Q: I was charge with 2c:21-1A (2) , 2c:21-1A (3) and 2c:20-4 will I face jail time? I’m a first offender
I was charged with the above crimes by depositing two checks twice. Will I face jail time?
A: presumption of no jail for first offense
Disorderly person criminal offenses- ex Simple Assault, shoplifting & cases in Municipal Court
Jail 2C: 43- 8 jail 6 month maximum
probation 1-2 year max
community service 180 days maximum
Disorderly- fines: $1,000 Fine maximum under 2C: 43- 3
plus mandatory costs, VCCO and other penalties
There are many other penalties that the court must impose in criminal cases, including DNA testing. There are dozens of other penalties a court can impose, depending on the type of matter.
Drug offenses: in addition to above penalties, mandatory minimum $500 DEDR penalty, mandatory lab fee and other court costs over $200, mandatory 6 month- 2 year loss of license, plus usual Probation, drug testing and other penalties. If attorney's Conditional Discharge motion is granted for first time offender. penalty can be reduced. In certain drug cases, the fine can be up to $75,000.
-Petty Disorderly person - 30 days jail maximum
Petty DP $500 max Fine, VCCB and other penalties
Indictable Crime Penalties [Felony type] [ Superior Court]
Jail potential Fine max Probation
1st degree 10- 20 years $200,000 [presumption of jail]
2nd degree 5-10 years $150,000 [presumption of jail]
3rd degree 3- 5 years $15,000 1 year- 5 year
4th degree 0- 18 months $10,000 1 year- 5 year
A: Yes you face jail time, BUT if you get a good lawyer even a murder who faces jail time has a chance of getting off without any jail. Being a first time offender helps you as diversionary programs exist, but what is even more important is how much money was involved and how the crime was committed because they need prosecutorial agreement. I suggest you set up a consultation with an experienced criminal lawyer. In general the better the lawyer you get the less time if any you will do. Most of us criminal lawyers offer a free in office consultation, I suggest you set one up ASAP as the more time a lawyer has to work with you the more your lawyer can do to help you. The problem is with most people is that they wait too long to hire a lawyer and expect the lawyer to deliver results with no time to produce them.
A: If you're found guilty of first or second degree or don't plead to a presumption of non - incarceration offense (3rd of 4th degree) then it'll depend on the aggravating factors that the State will present against you and mitigating factors that your attorney will present on your behalf. The Courts must weight agg. v. mitigating factors if they're looking to impose jail time and create a thorough record of their reasoning as to why you belong in jail and everything they say is fodder for appeal.
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