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ROR before sentencing...


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#1 CJstudentNJ

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Posted 23 December 2012 - 07:35 AM

I have heard about a law or statute in which an inmate may be eligible to return to his residence for up to 60 days before getting sentenced under the condition that he/she would follow the guidlines of the court in NJ. I this true and can anyone tell me what the law is called? Thank You!

#2 adjusterjack

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Posted 23 December 2012 - 04:52 PM

I have heard about a law or statute in which an inmate may be eligible to return to his residence for up to 60 days before getting sentenced under the condition that he/she would follow the guidlines of the court in NJ. I this true and can anyone tell me what the law is called? Thank You!


Can't imagine why you think you need to know what the "law" is when it should be pretty obvious that a judge has the power and authority to release a defendant pending sentencing either OR or on bail depending on the circumstances.

However, if you need something official there is a section of the NJ Rules of Criminal Procedure that says something like that:

21-4. Sentence[list]
[*]
(a) Imposition of Sentence; Bail. Sentence shall be imposed without unreasonable delay. Pending sentence the court may commit the defendant or continue or alter the bail.
[/list]
http://www.judiciary...rules/r3-21.htm

"...alter the bail" tells me that a judge can alter the bail to OR where appropriate.

Quite often, a person convicted of misdemeanors is likely to get presentencing OR.

If you were on OR during prosecution and trial you would might get OR pending sentencing. But if you were in jail during prosecution and trial, you probably aren't going to be sent home pending sentencing.

Bottom line, though, there won't be any law that says the judge HAS to do it.

Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk.


#3 FindLaw_Amir

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Posted 24 December 2012 - 10:40 AM

To learn more about sentencing laws, you may wish to visit the Criminal Law Center: Criminal Procedure and read Sentencing as a good resource.
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