State v. Cambrelen, 473 N.J. Super. 70 (App. Div. 2022)


In a published decision, the Appellate Division considered whether a “no-new-arrest/no-new-charges” condition of a negotiated plea agreement was permissible under New Jersey law. Barry Evenchick, on behalf of ACDL-NJ, successfully argued that the no-new-charges provision was invalid because it permits the court to enhance a defendant’s sentence based on unadjudicated charges unrelated to the crimes to which the defendant originally pled. The Appellate Division agreed with our position and held that no-new-charges provisions are void ab initio because unadjudicated charges cannot form a valid basis for enhancing a defendant’s sentence. Joshua P. Law co-authored the brief.

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