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Changes to Pre-Trial Intervention Program Coming

Arseneault & Fassett, LLP New Jersey has adopted new Court Rules which affect the Pre-Trial Intervention (PTI) application and admission process for people charged with criminal offenses. PTI is a diversionary program which allows eligible defendants charged with indictable offenses (commonly called “felonies”) to comply with supervision and rehabilitation prior to trial. Participants who successfully […]

Third Circuit Opinion: United States v. Ferriero

Arseneault & Fassett, LLP In United States v. Ferriero, No. 15-4064 (3d Cir. Aug. 4, 2017), the U.S. Court of Appeals for the Third Circuit upheld the convictions of a former county Democratic party chairman for violations of the Travel Act, the Racketeering Influenced and Corrupt Organizations (RICO) Act, and wire fraud. The defendant had […]

Third Circuit Opinion: United States v. Martin

Arseneault & Fassett, LLP In United States v. Martin, No. 16-4289 (3d Cir. Aug. 15, 2017), the U.S. Court of Appeals for the Third Circuit held that a defendant who was determined to be a career offender was ineligible for a reduced sentence under a Sentencing Guidelines amendment. Martin pleaded guilty, pursuant to a plea […]

Third Circuit Opinion: United States v. Chapman

Arseneault & Fassett, LLP In United States v. Chapman, No. 16-1810 (3d Cir. Aug. 4, 2017), the U.S. Court of Appeals for the Third Circuit held that mailing threatening communications, in violation of 18 U.S.C. §876(c), qualifies as a “crime of violence” for purposes of determining career offender status under the U.S. Sentencing Guidelines. Violations […]

Trump Administration Sets Strict New Course for Federal Prosecutions

Arseneualt & Fassett, LLP The Attorney General of the United States, Jeff Sessions, has issued a memorandum to all federal prosecutors establishing the strict new policy of the Trump Administration’s Department of Justice (DoJ) for charging and sentencing federal offenses. The “Sessions memo” overturns a series of “Holder memos,” issued during the Obama administration, which […]

Bail Reform Act Takes Effect Throughout New Jersey

Arseneualt & Fassett, LLP New legislation takes effect this month in a major overhaul of the New Jersey criminal justice system’s pre-trial release regime. Beginning on January 1, 2017, the Bail Reform Act changes how courts determine whether a person who has been accused of a crime should be detained or released, and if released, […]

New Jersey Supreme Court Eases Requirements for “Plain View” Warrantless Searches & Seizures

Arseneault & Fassett, LLP A recent decision by the Supreme Court of New Jersey has made it easier for the State to use evidence seized without a warrant against a defendant in a criminal trial. In State v. Xiomara Gonzales, the Court changed the law as to what constitutes a valid “plain view” exception to […]

Changes to Federal Sentencing Guidelines Affect Definitions of “Crimes of Violence” and “Career Offenders”

Arseneault & Fassett, LLP Changes to the U.S. Sentencing Guidelines take effect this month to redefine “crime of violence” and “career offenders” for sentencing purposes. These changes will affect key aspects of the Guidelines which Federal courts use to determine some of the most lengthy sentences. The U.S. Sentencing Commission recognized that the previous definition […]

New Jersey Allows No-Jail Options for Out-of-State Concealed-Carry Holders Who Violate N.J. Law

Arseneault & Fassett, LLP Out-of-state concealed carry permit holders who bring their handguns into New Jersey are eligible for Pre-Trial Intervention (PTI) to avoid mandatory jail time under New Jersey’s strict gun laws, according to a directive issued by the Attorney General of New Jersey to the Division of Criminal Justice and all 21 county […]

Expungement Is an Option Sooner Than Ever

Arseneault & Fassett, LLP People who have been convicted of criminal offenses in New Jersey are now able to apply to have their criminal records expunged sooner than ever before. Recent legislation has reduced the waiting periods for eligible indictable offenses and disorderly persons offenses. Now, people who have been convicted of an indictable offense […]