New Jersey Parole Ineligibility Terms

Passaic County NJ Criminal Defense Attorney

Alissa D. Hascup represents clients throughout New Jersey, including in Paterson, Clifton, Totowa, Wayne, and Passaic County, who have been charged with serious crimes that may subject them to terms of parole ineligibility. These crimes include murder, kidnapping, sexual assault, and weapons offenses.

Ms. Hascup is a battle-tested criminal defense attorney who 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 also a former prosecutor who handled cases ranging from aggravated assault and burglary to terroristic threats and drug offenses during the course of her distinguished career. Now she is on your side.

If you have pleaded guilty to or been found guilty of a crime that may subject you to a period of parole ineligibility, it is critical for you to have an experienced attorney represent you at sentencing. Alissa Hascup understands the importance of arguing aggressively on your behalf for the best possible outcome. Contact the Law Office of Alissa Hascup, LLC anytime for an initial consultation, which is always provided free of charge.

Parole Ineligibility Terms in New Jersey: N.J.S.A. 2C:43-6b

N.J.S.A. 2C:43-6b governs terms of Parole Ineligibility. It sets forth:

As part of a sentence for any crime…the court may fix a minimum term not to exceed 1/2 of the term set…during which the defendant shall not be eligible for parole.

NOTE: Parole ineligibility terms may be imposed on any crime.

The standard for imposition of a parole ineligibility term (when not mandatory) is whether the court is “clearly convinced” that “the aggravating factors substantially outweigh the mitigating factors” OR when Aggravating Factor 5 (Organized Criminal Activity) applies.

Convictions for certain offenses, however, carry sentences with mandatory periods of parole ineligibility. Examples are:

  • 3rd or Subsequent Conviction for DWI – N.J.S.A. 39:4-50a(3) Mandatory 180 days in the county jail
  • Kidnapping of Victim Under 16 for Sexual Purposes – N.J.S.A. 2C:13-1c(2) Mandatory 25-year period of parole ineligibility
  • 2nd or Subsequent Conviction for Luring a Child – N.J.S.A. 2C:13-6 Mandatory period of parole ineligibility between 1/3 to 1/2 of the sentence imposed or 3 years, whichever is greater
  • Carjacking – N.J.S.A. 2C:15-2 Mandatory minimum sentence of 5 years parole ineligibility

Contact a Paterson NJ Criminal Lawyer for a Free Consultation

If you find yourself in a situation where you or a loved one have been charged with a serious criminal offense, a conviction may result in exposure to a parole ineligibility term. Alissa Hascup knows how important it is to attack the State’s case and limit your sentencing exposure to the greatest extent possible. She is prepared to use her extensive experience and knowledge of the law to your advantage. Call or email the Law Office of Alissa Hascup, LLC today to go over your legal options.

Legal News

Contact Us

If you are facing criminal charges in New Jersey, you want a battle-tested, aggressive criminal defense attorney on your side. Alissa D. Hascup will protect your rights and your freedom. She is highly skilled and highly motivated and puts clients first – always.

Please contact Ms. Hascup’s office today to request a free initial consultation about your charges. She will review the facts of your case, answer your questions and tell you how she can help get your charges significantly reduced or even dismissed.

With offices in Paterson, Newark and Hackensack, Ms. Hascup can be reached 24/7 and offers nights and weekend appointments as well as flexible payment options.

Courts We Serve

In Passaic County, including Paterson, Clifton, Wayne, Passaic, West Milford, Hawthorne, Little Falls, Pompton Lakes, Ringwood, Woodland Park, Wanaque, Totowa, North Haledon, Haledon, Bloomingdale, and Prospect Park and in Essex County, including Newark, East Orange, West Orange, South Orange, Irvington, Bloomfield, Montclair, Belleville, Nutley, Maplewood, Millburn, Verona, Cedar Grove, West Caldwell, Glen Ridge, Fairfield, and Roseland.