Opposing Imposition of a Consecutive Sentence in New Jersey
Frequently, the prosecutor may argue that all or some counts of an indictment be made to run consecutively and not concurrently to one another. Defense counsel must oppose this. But how? What follows is the case law and an analysis on the criteria that judges must follow in deciding whether a sentence should be made […]
Challenging a Discretionary Extended Term of Imprisonment Under New Jersey’s Persistent Offender Statute
New Jersey’s persistent offender statute grants a sentencing court judge the discretion to impose an extended term when the statutory pre-requisites for an extended term sentence are present. State v. Pierce, 188 N.J. 155, 161 (2006). An extended term under the persistent offender statute is only available upon application of the prosecutor. State v. Thomas, […]