Modification or Reduction of Sentence in New Jersey Criminal Cases
Clifton NJ Criminal Defense Sentencing Lawyer
The Law Office of Alissa Hascup, LLC represents clients throughout New Jersey, including Clifton, Paterson, Wayne, Totowa, and Passaic County, who have been charged with criminal offenses such as kidnapping, criminal sexual contact, robbery, and resisting arrest.
Alissa D. Hascup has successfully handled thousands of cases in New Jersey, in Superior Court (indictable/felony level offenses) and Municipal Court (disorderly persons/misdemeanor level offenses). She is a former Assistant Morris County Prosecutor who handled a number of cases ranging from attempted murder and aggravated assault, to burglary and criminal mischief. Now she is fighting for you.
If you have recently been sentenced on a domestic violence related crime, you already understand the seriousness of the consequences and how critical it is to have an experienced attorney representing you at every stage of the criminal process, including Sentencing, and arguing aggressively on your behalf for the best possible result.
If you are seeking a modification or reduction of a recently imposed sentence, contact a skilled, knowledgeable lawyer at the Law Office of Alissa Hascup, LLC. Ms. Hascup is available 24 hours a day, 7 days a week. Your initial consultation is always free of charge.
Modification or Reduction of Sentence in New Jersey
Rule 3:21-10 governs motions for reconsideration of sentence.
Motions to modify or reduce a sentence must be filed within 60 days of the date of the Judgment of Conviction. (However, if an appeal has been filed, the Trial Court can reconsider a sentence at any point during the pendency of the appeal.)
A motion can be filed at any time to:
- Change a custodial sentence to permit entry of the defendant into a custodial or non-custodial treatment or rehabilitation program for drug or alcohol abuse; or
- Amend a custodial sentence to permit the release of a defendant because of illness or infirmity of the defendant; or
- Change a sentence for good cause shown upon the joint application of the defendant and prosecuting attorney; or
- Change a sentence as authorized by the Code of Criminal Justice; or
- Correct a sentence not authorized by law including the Code of Criminal Justice; or
- Change a custodial sentence to permit entry into the Intensive Supervision Program (“ISP”); or
- Change or reduce a sentence when a prior conviction has been reversed on appeal or vacated by collateral attack.
NOTE: Motions for entry into ISP are addressed by a 3-judge panel specifically assigned to hear them. There is no administrative or judicial review because of the nature of the program. There is also no appeal process from a denial. Should there be an admission into ISP and a subsequent failure to perform satisfactorily, the same 3-judge panel has the authority to resentence offenders.
NOTE: Where a parole ineligibility term is required or mandated by statute, an application for modification of sentence can not be granted prior to the expiration of the statutorily mandated parole ineligibility term. State v. Brown, 384 N.J. Super. 191, 194 (App. Div. 2006) (“Graves Act“)
Contact a Wayne NJ Criminal Sentencing Lawyer Today
If you find yourself in a situation where you or a loved one has recently been convicted of a crime of domestic violence and you are looking to modify the sentence, Alissa Hascup can help. Ms. Hascup is prepared to use her extensive experience and knowledge of the law to your advantage. Contact Ms. Hascup today for your free initial consultation.
