Law Offices of Michael T. Nolan, Jr.

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Man avoids persistent offender sentence

Among the many concerns that New Jersey residents may face when arrested for crimes after they have been convicted of other offenses previously is the designation as a persistent offender. This label may result in harsher sentences and even lifetime supervision depending upon the circumstances.

The identification as a persistent offender was something that prosecutors were seeking for one man who was convicted of three offenses in Clinton County in late 2016. However, the judge in the case refused to grant the prosecution's request in this area. The judge also handed down a sentence that was lesser than the one sought by prosecutors. Instead of 12 years in prison and fines as high as $60,000, the defendant has been ordered to serve 10 years in prison and pay absolutely no fines. Upon completion of the 10-year sentence, the man will be subject to a period of supervision lasting three years.

The man was convicted of one fourth degree felony for conspiracy and two third degree felonies for drug possession. The defendant had been charged of one misdemeanor second degree possession of drug paraphenalia. For that offense, he was acquitted and will therefore have no penalties associated with that charge. The convictions and sentencing are for his arrest in August of 2015.

Getting help from an attorney after an arrest may give defendants information about how they can approach the defense process. It may be a way to understand things like the persistent offender designation and what it really means.

Source: Press Republican, "New Jersey man gets 10 years for drug possession," Cara Chapman, Jan. 28, 2017

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