I'm a recovery addict who slipped up. I have a wife and 3 year old at home.
it depends on the degree of the crime with which you have been charged.
1st Degree Crimes
First degree criminal offenses: 10 to 20 years in prison and a fine up up to $200,000. Some crimes, for example, first-degree murder may carry a sentence of 30 years in prison (NJSA 2C:11-3 Murder).
2nd Degree Crimes
Second degree criminal offenses: 5 to 10 years in prison and a fine of up to $150,000.
3rd Degree Crimes
Third degree criminal offenses: You can be sentenced to 3-5 years in prison. and can be fined up to $15,000.
4th Degree Crimes
Fourth degree criminal offenses: Up to 18 months in prison and a fine of up to $10,000.
If you are a first offender charged with a 4th Degree crime, you may be entitled to pretrial intervention (aka, first offender treatment.) If you are eligible from pretrial intervention, the charges against you can be dismissed if you successfully complete a period of probation.
Municipal/Disorderly Persons (DP) Offenses: Up to 6 months in jail and fine of up to $1,000 for a disorderly persons offense, and a fine of up to $500 for a petty disorderly persons offense.
In New Jersey charges of lesser offenses are heard by the Municipal Court in the municipality, city, or township where the offense allegedly took place. If you are convicted of a petty disorderly offense, disorderly persons offense, or other disorderly conduct you can be sentenced to up to 6 months in jail, required to perform community services, and be subject to fines, restitution, and probation.
You should hire an attorney ASAP if you have not already done so. Please call at your earliest convenience.
Law Offices of Benjamin G. Kelsen, Esq. LLC 179 Cedar Lane Teaneck, NJ 07666 Phone: 201-692-0073/ Fax: 201-692-0151 Web Site: www.kelsenlaw.com / Email: [email protected] NOT LEGAL ADVICE: The above information may contain an opinion which does not constitute legal advice. Unless a retainer agreement has been signed, we are not your legal representatives, and you should not rely on any opinions contained in this message.
It depends on why degree burglary you are charged with. It can either be a second or a third degree offense and your exposure varies for each. Regardless of the degree you would be subject to the No Early Release Act which means you would have to complete at least 85% of the minimimum senate emcee imposed. The charge is a very serious offense. You should get a lawyer ASAP. S/he would be able to advise and guide you on the strengths and weak Essex of the case against you and options might be available to you. S/he may also negotiate a disposition for you. Depending on the facts and circumstances and your history this may, emphasis on may, include possible getting the case remanded to municipal court as a disorderly persons offense rather than an indictable. Work with your lawyer. Good Luck!
You are charged with a 2C:18-2 offense. If you were unarmed or did not inflict injury on anyone this a 3rd degree felony. Since you did not indicate any weapons charge or assault I assume the 3rd degree to apply. If this was a residence it is a little more serious than otherwise but either way in Union County this is a manageable situation. On a first offense you are eligible for PTI (pretrial intervention). At the end of this 1 year (can be up to 3 years) light supervision probation the case will be dismissed and you can then decide whether to expunge your record. Otherwise it is a max. 3-5 year sentence or up to 5 year probation. There is a presumption of non-incarceration on a first offense 3rd degree. But PTI is very very likely. A.P. Albert Zabati is the screening prosecutor in Union County at PDC (predisposition conference) and also oversees the PTI program. In Union you are going to have to appear at criminal intake and then Judge Gross' Court for arraingnement. She will then set a PDC date for Judge Triarsi. An experienced criminal defense attorney can obtain the "discovery” from Al prior to the first appearance or shortly thereafter. Your attorney can then call Al and work things out prior to the PDC. The case may be better than you think. There are many defenses and possible downgrades even if the State can prove its case. The point here is to have little if any record when it is over. My office offers a free consultation and can factor a future expungement into our fee. Check credentials of any attorney for experience and familiarity with a given Court. Call the office if you like.
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