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New Jersey Parole, Probation, Halfway House, Community Service, etc. All information & questions relating to parole, probation, halfway house, community service, electronic monitoring, etc. in New Jersey should be posted here.

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  #1  
Old 07-04-2017, 01:45 PM
Schnorgan Schnorgan is offline
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Default Reconsideration of Sentencing ?!

So my husband was charged with 2nd degree official misconduct with a sentence of a 3rd degree sentencing was 3years with a 2year stip. He has been denied for everything so far but ISP, we were thinking about if he gets denied from ISP about going and submitting for the Reconsideration of Sentencing. Can I get some information on how it works? could it be a negative thing to do? How do we go about doing it? DO you think it is even possible? Someone mentioned to him that he should try to suspend his sentence and ask for 3years of parole. Any advice on this would be great!
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Old 07-05-2017, 12:06 AM
georgelpz georgelpz is offline
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Quote:
Originally Posted by Schnorgan View Post
So my husband was charged with 2nd degree official misconduct with a sentence of a 3rd degree sentencing was 3years with a 2year stip. He has been denied for everything so far but ISP, we were thinking about if he gets denied from ISP about going and submitting for the Reconsideration of Sentencing. Can I get some information on how it works? could it be a negative thing to do? How do we go about doing it? DO you think it is even possible? Someone mentioned to him that he should try to suspend his sentence and ask for 3years of parole. Any advice on this would be great!
Personally, I would just do the sentence and get it over with. I say that with full confidence since I pled guilty to 3rd degree official misconduct and got sentenced to a 5 with a 2 - I just got released in March. Your husband, as did I, got very lucky and got sentenced to 2 years instead of the MANDATORY 5 that comes with 2nd degree official misconduct. Your husband got sentenced as a 3rd degree offender and I pled mine down to 3rd degree. I also hate to be the bearer of bad news, but your husband will be denied ISP, because in order to be considered for ISP, your stip must have already come to an end, so he will be eligible until after his 2 years.

I would NOT go for a sentence reconsideration. There is a strong possibility, considering he was sentenced UNDER the guidelines for 2nd degree OM, that he could be re sentenced and be given a 5 with a 5. I know it's tough sometimes and that this is a difficult time - trust me, I've been there - but sometimes it's also best just to do the time and be done with it. ESPECIALLY considering it's really very little "prison" time that he has to do. In the grand scheme of things, it is. At the halfway house, I met a guy and became friends with someone who had JUST FINISHED 42 years!!! Just think of the difference!!!
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Old 07-05-2017, 04:02 AM
Schnorgan Schnorgan is offline
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Thank you! I appreciate your honesty and the information. If you don't mind me asking, how close did you have to be to get into the halfway house? They told him he was immediately eligible and allowed him to apply but Central Office denied him. Will he be forever denied? Especially since he was also denied for Jones Farm and they told him he was a great candidate. As you can see I am full of questions, I hope you don't mind.
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Old 07-05-2017, 02:26 PM
kronikenergy kronikenergy is offline
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he can try anything that he wants. there is a reconsideration and something else. One of them, i forget which, you basically reopen your case and they can give you more time. I have seen many try to do things like this and unless he has an absolutely solid way to dispute his conviction it is most likely a waste of time. And i have never heard of anyone getting sentenced then them changing it to just parole. Im not saying it isnt possible because i dont know 100% but i have never heard of it.
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