by Fred Sisto | Apr 10, 2015 | Blog, Criminal Law, Jail Time and Probation, News
I contested a motion to suppress physical evidence in the case of State v. Xiomara Gonzales from January through May of 2011. After the trial court denied my motion, an appeal was taken. On April 6, 2015, the appellate division reversed the trial court’s...
by Fred Sisto | Apr 4, 2015 | Blog, Criminal Law, Law Reform and Amendments
In State v. David T. Pomianek, Jr. , which the New Jersey Supreme Court decided on March 17, 2015, Justice Albin, writing for a unanimous Court, addressed the issue of the constitutionality of N.J.S.A. 2C:16-1(a)(3), a bias-crime statute that allows a jury to convict...
by Fred Sisto | Mar 4, 2015 | Blog, Criminal Law, Jail Time and Probation, News
In State v. Luis Santiago, decided on January 28, 2015, the Appellate Division reversed an aggravated sexual assault conviction based on subsection N.J.S.A. 2C:14-2(a)(3), because there was no evidence presented that the assault occurred during an assault “on...
by Fred Sisto | Oct 23, 2014 | Blog, Criminal Law, News
The question that often arises when faced with mandatory imprisonment is whether a labor program can be substituted for jail. The short answer is “no”. N.J.S.A. 2B:19-5 is the law that requires the sheriff “or other authorized officer” of each county in New Jersey to...
by Fred Sisto | Jul 24, 2014 | Blog, Criminal Law, Know Your Rights, Warrants
A friend of mine recently purchased a jet ski and asked whether the police needed reasonable suspicion to stop him on the water, i.e. if the same rule that applies to automobile stops applies to boats and jet skis. The short and surprising answer is “No.” Under New...
