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What is presumption against imprisonment? Is this information accurate?

Paramus, NJ |

I have been charged with 3rd degree identity theft and credit card fraud totaling no more than $1,500. This is my first offense and I have no prior criminal history. I have already spoken to an attorney and he said he could possibly get the charges lowered. He said I probably won't be facing any jail time considering the circumstances and under New Jersey Presumption against Imprisonment law or something like that. I didn't understand really but I was sort of relieved. He did say that I could be facing a lot of fines close to $10,000, probation or PTI, and restitution. Hes a very reputable lawyer and I trust everything he says. I would just like to have reassurance from other lawyers if this information is accurate?

Attorney Answers 4


  1. You are right to get a second and third or more opinion regarding these very serious charges. However, you can't compare these basic answers to questions, without reviewing all the facts. You should have consultations in person for your situation. You can find very good criminal attorneys here on AVVO.

    Please be advised my answers to questions does not constitute legal advise and you should not rely on it, due to the fact that we have never met, I have not been aprised of the facts in you case nor have I reviewed any documents.


  2. Yes, at a glance his advice to you seems very solid.


  3. That information is essentially accurate. The imposition of the fines are a
    theoretical possibility, but unlikely.


  4. On a 3rd degree or under first offense (no priors of any kind) there is apresumption on non incarceration regarding the sentence. There still can county jail as a condition of probation. But any jail is very unlikely on a first offense.

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