Legal Question in Criminal Law in New Jersey
No early release act
If two defendant are charged with the same crime and the crime is stipulated to the no early release act are both defendants required to recieve that penalty at sentencing. And if one does not is that a violation in some way. And are the prosecutors allowed to plea bargain a violent crime down to a non violent crime.
2 Answers from Attorneys
Re: No early release act
I am an experience criminal attorney in the State of NJ.
It is impossible to give you a fair answer without knowing the facts of the case.
If you have a good defense attorney that can convice the prosecutor that one defendant was not involved as much as the other, or one defendant cooperates with the state, sometimes they can waive NERA (no early release act).
Please note, the Judge does not have the power to waive NERA, only the prosecutor does.
Please call me for a free consultation and I will be happy to answer your questions with the knowledge of more facts.
201-646-9600
Savy Grant
Attorney at Law
www.njcrime.com
Re: No early release act
To answer your question directly, one defendant can be sentenced under NERA, where the other receives a lesser charge, either for cooperation or for being less culpable. As attorney Grant stated, the prosecutor has discretion to offer different deals to co-defendants. There is no "violation" for different sentencing results under that situation.
If you have further questions, please call me, 888-777-0455 or 856-428-5055.
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