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 Results for ("N.J.S.A. 2C:35-14")   1 to 15 of 120 results. Run time: 0.875 seconds | Search time: 0.868 seconds    
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1 STATE OF NEW JERSEY v. CHRISTOPHER HARRIS, -- rank: 1000
... and without consenting to A-2256-19 4 enumerated in N.J.S.A. 2C:35-14(a). A Track Two candidate, in contrast, is not automatically ... prerequisites for special probation. R ather, the criteria enumerated in N.J.S.A. 2C:35-14(a) may be considered as relevant factors bearing on a ... for the present conviction for which he (continued) admission. See N.J.S.A. 2C:35-14.2(b). We note that all of the defendants before ... of first impression, that is, whether the special probation statute, N.J.S.A. 2C:35-14, was impliedly amended by subsequently-enacted statutory features that are ... of treatment who do not voluntarily apply to Drug Court, N.J.S.A. 2C:35- 14.1 and N.J.S.A. 2C:35-14.2. After carefully examining the relevant statutes, legislative history, ...
docket: a2256-19
court: NJ Superior Court Appellate Division
decided: 2021-02-18
status: Published
citation:
Document Size: 157525
2 IN THE MATTER OF THE EXPUNGEMENT OF THE ARREST/CHARGE RECORDS OF T.B. -- rank: 930
... Court graduates seeking expungement of their criminal records pursuant to N.J.S.A. 2C:35-14(m) — the "Drug Court expungement statute" — must make ... Court expungement statute, and its legislative history, we conclude that N.J.S.A. 2C:35-14(m)(2) clearly imports the public interest requirement under N ... As these appeals require us to consider the interplay between N.J.S.A. 2C:35-14(m) and N.J.S.A. 2C:52-2(c ... intervening convictions. L. 2015, c. 261, § 1, codified as N.J.S.A. 2C:35-14(m)(1). The law applies to persons sentenced pursuant to N.J.S.A. 2C:35-14.2 and N.J.S.A. 2C:45-1. Ibid ... is otherwise ineligible for expungement pursuant to paragraph (2)" of N.J.S.A. 2C:35-14(m). Ibid. Paragraph 2 in turn provides, "[a] person ...
docket: a1516-16
court: NJ Superior Court Appellate Division
decided: 2017-08-01
status: published
citation: 451 N.J.Super. 391 168 A.3d 83
Document Size: 57447
3 State v. Susan Hyland -- rank: 904
... judge must ensure that the nine requirements set forth in N.J.S.A. 2C:35-14(a) are satisfied. In this appeal, the Court considers whether a judge’s finding under N.J.S.A. 2C:35-14(a)(9) -- that a defendant would not be a danger ... and would be a “danger to the community.” N.J.S.A. 2C:35-14(a)(9). The judge determined over the State’s objection ... statutory factors required to impose a Drug Court sentence under N.J.S.A. 2C:35-14(a), found that defendant was “likely to respond affirmatively ... makes a plainly mistaken, non-discretionary, non-factual finding under N.J.S.A. 2C:35- 14(a). Because application of N.J.S.A. 2C:35-14(a)(9) requires fact-finding and an exercise of ...
docket: a-29-18
court: NJ Supreme Court
decided: 2019-06-03
status:
citation: 238 N.J. 135 207 A.3d 1286
Document Size: 41598
4 STATE OF NEW JERSEY v. TEVIN M. FIGARO -- rank: 902
... is available to those eligible for special probation pursuant to N.J.S.A. 2C:35-14(a), and who otherwise satisfy the statutory criteria. See Hyland ... J. at 175 (quoting Meyer, 192 N.J. at 432). ' N.J.S.A. 2C:35-14 does not establish and indeed does not even mention Drug ... of incarceration or a mandatory minimum period of parole ineligibility[.]' N.J.S.A. 2C:35-14(a). Therefore, defendants are eligible for probationary sentences at the ... that made them ineligible for admission to Drug Court, if N.J.S.A. 2C:35-14(a) applied. The State opposed each defendant's application, arguing ... that all of the statutory disqualifications for special probation under N.J.S.A. 2C:35-14(a) were adopted by the Manual and applied to applicants ... Legislature Adopted The Holding Of State v. Meyer . . . By Amending N.J.S.A. 2C:35-14 To Clearly Indicate That the Statutory Bars Of [N. ...
docket: a5654-18
court: NJ Superior Court Appellate Division
decided: 2020-02-25
status: Published
citation:
Document Size: 44784
5 State v. Jason G. Meyer -- rank: 891
... do not meet the eligibility requirements for special probation under N.J.S.A. 2C:35-14 may be admitted into a drug court program under the ... objected because Meyer did not qualify for special probation under N.J.S.A. 2C:35-14 based on his four prior convictions of third-degree offenses ... 596 (2005), the prosecutor tied eligibility for Drug Court to N.J.S.A. 2C:35-14s criteria for special probation. Meyer appealed the prosecutors ... limit admission solely to offenders that meet the criteria under N.J.S.A. 2C:35-14. The court observed that while N.J.S.A. 2C:35-14 provides an alternative to prison -- special probation -- for offenders subject ... Court. 188 N.J. 345 (2006). HELD : Special probation under N.J.S.A. 2C:35-14 is a type of disposition for certain non-violent ...
docket: a-121-05
court: njsupreme
decided: 2007-09-19
status:
citation: 192 N.J. 421
Document Size: 70400
6 STATE OF NEW JERSEY v. SUSAN HYLAND -- rank: 848
... conviction sentencing defendant Susan Hyland to special Drug Court probation, N.J.S.A. 2C:35-14. Because we conclude that we lack jurisdiction to consider the ... danger to the community if placed' in Drug Court. See N.J.S.A. 2C:35-14(a)(9). The State claimed 'it is impossible to find ... court's imposition of a sentence of special probation. See N.J.S.A. 2C:35-14 (defining standards for a special probation Drug Court sentence). 3 ... legally eligible for a special probation Drug Court sentence under N.J.S.A. 2C:35-14. Defendant pleaded guilty to the charges in the indictment without ... of defendant's danger to the community is required under N.J.S.A. 2C:35- 14(a)(9), and the court's error in its assessment ... if she were sentenced to Drug Court as required by N.J.S.A. 2C:35-14(a)(9). The State reasons that because the court ...
docket: a2530-16
court: NJ Superior Court Appellate Division
decided: 2017-11-21
status: published
citation: 452 N.J.Super. 372 174 A.3d 538
Document Size: 79954
7 /usr/local/share/www/libweb/collections/courts/supreme/a-18-19-20-17.opn.html -- rank: 826
... they seek expungement under the 2016 drug court expungement statute, N.J.S.A. 2C:35-14(m), and, if so, how the standard should be applied ... their entire record under the new drug court expungement statute, N.J.S.A. 2C:35-14(m). The trial court granted all three applications. The Appellate ... determine whether expungement would be consistent with the public interest. N.J.S.A. 2C:35-14(m)(2); id. § 52-2(c)(3). Successful graduates ... for expungement pursuant to paragraph (2) of this subsection.” N.J.S.A. 2C:35-14(m)(1). Paragraph 2, in turn, limits the availability of ... the person is otherwise ineligible under section 14(m)(2). N.J.S.A. 2C:35-14(m)(1). In other words, the new law starts with ... relating to all prior arrests, detentions, convictions, and proceedings.” N.J.S.A. 2C:35-14(m)(1). The law does not allow certain serious ...
docket:
court: NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size: 54995
8 In the Matter of the Expungement of the Arrest/Charge Records of T.B. -- rank: 826
... they seek expungement under the 2016 drug court expungement statute, N.J.S.A. 2C:35-14(m), and, if so, how the standard should be applied ... their entire record under the new drug court expungement statute, N.J.S.A. 2C:35-14(m). The trial court granted all three applications. The Appellate ... determine whether expungement would be consistent with the public interest. N.J.S.A. 2C:35-14(m)(2); id. § 52-2(c)(3). Successful graduates ... for expungement pursuant to paragraph (2) of this subsection.” N.J.S.A. 2C:35-14(m)(1). Paragraph 2, in turn, limits the availability of ... the person is otherwise ineligible under section 14(m)(2). N.J.S.A. 2C:35-14(m)(1). In other words, the new law starts with ... relating to all prior arrests, detentions, convictions, and proceedings.” N.J.S.A. 2C:35-14(m)(1). The law does not allow certain serious ...
docket: a-18-17
court: New Jersey Supreme Court
decided: 2019-01-08
status:
citation:
Document Size: 55260
9 STATE OF NEW JERSEY v. DIEGO ARROYO-NUNEZ -- rank: 739
... the CDRA failed to consider another section of the statute, N.J.S.A. 2C:35-14 (Section 14), and the numerous amendments to that provision made ... school zone offenses ( N.J.S.A. 2C:35-7). N.J.S.A. 2C:35- 14(b)(3). Nevertheless, Section 14 was part of the CDRA ...
docket: a3746-20
court: NJ Superior Court Appellate Division
decided: 2022-01-18
status: Published
citation:
Document Size: 76245
10 STATE OF NEW JERSEY v. MWANZA FITZPATRICK -- rank: 737
... Both defendants applied for special drug court probation pursuant to N.J.S.A. 2C:35-14, were found clinically and legally eligible, and were recommended for ...
docket: a2477-14
court: NJ Superior Court Appellate Division
decided: 2015-12-28
status: published
citation: 443 N.J.Super. 316 128 A.3d 1114
Document Size: 30686
11 STATE OF NEW JERSEY v. MARK POPE -- rank: 735
... Court. On July 21, 2011, defendant formally moved pursuant to N.J.S.A. 2C:35-14 for admission into Drug Court, and submitted numerous letters and reports in support of his application. N.J.S.A. 2C:35-14 authorizes a court to impose "special probation" on offenders who ... and clear" language that impliedly revised the eligibility requirements of N.J.S.A. 2C:35-14. Because defendant's offense occurred on school property, the court ... N.J.S.A. 2C:43-2b(2), but in N.J.S.A. 2C:35-14. The term "special probation" first appeared in that section when ... Court" does not appear anywhere in the plain text of N.J.S.A. 2C:35-14; however, as the Supreme Court has explained, "that statute and ... Drug Court admission was contrary to the clear language of N.J.S.A. 2C:35-14. Defendant also contends that there was no basis for ...
docket: a6083-10
court: NJ Superior Court Appellate Division
decided: 2013-03-18
status: unpublished
citation:
Document Size: 29021
12 STATE OF NEW JERSEY v. DARRYL BISHOP -- rank: 717
... applicable to resentencing a defendant whose special probation pursuant to N.J.S.A. 2C:35-14 has been permanently revoked. 2 Defendants Darryl Bishop and Wilberto ... N.J.S.A. 2C:43-2b(2), but in N.J.S.A. 2C:35-14. The term "special probation" first appeared in that section when ... than those admitted on the special probation track prescribed by N.J.S.A. 2C:35-14. Ibid. This opinion does not deal with those admitted to ... it deals only with offenders sentenced to special probation under N.J.S.A. 2C:35-14, whose probation is subsequently permanently revoked. In the immediate aftermath ... Court's 2007 decision in Meyer , the Legislature again amended N.J.S.A. 2C:35-14. Among other things, the amendment gave legislative approval to the ... but by reference to the enumerated statutory requirements listed in N.J.S.A. 2C:35-14. Clarke , supra , 203 N.J. at 175. It is ...
docket: a0048-11
court: NJ Superior Court Appellate Division
decided: 2013-02-27
status: published
citation: 429 N.J.Super. 533 60 A.3d 806
Document Size: 57876
13 STATE OF NEW JERSEY v. DARRYL BISHOP -- rank: 717
... applicable to resentencing a defendant whose special probation pursuant to N.J.S.A. 2C:35-14 has been permanently revoked. 2 Defendants Darryl Bishop and Wilberto ... N.J.S.A. 2C:43-2b(2), but in N.J.S.A. 2C:35-14. The term "special probation" first appeared in that section when ... than those admitted on the special probation track prescribed by N.J.S.A. 2C:35-14. Ibid. This opinion does not deal with those admitted to ... it deals only with offenders sentenced to special probation under N.J.S.A. 2C:35-14, whose probation is subsequently permanently revoked. In the immediate aftermath ... Court's 2007 decision in Meyer , the Legislature again amended N.J.S.A. 2C:35-14. Among other things, the amendment gave legislative approval to the ... but by reference to the enumerated statutory requirements listed in N.J.S.A. 2C:35-14. Clarke , supra , 203 N.J. at 175. It is ...
docket: a1399-11
court: NJ Superior Court Appellate Division
decided: 2013-02-27
status: published
citation:
Document Size: 57814
14 STATE OF NEW JERSEY v. QUAISHAWN L. RAY -- rank: 704
... right to argue for in-patient drug rehabilitation, pursuant to N.J.S.A. 2C:35-14. The agreement also stated that if defendant's application under N.J.S.A. 2C:35-14 was denied, defendant would proceed to sentencing, as provided therein ... defendant's admission to in-patient drug rehabilitation pursuant to N.J.S.A. 2C:35-14. The court then sentenced defendant. The court noted that defendant ... TO BE SENTENCED TO A DRUG PROGRAM IN ACCORDANCE WITH N.J.S.A. 2C:35-14, THUS DEPRIVING DEFENDANT OF HIS CONSTITUTIONAL RIGHT TO THE EFFECTIVE ... admission to an in-patient drug rehabilitation program pursuant to N.J.S.A. 2C:35-14. However, N.J.S.A. 2C:35-14(b)(3) provides that a person shall not be ...
docket: a2375-12
court: NJ Superior Court Appellate Division
decided: 2014-06-16
status: unpublished
citation:
Document Size: 23477
15 STATE OF NEW JERSEY v. STANLEY MATTHEWS -- rank: 704
... 14c provides: c. A person convicted of . . . an offense under . . . [ N.J.S.A. 2C:35-14, may be eligible for drug court disposition. Specifically, the manual ... ubstance abusing non-violent offenders who are not subject to N.J.S.A. 2C:35-14 are also eligible for drug court disposition under the general ... condition of probation pursuant to 103 N.J. 499 (1986); N.J.S.A. 2C:35-14 and N.J.S.A. 2C:45-1. First, the ... he challenges the court's use of the criteria in N.J.S.A. 2C:35-14 to determine whether he was eligible for a drug court ... to use. The State, on the other hand, argues that N.J.S.A. 2C:35-14 is the controlling statute, and that in every instance a ... a variety of conditions on probation. On the other hand, N.J.S.A. 2C:35-14 is specific, in that it provides for the imposition ...
docket: a4276-03
court: njappellate
decided: 2005-06-22
status: published
citation: 378 N.J. Super. 396
Document Size: 49490
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