No Early Release Act (“NERA”)
NERA Defense Attorney in Union County NJ
The No Early Release Act (“NERA”) results in a period of parole ineligibility being imposed wherever an individual is sentenced for a first degree or second degree crime of violence. Under this law, a defendant may not be released on parole until at least eighty-five percent (85%) of the prison sentence has been served. This is considered the mandatory minimum term of incarceration under NERA and there can be no consideration for parole until this time has elapsed. It is imperative that every effort therefore be undertaken to avoid conviction for a NERA related offense at the Union County courthouse in Elizabeth. Our former prosecutors and highly skilled attorneys have a tract record of achieving outcomes where there is either no period of incarceration or a flat jail term (i.e. no period of parole ineligibility). Call us at 908-272-1700 if you would like to discuss a NERA eligible offense that was filed against you in Elizabeth, Plainfield, Union, Hillside, Rahway or in another Union County location. Initial consultations are free of charge.
Offenses That Fall Under The No Early Release Act
As stated, violent crimes of the first or second degree trigger the parole ineligibility/mandatory minimum sentence requirements of NERA. The offenses are set forth at N.J.S.A. 2C:43-7.2 and include:
- All homicide offenses including murder, aggravated manslaughter, manslaughter and vehicular homicide/death by auto;
- Second degree aggravated assault;
- Disarming a police officer;
- Sexual assaults (including aggravated sexual assault);
- Aggravated arson;
- Second degree burglary;
- First degree racketeering; and
- Causing a drug induced death.
The sentencing requirements imposed under NERA are mandatory for all charges listed above. What this means is that neither the prosecutor nor the Judge have any discretiion to side step a mandatory minimum sentence when someone is convicted of an offense falling under the No Early Release Act. This requirement also applies to a conviction for conspiracy or attempt to commit one of the charges enumerated above.
Parole Supervision Upon Release
The provisions of the No Early Release Act also result in mandatory terms of parole supervision upon release from prison. For a first degree crime, the supervision period is five (5) years. A second degree crime results in three (3) years of parole supervision.
Elizabeth NJ Criminal Attorney for NERA Offenses
All first degree and second degree crimes are heard at the Union County Superior Court, Elizabeth NJ. If you are facing a crime of violence involving either of these grades, you need an attorney with experience defending serious criminal charges in this venue. This is precisely what the lawyers at our Union NJ Office can afford you. It is clearly in your interest to seek legal assistance from the very best lawyer you can find in order to maximize your chances of avoiding state prison. The Law Offices of Jonathan F. Marshall has the credentials to accomplish this goal. Call us anytime 24/7 at 908-272-1700 for a free consultation.