Legal Question in Criminal Law in New Jersey

Re: conflict of nera law & grave act

The Graves Act says that you must do a certain mandatory amount of time in prison if you are convicted of certain crimes committed with firearms. The No Early Release Act (NERA) is not mandatory, but is something that the prosecutor must apply for if the defendant who is convicted has prior felony convictions. There really is no conflict between the two laws. If you have any other questions about this or any other legal matters, please contact me.

Sincerely yours, -Ronald Aronds, Esq.-

www.njworkerscompensationlaw.com

Re: conflict of nera law & grave act

NERA is the No Early Release Act. It requires that 85% of the sentence imposed upon certain enumerated criminal offenses be served before a dcfendant can be released from prison on parole, supervision. The Graves Act requires that upon conviction of certain offenses using a gun the sentence imposed must require the serving of three years before a defendant can be released on parole. If both laws applied to the conviction of a crime the 85% rule would apply, which would also satisfy the requirement of the

Graves Act.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

Re: conflict of nera law & grave act

Nera and the graves act don't conflict. They are both requirements that you serve a large portion of your sentence before being paroled. The graves act applies only to charges involving a firearm. NERA which stands for no early parole act, is designed to apply to violent offenders. It doesn't require a weapon, and in certain offenses, might not require that the victim be injured.

Both of the parole stips are mandatory, and could run consecutively. If you are facing NERA or the graves act, and get an offer which doesn't require a stip, it is usually a pretty attractive offer.

I notice I am in your hometown. I'd be happy to answer your questions in person.