by Fred Sisto | Sep 9, 2017 | Blog, Criminal Law, Laws Protecting Children, Monmouth County, Ocean County
On August 9, 2017, a three-judge appellate panel decided the case of State in the Interest of D.M. The principle issue was whether a defendant who was less than four years older than the alleged victim could be adjudicated delinquent of child endangerment under...
by Fred Sisto | Sep 7, 2017 | Blog, Criminal Law, Drug Crime, Law Reform and Amendments, Monmouth County, Ocean County
The substitute also proposed to abolish the dual pathways to expungement under Chapter 52 – in which a person was presumptively entitled to expungement of an indictable offense after ten years, and eligible for expungement after as few as five years upon a...
by Fred Sisto | Aug 14, 2017 | Blog, Criminal Law, Laws Protecting Children, Monmouth County, Ocean County
The New Jersey Supreme Court held that a plain-language reading of N.J.S.A. 2C:7-22 does not exempt a youth ministry associated with a church or other religious organization from the definition of “youth serving organization.” N.J.S.A. 2C:7-23(a) provides,...
by Fred Sisto | Aug 12, 2017 | Blog, Criminal Law, Laws Protecting Children, Monmouth County, Ocean County
On July 20, 2017, Justice Timpone wrote for a unanimous New Jersey Supreme Court in the case of State v. S.B. In this appeal, the Court determines whether a youth ministry associated with a church or religious organization is exempt from the definition of a...
by Fred Sisto | Jun 25, 2017 | Blog, Criminal Law, Know Your Rights, New Jersey
The Court now adopts the same-elements test as the sole double-jeopardy analysis, thereby realigning New Jersey law with federal law. The same-elements test is effortlessly applied at early stages of prosecution; it is capable of producing uniform, predictable...
