by Fred Sisto | Jan 19, 2018 | Blog, Criminal Law, New Jersey
Judge Lisa had previously issued a related stay Order in the case of State v. Eileen Cassidy. Note that the prosecution moved for a stay, as opposed to the attorney for Ms. Cassidy. The stay avoids an administrative nightmare if numerous pending cases resolved and...
by Fred Sisto | Jan 17, 2018 | Blog, Criminal Law, New Jersey
Note that the effect of Judge Lisa’s Order is not limited to municipal court DUI cases. The use of a device calibrated by Sergeant Dennis can also affect the viability of a subsequent prosecution under N.J.S.A. 2C:40-26 “Operating Motor Vehicle During Period of...
by Fred Sisto | Jan 15, 2018 | Blog, Criminal Law, New Jersey
On November 28, 2017, Judge Lisa of the Appellate Division issued an order that affects most anyone accused of a second offense or greater DUI in New Jersey. In every case and every DUI sentence anywhere in the state, the prosecutor must ascertain whether that prior...
by Fred Sisto | Oct 23, 2017 | Blog, Criminal Law, Judge and Jury, Monmouth County, Ocean County
N.J.S.A. 2C:30-2b criminalizes only the omissions of “a judge who consciously refrains from performing an official non-discretionary duty, which duty is imposed upon him by law or which is clearly inherent in the nature of his office. In addition, the public...
by Fred Sisto | Oct 21, 2017 | Blog, Criminal Law, Judge and Jury, Monmouth County, Ocean County
Unequivocally, “it is the judge’s obligation to see that justice is done in every case that comes before him or her.” A judge must live by this humble maxim, one that, as most sitting judges would agree, is more easily stated than realized. The Code...
