QUESTION
Any way to avoid "mandatory minimum" jail time in NJ?
Asked on Sep 21st, 2013 on Criminal Law - New Jersey
More details to this question:
My boyfriend went to court yesterday on misdemeanor shoplifting & drug possession charges. These charges are over a year old; he has successfully completed community service and is on probation for similar charges; however, this was his 3rd shoplifting charge and his 3rd drug charge so the judge told him he is facing a mandatory minimum of 90 days for each one. He applied for a PD (he can't afford a lawyer)... is there any way the PD can plea bargain these charges to avoid the jail time, especially given the fact that he has been clean & sober for almost a year, holds down a steady job, completed a 6-month inpatient rehab program & is now enrolled in an outpatient program as well? I mean doesn't the fact that he's obviously turned his life around count for something? Or will he be locked up no matter what because of these stupid mandatory minimums? Will the PD help him whatsoever??
2 ANSWERS
Criminal Defense Attorney serving Toms River, NJ
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Edward J. Dimon
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need to determine if this is actually the 3rd shoplifting conviction. you would need the official criminal record. if this is the 3rd shoplifting conviction, the 90 day sentence is mandatory. the alternatives are limited. ed dimon, esq.
Answered on Oct 08th, 2013 at 12:06 PM
3 Awards
I am in PA but usually the DA has the power to either seek or not seek the mandatory. It is possible that a good lawyer who takes the time to hear your story can persuade the DA to back off the mandatory. There is no guarantee, the DA may not budge.
Answered on Sep 21st, 2013 at 9:24 AM
William R. Pelger, Attorney Munhall, Pennsylvania 412-461-1900