Legal Question in Criminal Law in New Jersey
Fine or Jail Sentence
Can a judge impose a fine and a jail sentence or one or the other. My husband was in court a few days ago and he has to go back in one week. The judge either said a $1,000 fine and 6 months in jail or a $1,000 fine or six months in jail. The charge was threatening a police officer and this was his first offense. Do you have any idea? I called the court house but they weren't very helpful.
3 Answers from Attorneys
Re: Fine or Jail Sentence
Your husband should really speak with an attorney before proceeding any further. It sounds as though he is actually charged with disorderly conduct based on the potential sentence, but it is not entirely clear.
Re: Fine or Jail Sentence
Depending upon the judge and your husband's actual conduct a jail sentence AND a fine are possible. I would suggest that you call me so that I may respond to more specific information.
Please call me at 800 273 7933.
Re: Fine or Jail Sentence
While it depends on the exact language of the statute/ordinance your husband would be found guilty of, there is no general rule that the punishment must be jail OR fine. Judges have a lot of room to impose whatever sentence they feel is appropriate and that sentence can generally include, jail, fine, community service, etc. or a combination of all.
As the charges are very serious and the consequences high, you may want to at least speak to an attorney about the details of your husband's case. I practice in most Municipal Courts from the Trenton area or South. If your husband's charges are in one of those courts, please feel free to contact me for a free review of the details of your case and to see what assistance I may be able to offer.
Thanks,
Daniel B. Kelley
(856)616-8080
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