cdTOCtest

A second Graves Act offender may be sentenced to a mandatory extended term of imprisonment while the first Graves Act conviction ...

opinion. State v. Johnson, 166 N.J. 523, 766 (2001), S.O. at 35; State v. Shoats, N.J. Super. , S.O. at 16, 2001 WL 267054 (App ...

robbery is a violent crime under NERA. State v. Ainis, 317 N.J. Super. 127 (Law Div. 1998) If a first or second degree crime inv ...

NERA Guilty Plea Defendant can waive right to jury determination of the NERA fact and submit issue to trial court for a NERA d ...

NERA Accomplices and Attempts An accomplice of a person committing a qualifying NERA offense is also subject to a NERA sentenc ...

The standard for determining whether to impose an extended term on an eligible defendant is whether it is necessary for the prot ...

a jurisdiction that has a judicial system that affords protections similar to our own. State v. Williams, 309 N.J. Super. 117, 1 ...

In State v. Baylass, 114 N.J. 169 (1989) and State v. Molina, 114 N.J. 181 (1989), the Supreme Court held that the sentence impo ...

(1990) (under federal law, restitution cannot be imposed on dismissed counts of indictment). Drug-by money is not recoverable as ...

XV. RIGHT OF ALLOCUTION - R. 3:21-4(b) Defendant must be given the right to speak before sentence is imposed. Failure to do so m ...

Defendant could not avoid the statutorily required minimum sentence for third conviction for driving while intoxicated, N.J.S.A. ...

Juvenile not entitled to credit for time spent in a residential program for treatment of juvenile sex offenders because the prog ...

was revoked. State v. Hart, 272 N.J. Super. 182 (App. Div.), certif. denied 137 N.J. 307 (1994). Defendant was awarded gap-time ...

medical treatment. State v. E.R., 273 N.J. Super. at 272- Change of sentence essentially transferred defendant from confines of ...

aggregate sentence. State v. Espino, 264 N.J. Super. 62 (App. Div. 1993). Double jeopardy did not bar defendant’s resentencing f ...

addition to stating the minimum and maximum sentence for the offense. The retroactivity of the Howard decision was decided in St ...

SEXUAL OFFENSES ANDSEXUAL OFFENSES ANDSEXUAL OFFENSES ANDSEXUAL OFFENSES ANDSEXUAL OFFENSES AND OFFENDERSOFFENDERSOFFENDERSOFFEN ...

touching must be in view of the victim and defendant must be aware of the victim’s presence. See State v. Zeidell, 154 N.J. 417 ...

“Permission” can be inferred either from acts or statements, which demonstrate that “a reasonable person would have believed the ...

some form of intimidation). For discussion on force and coercion in group setting, see State v. B.G., 247 N.J. Super. 403, 409-1 ...