Legal Question in Criminal Law in New Jersey

If you sign max papers on a sentence in nj are you leagally max out on your sentence?

in 2006 i plead guilty to (4th degree leaving the scene of serious MVA)( 3rd degree Assault by auto) and (3rd offence dwi) I took a plea deal for for these offences.they gave me on counts 2&3 364and 5 years probation running concerent...and 180days running consecutive on the dWI..THE doc aggragated my sentence and sent me to state prison... in the plea deal it said i wont go to prison ....I did 15 months or so and upon release I Signed DOC max out papers so am i leagally on probation cause now im facing a violation???


Asked on 8/01/10, 7:53 am

1 Answer from Attorneys
Joseph Grassi Barry, Corrado, Grassi & Gibson, PC

Your question is a bit difficult to answer, but here is what I think is the situation. You are legally on probation. You received county jail as a condition of probation. That was converted to a state prison term when it was aggregated with the 180 days on the DWI. Your "max" date was calculated on the sentence you received.

Here is the bad news. Since you are on probation, which is not affected by the "max" date, you can now be resentenced to up to 5 years in prison. You will get credit for all the time you spent, which I think will include those days that you were on parole.

Not the answer you wanted to hear, I am sure, but the way it is. Good luck.

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Answered on 8/06/10, 8:02 am


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