Legal Question in Appeals and Writs in New Jersey
jail time to apply towards sentecne
I have been in jail since May 10th for volitating a restraining order. My hearing is Aug 10th. While in jail I went to court for a DWI and was sentence to 180 days. How can I get time served to be usesd towards this
Asked on 7/10/09, 10:12 pm
1 Answer from Attorneys
Salvatore Principato
Salvatore Principato, Attorney at Law
Re: jail time to apply towards sentecne
You can serve 90 days of the 180 for DWI in an inpatient rehabilitation program under the DWI law. I would ask the court to allow your DWI sentence to run concurrent with violation detention. You probably could have made that a part of the plea on the DWI. You may consider withdrawing the plea stating you were not aware that a consequence of plea would be no concurrent sentencing on the DV with the DWI--but give these options a try.
Answered on 7/13/09, 9:18 am
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