Modification or Reduction of Sentence in New Jersey Criminal Cases
Totowa NJ Criminal Defense Sentencing Lawyer
Alissa D. Hascup represents clients throughout New Jersey, including in Passaic County, Morris County, Essex County, and Bergen County, who have been charged with criminal offenses such as kidnapping, criminal sexual contact, robbery, and resisting arrest.
If you have recently been sentenced for a crime, you already understand the consequences of a conviction and how critical it is to have an experienced attorney argue aggressively on your behalf at every stage of the criminal process, including Sentencing.
If you are seeking a modification or reduction of a recently imposed sentence, contact Ms. Hascup for a free initial consultation.
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 Totowa 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 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.
