State v. Mosley

The ACLU-NJ submitted a friend-of-the-court brief challenging a probation revocation process that resulted in a sentence longer than that which is authorized by statute. The defendant was sentenced to a five-year probation term after pleading guilty to third-degree possession of a controlled dangerous substance. He was found to have violated his probation after serving one year, he was sentenced to 5 years in prison (i.e., the 5-year maximum for his original crime of selling drugs) without regard for the time already served on probation.

Additionally, the ACLU-NJ generally challenged the probation revocation process because it allows hearsay and denies important due process protections in a hearing that can result in significant prison time.

Status

This case was argued on November 29, 2017, and is awaiting decision.

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