Our office represents people charged with criminal
and disorderly persons offenses. We provide representation throughout New
Jersey. Criminal charges can cost you. If convicted, you can face jail, high
fines, Probation over 18 months and other penalties. Don't give up! Our Law
Office can provide experienced attorney representation for hashish and other
criminal matters. Our website www.njlaws.com provides information on criminal
offenses we can be retained to represent people.
If someone has been convicted of a criminal offense
and sent to jail, a formal motion for reduction of sentence can be filed.
Pursuant to Rule 2C:43-2(b), the court may suspend the imposition of sentence
on a person who has been convicted of an offense. The New Jersey Practice
Series Book further indicates that there is no prohibition against suspending
the imposition of sentence even when the defendant was convicted of murder. The
New Jersey Practice Criminal Law, Section 702 by Miller cites to State v.
Maguire, 176 N.J. Super. 164, 168 reversed on other grounds 84 N.J. 508 (1980).
The motions often include the following language:
The jail term poses a substantial hardship to my
wife and my children. (1) I am making this motion pursuant to Rule 3:21-10A to
reduce or change the jail term.
I recognize that the court has discretion to reduce
or eliminate the continued jail sentence. N.J.S.A. 2C:43-2(b)(7) also permits
imprisonment at night or on weekends with liberty to work or participate in
training or educational programs.
I would request imprisonment at night or weekends
or some other provision to prevent me to return to my job.
The following in a modification of an Order
successfully used in a prior Motion:
SUPERIOR COURT OF NEW JERSEY
LAW DIVISION-MIDDLESEX COUNTY
INDICTMENT NO.
Criminal Action
ORDER TO CHANGE SENTENCE PURSUANT TO RULE 3:21-10
FOR REDUCTION OR CHANGE OF SENTENCE
This matter having been opened to the Court upon
motion of attorney for D1 for an Order changing the sentence of D1 pursuant to
Rule 3:21-10, and the Court having considered the Certification submitted,
documents attached in support of the Motion, and the argument of counsel, if
any, and for good cause shown, it is on this ______ day of ______________,
ORDERED that the sentence of D1 is modified to
______________________________________________________ pursuant to Rule
3:21-10, and it is further
ORDERED that a copy of this order be served upon
all Counsel within ten (10) days.
________________________________,J.S.C.
The following explains in details the requirements
for Reduction or Change of Sentence under Court Rule 3:21-10:
(a) Time. Except as provided in paragraph (b)
hereof, a motion to reduce or change a sentence shall be filed not later than
60 days after the date of the judgment of conviction. The court may reduce or
change a sentence, either on motion or on its own initiative, by order entered
within 75 days from the date of the judgment of conviction and not thereafter.
(b) Exceptions. A motion may be filed and an order
may be entered at any time (1) changing 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
(2) amending a custodial sentence to permit the release
of a defendant because of illness or infirmity of the defendant, or
(3) changing a sentence for good cause shown upon
the joint application of the defendant and prosecuting attorney, or
(4) changing a sentence as authorized by the Code
of Criminal Justice, or (5) changing a custodial sentence to permit entry into
the Intensive Supervision Program, or
(6) changing or reducing a sentence when a prior
conviction has been reversed on appeal or vacated by collateral attack.
(c) Procedure. A motion filed pursuant to paragraph
(b) hereof shall be accompanied by supporting affidavits and such other
documents and papers as set forth the basis for the relief sought. A hearing
need not be conducted on a motion filed under paragraph (b) hereof unless the
court, after review of the material submitted with the motion papers, concludes
that a hearing is required in the interest of justice. All changes of sentence
shall be made in open court upon notice to the defendant and the prosecutor. An
appropriate order setting forth the revised sentence and specifying the change
made and the reasons thereof shall be entered on the record.
(d) Consideration During Appeal. Notwithstanding R.
2:9-1(a), the trial court may reconsider a sentence pursuant to this Rule
during the pendency of an appeal upon notice to the Appellate Division.
In Municipal Court, the following Rule 7:9-4.
provides for Reduction or Change of Sentence:
(a) Time. The court, in its discretion, may reduce
or change a sentence, either on its own motion or on the motion of defendant,
which may be either oral or written, at any time during which the court retains
jurisdiction over the matter.
(b) Procedure. All changes of sentence shall be
made in open court upon notice to the defendant and the prosecuting attorney.
An appropriate order setting forth the revised sentence and specifying the
change made and the reasons for the change shall be entered on the record.
CONCLUSION
If charged with any criminal offense, immediately schedule an
appointment with a criminal trial attorney. Dont rely on a real estate
attorney, public defender or a family member who took a law class in school.
When your life and job is on the line, hire the best attorney available.
