by Fred Sisto | Mar 9, 2023 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The Administrative Directive continued: Judges must strive to act on those pending applications within 60 days and should not exceed that 60-day timeframe without good cause. Any applications pending with law enforcement are to be decided by the appropriate chief...
by Fred Sisto | Mar 7, 2023 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The following Administrative Directive 14-22 was issued by Director Glenn Grant to assignment judges and trial court administrators in New Jersey. It provides for procedures based on recent legislation which, in part, removes the Judiciary from the initial...
by Fred Sisto | Mar 5, 2023 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
Defendant also argues that the court erred by finding aggravating factor four. In the context of this case, aggravating factor four applies if “the defendant took advantage of a position of trust or confidence to commit the...
by Fred Sisto | Mar 3, 2023 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The Appellate Division continued in relevant part: We recognize that “the benefit a defendant receives when passion/provocation is established is not an outright acquittal rather, a homicide that otherwise would be first-degree murder is mitigated to...
by Fred Sisto | Mar 1, 2023 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
On December 19, 2022, a three-judge appellate panel decided the Union County case of State v. Welder Morente-Dubon. The principal issues before the Court concerned the criteria for withholding prison sentences under N.J.S.A. 2C:44-1. Judge Geiger wrote for the panel...