Legal Question in Criminal Law in New Jersey

Penalty for Burlary, Theft, and Forgery

Here is the fact pattern: In August 2001, my neice broke into my father inlaws house. Stole 2 of his personal checks,wrote one out for $400.00, she was and another for $700.00, she wrote her as the payee, forged his signature, she endorsed the reverse side. She is charged with 2 counts of buglary, 2 counts of theft, and 2 counts of forgery. She has a prior record from May 2001 where she entered into PTI - Pre Trial Intervention: She had left her 2 children (2yrs old and 11 mon old) alone in the house. She had time served. I do not know the final outcome, but she can only see the childern under supervision. I would like to know the maximum and minimum sentence for the 6 counts against her (2 Burglary, 2 Theft, 2 Forgery)

Thank you.


Asked on 10/02/01, 2:44 pm

2 Answers from Attorneys
Evan Levow Lutz, Levow & Costello, P.A.

Re: Penalty for Burlary, Theft, and Forgery

All of the charges are third degree matters, that could possibly carry on each five years, two and one-half without parole, for a possible total of 30 years, 15 without parole. That result, however, is tremendously unlikely. The right result in that situation, is still probably probation. Please contact me to discuss this matter. 856-428-5055.

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Answered on 11/08/01, 7:20 am
Savyon Grant Law Office of Savy Grant

Re: Penalty for Burlary, Theft, and Forgery

The charges a third degree. What is the status of the PTI? This would constitute a violation of PTI & would automatically reopen the old matter. So she is facing 2 Indictable cases.

Individuals without prior convictions are eligible for probation. The problem is that on a 2nd cases a judge can sentence her to county jail as a condition of probation or to State prison for a period of 3-5 years on each count. I tend to disagree with the other attorney, she is not looking at a period of parole ineligibility but she is potentially looking at a top number of 30 years. There is also something in the law that is call the "merger doctrine"; I believe the 6 charges can be merged to 3 charges, which would make her maximum exposure to be 15 years.

She must hire a criminal defense attorney, the faster the better. The attorney can negotiate this matter with a prosecutor prior to indictment. (Usually the best result occur pre indictment at PIP Court.)

I can be reached at 201-646-9600. I will be very happy to answer as many questions as you have. I have been admitted to practice for over 10 years & I was a Public Defender in Newark for 3 years. My practice is 85% Criminal Defense.

Savy Grant

Attorney at Law

www.njcrime.com

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Answered on 11/08/01, 12:54 pm


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