QUESTION
IF A DEFENDANT WAS OFFERED A CERTAIN PLEA COULD THE STATE DECIDE TO OFFER A HIGHER SENTENCE THAN WHAT THEY ORIGINALLY OFFERED?
Asked on Apr 28th, 2014 on Criminal Law - New Jersey
More details to this question:
a DEFENDANT WAS OFFERED A 10 W/ AN 85% BEFORE TRIAL, BUT DECIDED NOT TO ACCEPT THE PLEA SO THEY TOOK IT TO TRIAL AND LOST AND WAS SENTENCED TO 60YRS. BUT THEN THEY APPEALED THIS SENTENCE AND THEY WON, NOW THE STATE IS ONLY OFFERING 30YRS. AT THIS POINT, IS THIS LEGAL?
1 ANSWER
Criminal Defense Attorney serving Toms River, NJ
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Edward J. Dimon
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each of these offers 'stands alone'. for example, the 10 year offer with 85% was before there was a trial. the trial made that offer moot. the 60 year sentence after the trial stands alone until the sentence was overturned. the 30 year offer also 'stands alone'. the prosecutor now has the benefit of the trial testimony. ed dimon, esq.
Answered on Apr 28th, 2014 at 4:33 PM