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A defendant who opts not to testify is entitled to a jury instruction that the jury may not permit this fact to enter into its deliberations. Carter v. Kentucky, 450 U.S. 288, 303 (1981); State v. Oliver, 133 N.J. 141, 160 (1993). Such an instruction should ordinarily be given upon request of the defendant, but … Continue reading Does The Defendant Have The Right NOT To Testify At Trial?
If a defendant is convicted, a presentence investigation is conducted by the probation department in all cases except death penalty cases. State v. Roth, 95 N.J. 334, 357 (1984); State v. Reed, 211 N.J. Super. 177, 184-185 (App. Div. 1986), certif. denied, 110 N.J. 508 (1988); N.J.S.A. 2C:44-6a; R. 3:21-2(a). The purpose of this investigation … Continue reading What Is A Pre-Sentencing Procedure?
Unless the statute establishing the crime or some other section of the criminal code provides otherwise, the maximum fines which may be imposed on an individual defendant are set forth in N.J.S.A. 2C:43-3. This section states that individuals convicted of varying degrees of offenses may be ordered to pay a fine as follows: $100,000 for … Continue reading What Are Fines?
In addition to any fine, a defendant may be compelled to pay restitution to any victim of the defendant’s crime. N.J.S.A. 2C:43-3. The amount of restitution may not exceed the victim’s loss, except in cases of failure to pay any state, where the amount of restitution is the full amount of the tax evaded or … Continue reading What Is Restitution?
A specific term of imprisonment under N.J.S.A. 2C:43-2b(3) is distinct from imprisonment as a condition of probation under N.J.S.A. 2C:43-2b(2). In the latter case, a defendant convicted of a crime may be sentenced to a term of imprisonment not to exceed 364 days as a condition of probation (90 days in the case of a … Continue reading Conditions Of Probation
There are several alternatives to a sentence of imprisonment for a term. As noted above, a defendant may be placed on probation, and as a condition of probation, may be sentenced to spend up to 364 days in a county institution. N.J.S.A. 2C:43-2b(2). A term of incarceration is not the only condition of probation which … Continue reading What Are Non-Custodial Sentences?
New Jersey Intensive Supervision Program The New Jersey intensive supervision program (“ISP”) is “a sentencing alternative that removes carefully selected defendants from prison and releases them into the community under standards of supervision so strict as to substantially eliminate any risk to public safety. The goals are reduction in prison overcrowding, appropriate punishment of the … Continue reading What Is An Intensive Supervision Program?
At the time of sentencing, the court must advise the defendant of the right to appeal, and, if the defendant is indigent, the right to appeal as an indigent. R. 3:21-4(g). A sentence of imprisonment is not stayed by an appeal or by notice of a petition for certification, unlike a sentence of a fine … Continue reading What Is The Defendant’s Right To Appeal?
Appeals From Final Judgements Appeals from final judgments must be taken within 45 days of entry of the judgment. R. 2:4-1. Appeals from final judgments in criminal cases are taken by serving a copy of the notice of appeal and request for transcript on all other parties who appeared in the action on the Appellate … Continue reading When Does The Defendant Have The Right To Appeal
Man arrested in Clinton Township, Hunterdon County for violation of N.J.S.A. 2C:24-4, a crime of the third degree for driving while intoxicated N.J.S.A 39:4-50 with children in the car. The Aiello, Harris, Abate firm was able to convince the Hunterdon County Prosecutor’s Office to dismiss the third degree crime (felony) and remand the case to … Continue reading Felony Charges Dismissed
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