by Fred Sisto | Jan 13, 2018 | Blog, Criminal Law, Drug Crime
The 1999 amendment to N.J.S.A. 2C:35-14 undermines the State’s position that N.J.S.A. 2C:44-1(f)(2) permits the State to appeal a special probation Drug Court sentence. If N.J.S.A. 2C:44-1(f)(2) already authorized the State to appeal special probation Drug Court...
by Fred Sisto | Jan 11, 2018 | Blog, Criminal Law, Drug Crime
In its imposition of defendant’s Drug Court sentence, the court did not apply the presumption of incarceration under N.J.S.A. 2C:44-1(d), nor could it. The court never made findings permitting defendant to overcome the presumption of incarceration, and the court...
by Fred Sisto | Jan 9, 2018 | Blog, Criminal Law, Drug Crime
The aforementioned nine factors are: (1) the person has undergone a professional diagnostic assessment to determine whether and to what extent the person is drug or alcohol dependent and would benefit from treatment; and (2) the person is a drug or alcohol dependent...
by Fred Sisto | Jan 7, 2018 | Blog, Criminal Law, Drug Crime
In its adoption of N.J.S.A. 2C:35-14, the Legislature established an exception to the presumption of incarceration for first and second-degree offenders that is independent of any determination required under N.J.S.A. 2C:44-1(d). Although a probationary sentence...
by Fred Sisto | Jan 5, 2018 | Blog, Criminal Law, Drug Crime
The State argues defendant was convicted of second-degree leaving the scene of a fatal accident, N.J.S.A. 2C:11-5.1, and was therefore subject to the presumption of incarceration. The State reasons that because the court imposed the non-custodial sentence of special...
