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- 27 December, 2016
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Middlesex New Jersey Criminal Defense Lawyer
With over one hundred years of combined criminal defense experience, the attorneys at The Law Offices of Jonathan F. Marshall possess quite a bit to offer you at sentencing on a criminal charge in Middlesex County. Whether your offense involves allegations of theft by deception, robbery, burglary, or shoplifting, you can count on our having the skills to effectively defend your case at the Middlesex County Superior Court or in any municipal court in the region. We are former prosecutors with over a century practicing in this area of law. If you are looking for a seasoned lawyer to represent you at sentencing or any other stage of the criminal process, we have the tools to lead to success. Our team is ready to help you anywhere in the county including in Plainsboro, South Brunswick, Metuchen, and Woodbridge. Call one of our conveniently located offices in New Brunswick, Piscataway, East Brunswick or Woodbridge for a free consultation.
Stages of a Criminal Case: Sentencing
If a defendant decides to enter a plea agreement with the State rather than go to trial, the next step in the criminal legal process is sentencing. After the defendant enters a plea of guilty and provides a factual basis to the Court for the underlying offenses committed, the Court will then schedule a new court appearance for sentencing. In the meantime, the Court will create a Pre-Sentence Report for the sentencing Judge which includes the defendant’s pedigree information, family history, educational background, and any prior criminal record. This report ensures that the Judge will be fully informed of the surrounding circumstances when sentencing the defendant.
Moreover, if the defendant enters into a plea agreement with the State and, for example, the agreement includes a sentencing recommendation of “3 flat” which means a three-year prison sentence, this is only a recommendation to the Court. The Judge has to discretion to sentence to the defendant to less than 3 years or more than 3 years in prison. However, if the Judge sentences the defendant to more than 3 years in prison, the defendant then has an opportunity to withdraw his plea and begin the criminal legal process again. Further, the guilty plea or factual basis cannot be used against him or her as the criminal process starts over.
Contact the experienced attorneys and former prosecutors at The Law Offices of Jonathan F. Marshall with any questions or concerns that you have. We can be reached 24/7 for free consultation by contacting our New Brunswick Office at (732) 246-7126.