New Jersey Parole Ineligibility Terms
Passaic County NJ Criminal Defense Attorney
Alissa D. Hascup represents clients throughout New Jersey, including in Passaic County, Morris County, Essex County, and Bergen 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.
If you have been charged with 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 her office 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 Totowa 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 crime, a conviction may result in the imposition of 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 862-257-1200 or email her today to go over your legal options.