.S.A 24:21-1 et seq. In 1972, a congressionally created commission called the National Commission on Marijuana and Drug Abuse, […]

Filed Under: Blog, Criminal Law, News Tagged With: Criminal Law, Legal Procedures

February 9, 2016 by Fred Sisto

Pre-Trial Intervention Program (PTI) – (Part 3)

To overcome a program director’s PTI denial, the accused must establish arbitrary or capricious conduct amounting to an abuse of discretion, by a preponderance of the evidence. State v. Lopes, 289 N.J. Super. 460, 478-79 (Law Div. 1995). The preponderance of the evidence standard, as opposed to “clear and convincing evidence” should apply when the […]

Filed Under: Blog, Criminal Law, News Tagged With: Criminal Law, Legal Procedures

February 7, 2016 by Fred Sisto

Pre-Trial Intervention Program (PTI) – (Part 2)

PTI appeals shall be brought within 10 days after receipt of the rejection notice. R. 3:28, Guideline 6. The time limits for processing P.T.I. applications are designed to facilitate speedy trials and to enable the complete processing of a defendant’s application before the pretrial conference. R. 3:28, Official Comment to Guideline 6. It would be […]

Filed Under: Blog, Criminal Law, News Tagged With: Criminal Law, Legal Procedures

February 5, 2016 by Fred Sisto

Pre-Trial Intervention Program (PTI) – (Part 1)

The pre-trial intervention program (PTI) is often a defendant’s only shot at avoiding a felony record. The program is similar to a term of probation with two significant distinctions. One, it is only for applicants who have never been convicted of a felony and have never taken advantage of the PTI program in the past […]

Filed Under: Blog, Criminal Law, News Tagged With: Criminal Law, Legal Procedures

February 3, 2016 by Fred Sisto

Municipal Court Diversion Programs (Part 4)

(2) Nothing in this act shall preclude a defendant charged with any disorderly persons offense or petty disorderly persons offense under chapter 35 or 36 of Title 2C from applying to the court for admission into the conditional discharge program in accordance with N.J.S. 2C:36A-1. In addition to the eligibility criteria enumerated in this section, […]

Filed Under: Blog, Criminal Law, News Tagged With: Criminal Law, Legal Procedures

February 1, 2016 by Fred Sisto

Municipal Court Diversion Programs (Part 3)

b. (1) A defendant shall not be eligible for participation in the conditional dismissal program if the offense for which the person is charged involved: (a) organized criminal or gang activity; (b) a continuing criminal business or enterprise; (c) a breach of the public trust by a public officer or employee; (d) domestic violence as […]

Filed Under: Blog, Criminal Law, News Tagged With: Criminal Law, Legal Procedures

January 30, 2016 by Fred Sisto

Municipal Court Diversion Programs (Part 2)

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 other state, and who has not previously participated in conditional discharge under N.J.S.2C:36A-1, supervisory treatment under […]

Filed Under: Blog, Criminal Law, News Tagged With: Criminal Law, Legal Procedures

January 28, 2016 by Fred Sisto

Municipal Court Diversion Programs (Part 1)

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 drug paraphernalia. The latter two offenses are addressed by the other municipal court diversion program, the conditional […]

Filed Under: Blog, Criminal Law, News Tagged With: Criminal Law, Legal Procedures

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Fred is a stickler for detail and communicates with clients very, very well. He is smart and astute. I would recommend him unconditionally.

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