The New Jersey Plea-10 Supplemental Plea Form for No Early Release Act (ERA) Cases (N.J.S.A. 2C:43-7.2) [on or after June 29, 2001] is a document used for the plea agreement of ERA cases. It is a supplement to the plea agreement form NJ-PLEA-10 and must be completed and signed by the defendant and defense counsel. The form includes information about the ERA eligibility and the defendant's agreement to serve a minimum 85% of the sentence before being eligible for parole. It also requires that the prosecutor sign off on the agreement. The form must be signed off on by the court in order to be valid. There are two different types of New Jersey Plea-10 Supplemental Plea Form for No Early Release Act (ERA) Cases (N.J.S.A. 2C:43-7.2) [on or after June 29, 2001], one for guilty pleas and one for plea by Alford.
New Jersey Plea-10 Supplemental Plea Form for No Early Release Act (NERA) Cases (N.J.S.A. 2C:43-7.2) [on or after June 29,2001]
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You can face a first degree, second degree, third degree or fourth degree crime. First degree crimes are the most serious and a fourth degree crimes are the least severe in terms of felonies.
The term of imprisonment shall include the imposition of a minimum term. The minimum term shall be fixed at 10 years for a crime of the first or second degree, five years for a crime of the third degree, or 18 months in the case of a fourth degree crime, during which the defendant shall be ineligible for parole.
New Jersey's ?No Early Release Act,'' which requires that offenders charged and convicted of violent crimes serve a minimum of 85% of their sentences before becoming eligible for parole, became law in June, 1997.
NERA is applied after the defendant is found guilty of the underlying crime upon a finding that offense was also a violent crime. Under our law, a violent crime is when an individual uses or threatens the immediate use of a deadly weapon which was actually capable of producing death or serious bodily injury.
SENTENCING FOR NERA CRIMES IN NJ For example, if you are sentenced to 5 years per NERA, it means that you must serve 51 months out of a 60-month sentence. Additionally, the court will impose a 5-year term of parole supervision upon release for first degree crimes and a 3-year term for second degree crimes.
The No Early Release Act, or NERA, is a criminal statute in New Jersey that prohibits defendants from being let out of prison before serving at least 85 percent of their total jail term. Individuals convicted of certain crimes will be subject to the sentencing guidelines outlined in the NERA statute, N.J.S.A.
If you have been charged with a violent crime then may be exposed to the No Early Release Act (NERA). Under this Act, a person convicted of a violent crime must serve 85% of the sentence imposed before becoming parole eligible.