The Court continued: A rational system of justice requires differentiating among offenders — based on their backgrounds and the nature and circumstances of their offenses — within the range authorized by the jury verdict. See N.J.S.A. 2C:1-2(b)(6) stating that one of Code’s general purposes is “[t]o differentiate among offenders with a view to a just […]

Justice Albin continued: In contrast, here, no fact found by the sentencing court required the imposition of a mandatory-minimum sentence. Judge Steele found three aggravating factors — the risk that defendant will reoffend, the substantial likelihood defendant was involved in organized criminal activity, and the need for deterrence; and two mitigating factors — defendant’s lack […]

The Court continued: The point of this discussion is to underscore the highly discretionary nature of the sentencing process and to distinguish the mandatory-minimum sentence imposed in this case from the mandatory minimums imposed in both Alleyne and Grate. Here, the jury’s verdict authorized a sentence within the ordinary-term and mandatory-minimum term ranges with the […]

On November 5, 2018, the New Jersey Supreme Court decided the Bergen County case of State v. Nicholas Kiriakakis. The principal issue was whether N.J.S.A. 2C:43-6(b) violates the Sixth Amendment by giving a sentencing judge the discretion to impose a period of parole disqualification based on a balancing of aggravating and mitigating factors. Writing for […]

The defendant in Tindell allegedly made various terroristic threats to multiple people in separate incidents. The court held that the jury needed to be instructed to determine unanimously to which victim or victims the defendant made those threats. Subsection b. addresses threats to kill. It is based on prior law. The prior statute is explained […]

The terroristic threats offense becomes a second degree if it occurs during a declared state of emergency. The difference between a third and second degree is significant in that a presumption of incarceration attaches to a second-degree charge. This that probation is only a sentencing option in the rarest of cases since anyone convicted of […]

Nowadays even a passing comment made about school shootings in or around a school is akin to mentioning bombs in or around an airplane. It is nothing to joke about. School administrators and police are going to err on the side of caution in dealing with any perceived threat as no one wants to be […]

A person who is convicted of an offense pursuant to section 2 of P.L.1983, c.522 (C.2C:18-5), in addition to any other fine, penalty, or restitution which may be imposed by law, shall be liable to the owner, occupant, lessee, or licensee of the lands or of the tangible property for any reasonable and necessary expenses, […]

The following statutes were amended to expand the laws regarding trespass and vandalism on agricultural and horticultural lands. N.J.S.A. 2C:18-5. Riding on Lands; Damaging Property on Lands. (Amended by L. 2018 C. 121, effective October 4, 2018) It is an offense under this act to: Knowingly or recklessly operate a motorized vehicle or to ride horseback […]

The Appellate dissent continued: The Court explained that a different standard of review applies “where the plea is supported by an adequate factual basis but the defendant later asserts his innocence.” Ibid. Under those circumstances, the Slater analysis applies and we review the trial court’s decision pursuant to an abuse of discretion standard. Ibid. From […]