My husband is on probation for a burglary and trespassing he committed in Feb of 2010. Recently he got arrested for burglary and trespassing again. I would like to know how serious is the charge and would probation play a part in his sentencing. If so, how much time could he get ? What is the min. as well as the max? Also, how much time will he have to do before being eligible for parole
Your husband has two problems. First he violated probation by just being arrested and will likely be written up on a VOP. Second, this new burglary is no longer a first offense ( there may be more on his record since in Essex County a first burglary would have been PTI not probation) So he is facing up to 5 years on the VOP and 5 years on the new charge. If these are residential burglaries they will be treated more seriously by the prosecutor. In Essex County an experienced criminal defense attorney may be able to negotiate a continued probation with the two charges concurrent (running together) but it will be difficult. There may be county time required if probation is offered. He will have to establish the reasons for the continued criminal behavior, for instance if the reason was drug addiction a non custodial sentence can be negotiated via drug court. If he gets State time it will likely be concurrent. State time could be 3-5 years. If 3 years his earliest eligibility for parole is about 9 months, if 5 years earliest is 1 year 2 months I believe. He also could apply for ISP if he has no violent convictions on his record and be out a little sooner. He needs to talk to a private attorney ASAP or if he qualifies apply for a PD. You do not indicate he is in the county jail now so bail is not an immediate issue. Call may office for a telephone consultation if you like 908-687-6650.
Worst case, he faces 3 to 5 years on the new burglary and because of the new charge, a violation of probation that could result in 3 to 5 years on the first burglary. Best case, other than dismissal or an affirmative defense, is extended probation with no jail time. This is going to depend on many factors including your husband's criminal history, the facts of the cases, the types of burglaries, if there are any mitigating factors and how your husband has cooperated with probation other than the new charge. He definitely needs an attorney. My office is in Newark and I would be happy to speak with you about your situation at no charge.
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Criminal Defense Attorney
I agree with the assessments of both of my colleagues. The maximum potential sentence if everything is run consecutively, would be 10 years. The maximum parole ineligibility would be 5 years. This is an unlikely outcome, but you did ask for the maximim. As my colleagues properly noted, there may be several alternatives that may apply to your husbands case that he needs to discuss in person with an experienced criminal defense lawyer.
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