Law Offices of Anthony J. Vecchio, LLC – Freehold, NJ

4400 Route 9 South, Suite 1000
Freehold, NJ 07728
United States
Phone: (732) 303-7341
Email: info@anthonyvecchiolaw.com

Law Offices of Anthony J. Vecchio, LLC – Jersey City Office

2500 Plaza 5, Harborside Financial Center, Suite 2500
Jersey City, NJ 07311
United States
Phone: 1-800-418-8578
Email: info@anthonyvecchiolaw.com

Law Offices of Anthony J. Vecchio, LLC – Mt. Laurel, NJ

309 Fellowship Road, Suite 200
Mt. Laurel, NJ 08054
United States
Phone: (856) 642-2023
Email: info@anthonyvecchiolaw.com

Law Offices of Anthony J. Vecchio, LLC – Princeton, NJ

103 Carnegie Center, Suite 300
Princeton, NJ 08540
United States
Phone: (609) 452-2906
Email: info@anthonyvecchiolaw.com

Law Offices of Anthony J. Vecchio, LLC – Red Bank Office

125 Half Mile Road, Suite 200
Red Bank, NJ 07701
United States
Phone: 1-800-418-8578
Email: info@anthonyvecchiolaw.com

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NJ Defendant – Parent Asserts “Hardship Exception” to Jail Sentence

State v. V.B., unpublished opinion, App. Div. Docket No. A-1844-09T3 (September 22, 2010) – Conviction affirmed, case remanded for reconsideration of sentence. “By statute, a ninety day sentence is mandatory for her fourth shoplifting conviction, N.J.S.A. 2C:20-11c. However, she contends that in imposing an additional ninety days beyond the statutory minimum, the Law Division judge did not consider the extent to which defendant’s imprisonment would ‘entail excessive hardship’ to her children. See N.J.S.A. 2C:44-1b(11). Defendant has infant twins, for whom she was caring at the time she was sentenced. Clearly, in light of her prior criminal record, some period of incarceration is warranted as well as legally mandated. However, the difference between a three-month separation from a parent and a six-month separation may be significant in the life of an infant. The judge did not directly or clearly address the hardship issue or explain why the additional ninety day sentence was nonetheless justified in light of the hardship claim. See State v. Dalziel, 182 N.J. 494, 504-05 (2005). We therefore remand this issue to the trial court for reconsideration. The issue on remand should be decided before defendant reports to jail, so that she can make appropriate arrangements for the care of her children in light of the length of her sentence.”

About Anthony Vecchio

Experienced criminal defense attorney Anthony J. Vecchio is a member of the New Jersey Association of Criminal Defense Lawyers and the New Jersey State Bar Association, among others. He serves clients charged with DWI, drug crimes, violent crimes, and other criminal charges throughout New Jersey. Anthony Vecchio's Google+ Profile

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