NJ Robbery Matter leads To Another Jail Credit Decision
- October 20, 2013
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In a case stemming from two separate robberies in Essex County, allegedly committed by Amerigo Rodriguez, the NJ Appellate Court considered the manner in which jail credits accrue. Rodriguez pled to two 2nd degree robbery charges and was sentenced to two consecutive 10 year terms, each of which carried an 85% parole disqualifier under the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. Before a parole detainer was lodged against Rodriguez, he received 4 days of jail credit on one judgment of conviction and none on the other. Rodriguez appealed the decision regarding jail credit and the NJ Appellate Division, in State v. Rodriguez, reviewed the facts in light of other NJ cases in which parole detainers were lodged against defendant’s awaiting disposition of other charges. In State v. Harvey, 273 N.J. Super. 572 (App. Div. 1994), Harvey was charged with 3rd degree possession of cocaine with intent to distribute within 1,000 of a school zone and 3rd degree conspiracy to distribute cocaine. The Harvey court considered Rule 3:21-8 to uphold a decision that defendant would receive only 3 days of jail credit for pre-sentence custody. In Harvey, the Appellate Court reasoned that, had the defendant bailed out on the new charges he would have remained in custody due to the parole violation and therefore no jail credits would accrue on the new charges. In State v. Black, 153 N.J. 438 (1998), a case commonly cited to when courts are considering jail credits, the NJ Superior Court held that any confinement served as a result of a parole warrant did not qualify in the accrual of jail credits during the pendency of sentencing on later matters. Ultimately, the guidance of prior decisions led to the court’s affirmation of the decision below in RodriguezIf you are facing criminal charges in New Jersey while under supervision for other charges, the view the prosecution or finder of fact may take of you and the final sentence you may receive are likely to be affected by the prior supervision issue. It is imperative that you seek experienced criminal defense counsel when facing any charges against you and prior supervision only serves to complicate your matter by magnification of any negative issues the prosecution can find against you. For more information about robbery, burglary, drug charges or other serious criminal or municipal court offenses in NJ visit HeatherDarlingLawyer.com. This blog is for informational purposes only and not intended to replace the advice of legal counsel.