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 Results for ("N.J.S.A. 2C:35-14")   1 to 15 of 84 results. Run time: 0.336 seconds | Search time: 0.333 seconds    
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1 IN THE MATTER OF THE EXPUNGEMENT OF THE ARREST/CHARGE RECORDS OF T.B. -- rank: 1000
... 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:
Document Size: 57280
2 State v. Susan Hyland -- rank: 972
... 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:
Document Size: 41441
3 State v. Jason G. Meyer -- rank: 958
... 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
4 STATE OF NEW JERSEY v. SUSAN HYLAND -- rank: 911
... 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:
Document Size: 79785
5 In the Matter of the Expungement of the Arrest/Charge Records of T.B. -- rank: 888
... 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: 55288
6 /usr/local/share/www/libweb/collections/courts/supreme/a-18-19-20-17.opn.html -- rank: 888
... 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
7 STATE OF NEW JERSEY v. MWANZA FITZPATRICK -- rank: 792
... 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:
Document Size: 30517
8 STATE OF NEW JERSEY v. MARK POPE -- rank: 790
... 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
9 STATE OF NEW JERSEY v. DARRYL BISHOP -- rank: 771
... 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:
Document Size: 57814
10 STATE OF NEW JERSEY v. DARRYL BISHOP -- rank: 771
... 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
11 STATE OF NEW JERSEY v. QUAISHAWN L. RAY -- rank: 757
... 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
12 STATE OF NEW JERSEY v. STANLEY MATTHEWS -- rank: 757
... 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
13 STATE OF NEW JERSEY v. COREY DEGROAT -- rank: 750
... 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
14 STATE OF NEW JERSEY v. LAMAR WOODWARD -- rank: 748
... 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
15 /usr/local/share/www/libweb/collections/courts/appellate/state.opn.html -- rank: 741
... 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
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