Search Rutgers Law Library N.J. Court Opinions

16 STATE OF NEW JERSEY v. PETER R. MINCHELLA, JR -- rank: 702

... and Track Two A-0386-20 6 analysis pursuant to N.J.S.A. 2C:35-14,' and the 2002 Administrative Office of the Courts, Manual for ... court to consider all the 'statutory eligibility criteria' provided in N.J.S.A. 2C:35-14 when receiving a Track Two application and allows the State ... A. 2C:44-1(a) and (b), the requirements of N.J.S.A. 2C:35-14.1 and 2C:35-14.2, A-0386-20 7 and the nine enumerated factors provided in N.J.S.A. 2C:35-14(a)(1) through (9), the trial court concluded defendant is ... found in the legislative history for the 2012 amendments[.]' to N.J.S.A. 2C:35- 14.). II. 'Drug Courts are specialized courts within the Superior Court ... must either satisfy the requirements for 'special probation' pursuant to N.J.S.A. 2C:35-14 (Track One), or 'otherwise be eligible under other sections ...

docket:	a0386-20
court:	NJ Superior Court Appellate Division
decided:	2021-03-30
status:	Unpublished
citation:
Document Size:	24795

17 STATE OF NEW JERSEY v. COREY DEGROAT -- rank: 698

... satisfy the eligibility requirements for 'special probation' set forth in N.J.S.A. 2C:35-14, or 'otherwise be eligible under other sections of the Code ... Manual , supra , at 10). Under the first track for admission, N.J.S.A. 2C:35-14, "the Manual echoes the statutory eligibility requirements for 'special probation ... s]ubstance abusing nonviolent offenders who are not subject to N.J.S.A. 2C:35-14 are also eligible for drug court disposition under the general ... probation. [ Drug Court Manual , supra , at 16.] Unlike sentencing under N.J.S.A. 2C:35-14, the second track for admission "follows the Code's general ... Accordingly, "[t]he sentencing dispositions used by Drug Courts are N.J.S.A. 2C:35-14 and N.J.S.A. 2C:45-1." Meyer , supra ... broaden Drug Court access: For example, the Legislature contemporaneously enacted N.J.S.A. 2C:35-14.1 and -14.2, effective July 1, 2013, which ...

docket:	a5479-14
court:	NJ Superior Court Appellate Division
decided:	2016-02-16
status:	unpublished
citation:
Document Size:	33561

18 STATE OF NEW JERSEY v. LAMAR WOODWARD -- rank: 696

... track, to meet the requirements for 'special probation,' [pursuant to N.J.S.A. 2C:35-14,] the applicant must have committed a crime that is subject ... likelihood that [he or she] will thereafter commit another offense." N.J.S.A. 2C:35-14(a)(1)-(5). Defendants convicted of certain offenses and charged with certain crimes are per se ineligible, N.J.S.A. 2C:35-14(a)(6), (7), and a licensed facility approved by the ... Department of Health must agree "to provide appropriate treatment services," N.J.S.A. 2C:35-14(a)(8). Moreover, the court must find that "no danger ... will result from the person being placed on special probation," N.J.S.A. 2C:35-14(a)(9). N.J.S.A. 2C:35-14(a) also requires that the court consider "all relevant ...

docket:	a5980-09
court:	NJ Superior Court Appellate Division
decided:	2011-09-23
status:	unpublished
citation:
Document Size:	41850

19 /usr/local/share/www/libweb/collections/courts/appellate/state.opn.html -- rank: 689

... Court expungement, filed by K.S.1 (“defendant”), under N.J.S.A. 2C:35-14(m). The State filed opposition. On March 31, 2017, oral ... is currently barred under the “Drug Court” Expungement Statute, N.J.S.A. 2C:35-14(m)(1), which states in pertinent part that a petitioner ... total offenses. None of those convictions are non-expungable under N.J.S.A. 2C:35-14(m)(2). On January 7, 2013, defendant was sentenced to ... State v. Munafo, 222 N.J. 480 (2015) (citations omitted). N.J.S.A. 2C:35-14(m) provides: (1) The Superior Court may order the expungement ... paragraph. New Jersey courts have engaged in limited interpretation of N.J.S.A. 2C:35-14 (“the Drug Court statute”). See State v. Bishop, 429 ... C. Directive #02-16, “Protocol for 'Drug Court Expungements' ( N.J.S.A. 2C:35-14(m)) and Expungements of Arrests not Resulting in Conviction ( ...

docket:	State
court:	NJ Superior Court Law/Chancery Division
decided:	0000-00-00
status:
citation:
Document Size:	32369

20 STATE OF NEW JERSEY v. WALEK P. DUNLAP -- rank: 674

... degree robbery conviction imposed after violating special probation (Drug Court), N.J.S.A. 2C:35-14. Defendant argues the revocation and resentencing provisions of the special probation statute, N.J.S.A. 2C:35- - 14(f), permit a judge to engage in prohibited judicial fact ... special probation had he been convicted of first-degree robbery. N.J.S.A. 2C:35-14(b)(1), (2). He also A-4526-17T1 3 The ... defendant were subsequently revoked from Drug Court in accordance with N.J.S.A. 2C:35-14(f). The trial court adjourned sentencing to permit defendant to ... possessed a firearm at the time of the present offense. N.J.S.A. 2C:35-14(a)(5). A-4526-17T1 4 not be capped at ... term of five years of special probation in Drug Court, N.J.S.A. 2C:35-14(a), with an alternate sentence of ten years in ...

docket:	a4526-17
court:	NJ Superior Court Appellate Division
decided:	2020-02-06
status:	Published
citation:
Document Size:	52486

21 State v. Anthony Caliguiri -- rank: 674

... 35-7. Because of those policies, offenders convicted of violating N.J.S.A. 2C:35-14 allows the court to order rehabilitative treatment for drug-dependent ... drug-dependent defendants to be placed in residential treatment programs. N.J.S.A. 2C:35-14. The State argues that this strictly regulated rehabilitation program demonstrates ... A. 2C:35-12 plea agreements. The rehabilitation program of N.J.S.A. 2C:35-14 applies only after conviction; therefore, it most likely was intended ... conclusion by expressly rendering defendants who fail to complete the N.J.S.A. 2C:35-14. Post-conviction sentencing alternatives not only contradict the legislative intent ...

docket:	a-214-97
court:	njsupreme
decided:	1999-04-14
status:
citation:	158 N.J. 28
Document Size:	66057

22 STATE OF NEW JERSEY v. DONNELL W. ANCRUM -- rank: 661

... D. This appeal requires us to interpret two sections of N.J.S.A. 2C:35-14 (the Statute), the provision of our Criminal Code permitting the ... to sentence certain offenders to "special probation." Specifically, we examine N.J.S.A. 2C:35-14(a)(7) (Section a(7)), which provides that the court ... assault or sexual assault . . . ." (Emphasis added). We also must consider N.J.S.A. 2C:35-14(b)(2) (Section b(2)), which provides: "A person shall ... defendant would not be excluded under "paragraph nine either." See N.J.S.A. 2C:35-14(a)(9) (requiring the court find "no danger to the ... no nexus between his drug abuse and the crime. See N.J.S.A. 2C:35-14(a)(3) ("[T]he present offense was committed while the ... ineligibility may be sentenced to a term of special probation . . . ." N.J.S.A. 2C:35-14(a). Special probation has been an available sentencing alternative ...

docket:	a0932-16
court:	NJ Superior Court Appellate Division
decided:	2017-04-19
status:	published
citation:	449 N.J.Super. 526 159 A.3d 433
Document Size:	47241

23 /usr/local/share/www/libweb/collections/courts/appellate/squibs16-17.opn.html -- rank: 655

... the mergers would be defendant's eligibility for special probation, N.J.S.A. 2C:35-14 (the Statute), the judge accepted defendant's guilty pleas to ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	151111

24 STATE OF NEW JERSEY v. STEPHEN J. VITKOW -- rank: 650

... not eligible for the Drug Court Program. Recent amendments to N.J.S.A. 2C:35-14 changed the eligibility requirements so that conviction on a charge ... Court Program. L. 2012, c. 23. The prior version of N.J.S.A. 2C:35-14 had categorically excluded persons convicted of first- or second-degree ... L. 2012, c. 23, § 5(b). The amendment to N.J.S.A. 2C:35-14 took effect six months after its enactment, on January 19 ... ELIGIBILITY CRITERIA OF SPECIAL PROBATION PURSUANT TO THE REVISIONS TO N.J.S.A. 2C:35-14, HE MUST, THEREFORE, BE ELIBIBLE TO SEEK RELIEF PURSUANT TO ... 287 n.1 (App. Div. 1987)). Here, the text of N.J.S.A. 2C:35-14 as amended provides no compelling language indicating the legislative intent ... 1 (robbery) or N.J.S. 2C:18-2 (burglary) ; [ N.J.S.A. 2C:35-14 (underscoring added to note new language constituting the 2012 ...

docket:	a3290-12
court:	NJ Superior Court Appellate Division
decided:	2014-05-12
status:	unpublished
citation:
Document Size:	29175

25 STATE OF NEW JERSEY v. GREGORY MAURER -- rank: 648

... for a weapons crime and ostensibly made in accordance with N.J.S.A. 2C:35-14 (the Drug Court Statute) 1 and the Administrative Office of ... consistent with current Drug Court sentencing guidelines as outlined in N.J.S.A. 2C:35-14 and in the [] Manual" as defendant was "not legally eligible ... See N.J.S.A. 2C:43-2(b)(2); N.J.S.A. 2C:35-14. In general terms, a regular probationary sentence is typically imposed ... J.S.A. 2C:43-2(b)(2), but in N.J.S.A. 2C:35-14. The term "special probation" first appeared in that section when ... must either meet the requirements for special probation pursuant to N.J.S.A. 2C:35-14, [T]rack [O]ne, or otherwise be eligible under other ... for the 2012 amendments. For example, the Legislature contemporaneously enacted N.J.S.A. 2C:35-14.1 and -14.2, effective July 1, 2013, which ...

docket:	a3527-13
court:	NJ Superior Court Appellate Division
decided:	2014-12-17
status:	published
citation:	438 N.J.Super. 402 105 A.3d 637
Document Size:	62111

26 STATE OF NEW JERSEY v. J.B -- rank: 637

... for further proceedings consistent with the July 2012 amendment to N.J.S.A. 2C:35-14. We add only the following. The record reveals that following ... 2011, the judge rendered a supplemental decision finding that within N.J.S.A. 2C:35-14, defendant had met all the requirements for admission into drug ... likelihood that [he or she] will thereafter commit another offense." N.J.S.A. 2C:35-14(a)(1)-(5). Defendants convicted of certain offenses and charged with certain crimes are per se ineligible, N.J.S.A. 2C:35-14(a)(6), (7), and a licensed facility approved by the ... Department of Health must agree "to provide appropriate treatment services," N.J.S.A. 2C:35-14(a)(8). Moreover, the court must find that "no danger ... will result from the person being placed on special probation," N.J.S.A. 2C:35-14(a)(9). N.J.S.A. 2C:35-14( ...

docket:	a5244-10
court:	NJ Superior Court Appellate Division
decided:	2012-08-24
status:	unpublished
citation:
Document Size:	18859

27 /usr/local/share/www/libweb/collections/courts/appellate/a0022-21.opn.html -- rank: 637

... The State makes the following arguments. POINT I PURSUANT TO N.J.S.A. 2C:35-14[(f)](2), THE STATE MAY APPEAL THE JUDGE'S DECISION ... LEGAL ERROR WHEN HE OMITTED ADDRESSING REQUIRED STATUTORY CRITERIA UNDER N.J.S.A. 2C:35- 14[(f)](2) AND (3). II. 1 An August 19, 2021 ... of recovery court special probation unless the sentence is illegal). N.J.S.A. 2C:35-14(f)(2), however, provides that '[t]he court's determination ... probation after a second or subsequent violation of that probation. N.J.S.A. 2C:35-14(f)(2) provides that [u]pon a second or subsequent ... and shall also consider the recommendations of the treatment provider. [N.J.S.A. 2C:35-14(f)(3).] The statute expressly creates a presumption of revocation ... his second violation of special probation. While the court mentioned N.J.S.A. 2C:35-14(f)(2), it did not make specific findings with ...

docket:
court:	New Jersey Superior Court Appellate Division
decided:
status:
citation:
Document Size:	22464

28 /usr/local/share/www/libweb/collections/courts/supreme/a5646-14.opn.html -- rank: 637

... DEFENDANT'S MOTION SEEKING ADMISSION INTO DRUG COURT PURSUANT TO N.J.S.A. 2C:35-14. POINT TWO THE DEFENDANT SHOULD BE ADMITTED INTO THE DRUG ... Jersey (Manual) at 3 (July 2002)). The basic objective of N.J.S.A. 2C:35-14 (the Drug Court statute) "is to allow deserving prison-bound ... degree crime renders a defendant ineligible for special probation under N.J.S.A. 2C:35-14 (the Drug Court statute). N.J.S.A. 2C:35-14(b)(1). Although defendant ultimately was not convicted of first ... op. at 10-11). However, in 2012, the Legislature amended N.J.S.A. 2c:35-14(a)(7) to remove robbery from the list of ineligible pending charges, and N.J.S.A. 2C:35-14(b)(2) to exclude second-degree robbery from the ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	21651

29 STATE OF NEW JERSEY v. ERIC KIM -- rank: 613

... must either satisfy the requirements for 'special probation' pursuant to N.J.S.A. 2C:35-14 (Track One), or 'otherwise be eligible under other sections of ... assault made him ineligible for drug court under Track One. N.J.S.A. 2C:35-14(a)(7) sets forth one of the nine statutory requirements ... certain crimes, including 'aggravated assault ,' from Track One admission. See N.J.S.A. 2C:35-14(a)(7). Defendant, nonetheless, argues that the exclusion under N.J.S.A. 2C:35- 14(a)(7) should be interpreted to apply only to first ... to a conviction for a first- or second-degree charge. N.J.S.A. 2C:35-14(a)(7). Defendant is also ineligible for admission to drug ... incarceration from admission to drug court under Track Two. See N.J.S.A. 2C:35-14(a); N.J.S.A. 2C:44-1(d); ...

docket:	a0552-17
court:	NJ Superior Court Appellate Division
decided:	2019-04-09
status:	Unpublished
citation:
Document Size:	46538

30 STATE OF NEW JERSEY v. ANTHONY HESTER, -- rank: 613

... was delivered by STERN, P.J.A.D. ����Pursuant to N.J.S.A. 2C:35-14(c), See footnote 1 1 the State appeals from the ... v. Dove , 202 N.J. Super. 540 (Law Div. 1985). N.J.S.A. 2C:35-14 contemplates that entry into the program be implemented by a ... of the case and defendant's background are developed. See N.J.S.A. 2C:35-14 was amended in 1999 to provide for the program of ... program and imposition of the conditions of probation pursuant to N.J.S.A. 2C:35-14(c). See footnote 11 11 See State v. N.I ... the conviction was for possession with intent to distribute. See N.J.S.A. 2C:35-14(c). Footnote: 14 ���� 14 The legislative intent was for the ...

docket:	a6316-01
court:	njappellate
decided:	2003-02-13
status:	published
citation:	357 N.J. Super. 428
Document Size:	33097