Newark, NJ asked in Criminal Law for New Jersey

Q: Can a convicted person, guilty of one criminal charge, be sentenced prison time and probation time?

If a person has been found Guilty of a crime, awarded a maximum prison sentence date, and completed the sentencing time, can probation be ordered by the judge during sentencing and must it be served after the maximum prison sentence date?

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1 Lawyer Answer
Kristofher Beralo
Kristofher Beralo
  • Criminal Law Lawyer
  • Jersey City, NJ
  • Licensed in New Jersey

A: Generally no. You may be confusing probation and parole. Both are alternative ways to serve a sentence outside of jail after a guilty finding. Probation means all of the sentence is served outside of jail unless the individual violates the terms of their probation. Usually, if the sentence is jail time, an individual is not placed on probation afterwards.

Parole is another alternative way to serve part of a sentence outside of jail. An individual qualifies for parole after first serving a certain amount of their sentence in jail. Mandatory minimums are different depending on the charges.

Either way, a judge usually cannot impose a lengthier sentence that the maximum allowed by law, whether it be probation, jail time, or a combination of jail time and parole.

Defendants should always consult with an attorney because exceptions to this general rule do exist. One example in New Jersey is Parole Supervision For Life.

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