You may completely accept that you are responsible for paying the consequences for the crimes you were found guilty of. But, at the same time, it is completely understandable that you do not want to pay for these consequences by spending time in jail. That is, a jail sentence may mean having to walk away from the job you are currently at, the family you are actively accountable for, and many other significant aspects of the everyday life that you have grown accustomed to. With this, you may wish for any other alternative punishment to jail time, such as probation. Well, read on to discover whether you can get probation instead of jail time and how one of the seasoned Bergen County criminal defense attorneys at McNerney & McAuliffe can help you get a more positive, productive outcome.
Can I get probation instead of jail time in the state of New Jersey?
The short answer is, yes, New Jersey law allows criminal judges to suspend jail sentences, or alternatively, impose a probation term in place of a jail term. Importantly, this imposed probation term should not and cannot exceed the statutory maximum time the criminal judge could have legally sentenced you to or more than five years, whichever is lesser. At the same time, a probation period should not and cannot be less than one year.
For example, the statutory maximum for theft of property valued between $200 to $500 (i.e., a fourth-degree felony) is 18 months. Therefore, an alternative probation sentence must be set at 18 months at most and 12 months at least. However, for theft of property valued at more than $75,000 (i.e., a second-degree felony), this maximum is set at 10 years. So, an imposed probation sentence must be five years, at most.
How can I effectively petition for probation in New Jersey?
A criminal judge may decide to grant you probation after you commit a criminal offense if they conclude that you have since rehabilitated, and therefore you would benefit more from remaining in the community than spending time away in jail. However, to get the judge to even reach this realization, you must first effectively petition for it.
That is, you may apply for the Intensive Supervision Program at a county jail. From here, the judge may discharge you from the county jail at any time. Then, throughout this time, the judge may modify or add contingency requirements to your probation, which you must make an effort to abide by. But at the very end of this probationary period, you may have finally satisfied your sentence and be relieved of any further obligations. It is worth mentioning that you may even petition for the early termination of your imposed probation, once you have served at least half of your probation time.
Going about your criminal defense should not be done without the wise legal counsel of one of the competent Bergen County criminal defense lawyers. So please call to schedule your initial consultation with us at McNerney & McAuliffe today.
