NEWS

Court: ‘Post-offense conduct’ must be gauged at sentencing

Peggy Wright
@PeggyWrightDR

A man who pleaded guilty to a drug offense was entitled to have the positive changes he made in his life between the time of his plea and sentencing considered by the judge determining punishment, the state Supreme Court ruled Monday.

The state’s highest court ruled that sentencing judges must consider relevant, post-offense conduct when they weigh aggravating and mitigating factors during their sentencing analysis. In the Morris County case involving Joseph M. Jaffe, now 42, and last of Brick, the sentencing judge told his lawyer in 2012 that New Jersey law precluded him from considering Jaffe’s conduct in the year-long span between his guilty plea in August 2011 and sentencing in August 2012.

“In conclusion, the trial court should view a defendant as he or she stands before the court on the day of sentencing,” the Supreme Court said in its opinion, released Monday.

“This means evidence of post-offense conduct, rehabilitation or otherwise, must be considered in assessing the applicability of, and weight to be given to aggravating and mitigating factors,” the court said.

Jaffe’s lawyer, Matthew W. Reisig, said the decision is great for future defendants but in Jaffe’s case “It doesn’t bode well for him because he served his time. Justice delayed.” Reisig had argued that a pre-sentence report prepared 11 months earlier for Jaffe’s sentence was stale and the judge didn’t have fresh information.

Siding with Reisig’s position, attorney Jeffrey Mandel had also supported his arguments in filing an amicus curiae brief on behalf of the state Association of Criminal Defense Lawyers.

The Supreme Court vacated the three-year state prison term that Jaffe had received and ordered the trial court in Morris County to re-sentence him after weighing aggravating and mitigating factors again. However, Jaffe has already served his time in prison. He received credit for 121 days in the county jail and was in prison from August 2012 until his release on Jan. 31, 2013, into a halfway house.

The Supreme Court also noted that the sentencing judge has the discretion on how much weight to give “post-offense conduct,” but he or she cannot ignore it.

Jaffe pleaded guilty to conspiracy to possess cocaine with the intent to distribute in August 2011. He cooperated with the Morris County Prosecutor’s Office against two co-defendants and his sentencing was delayed one year until their cases were resolved.

In that year, he gained sobriety, started attending Narcotics Anonymous meetings, joined a “mixed issue” support group at a church, got engaged and became a de-facto father to his fiancee’s child, according to the decision. His lawyer argued that he had changed his life but the sentencing judge said he couldn’t consider the changes, and was also skeptical because Jaffe -- with seven prior arrests and three prior convictions -- had vowed change before, according to the decision.

The trial judge found that aggravating factors in Jaffe’s case substantially outweighed any mitigating factors and sentenced him to prison, against the arguments of the defense lawyer who sought a probationary sentence.

A state Appellate Division excessive sentencing panel reviewed Jaffe’s punishment and also upheld it.

Reisig said he will represent Jaffe at re-sentencing, though his term has been served, and will emphasize that his client has changed his life.

Staff Writer Peggy Wright: 973-267-1142; pwright@njpressmedia.com