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The Decision to Accept a Plea Bargain

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It is estimated that approximately 95% of guilty pleas are the result of plea bargains as opposed to a verdict reached by a jury in a trial. In most cases, unless prohibited by New Jersey law, a plea agreement will be offered to the defendant. When criminal charges threaten to destroy the lives of the defendant and their loved ones, they might wonder if a plea bargain is worth accepting.

How the Courts Decide When to Offer a Plea Bargain

In many criminal cases, the prosecution has too much evidence against the defendant. There is little possibility that the case would be dismissed. If a guilty verdict is reached, the sentence could be significant prison time. It is situations such as these where a plea bargain should be considered a valid option. Your Morristown criminal defense lawyer can help you decide if a plea bargain is right for your case, but the ultimate decision is entirely yours to make.

When a plea bargain is offered, the prosecution is required to follow specific sentencing provisions set by the New Jersey Code of Criminal Justice. Any offers that the prosecution may extend to the defendant are based on the range of sentence possibilities for the criminal charges in question. Plea bargain offers usually align with the midpoint of the range of sentencing possibilities.

If a case qualifies for a plea agreement, the judge might advise both the prosecution and the defense to consider a plea deal. Even when recommended by the courts, the judge is not obligated to accept the proposed deal. If a deal is not accepted, the prosecution and the defense can continue to negotiate an alternative deal the court might be more willing to accept.

What Role the Judge Plays in a Plea Agreement

The judge will have the final word by having full discretion over whether to accept or reject the proposed plea deal. His honor will carefully weigh factors such as the severity of the crime, the character criminal record of the defendant, why the plea is being negotiated, and if the plea deal is in the best interest of both the victim and the general public.

A defendant cannot enter a plea until the judge accepts the arrangement. When presented with a plea deal, the judge has several options. These include:

  • Accepting the plea deal as presented
  • Rejecting the plea agreement and supplying reasoning behind the decision to reject it
  • Choosing to defer the decision until there is time to review the pre-sentencing report
  • Accepting the terms of the plea agreement but rejecting the terms of the sentencing
  • Recommending that the defendant pleads without a deal in place

If the judge recommends that the defendant pleads without any deal, it is usually an indication that the judge may be considering a lesser sentence than that being presented by the prosecution. Once the deal has been accepted, the defendant must immediately plead guilty to the charges as they appear in the deal.

Criteria for Plea Bargains

In addition to the sentencing provisions mentioned above, there are five criteria that must be met in order for a plea negotiation to be possible. Your Morristown criminal defense attorney can advise you as to whether you can expect an offer of a plea agreement. The five criteria are:

  1. The case must be prosecuted by either a municipal prosecutor, county prosecutor, or the attorney general of New Jersey.
  2. The defendant must have legal representation, or they must have waived their right to counsel.
  3. Before the plea can be made, the prosecutor must confirm that the defendant has been consulted about and agrees to such a plea.
  4. The matter being pled needs to be on record that it is within the municipal court jurisdiction and that it does not affect any other offenses faced at the county level without agreement from the prosecutor from the county.
  5. Any sentence recommended as a result of the plea agreement cannot be less than the mandatory requirements for that offense.

Types of Plea Bargains

It is important to remember that a plea bargain is an admission of the defendant’s guilt. When there are criminal charges, there are set sentencing guidelines that are applied. A plea agreement will set the punishment, potentially reduce or change the charges, or set other requirements for fulfilling the penalty requirements. There are three types of plea agreements:

  • When there are multiple charges, a plea agreement may be offered for the defendant to plead guilty to one charge in order to have the other charges dismissed.
  • The prosecution may offer sentencing minimums in exchange for a guilty plea.
  • The prosecution might offer charges that are reduced from the original charges in order to obtain a guilty plea from the defendant.

Plea agreements are actually quite common. Sometimes, there will be other conditions such as probation or an agreement to testify against someone else. Plea agreements are less expensive than a trial for both the prosecution and the defense.

Charges Where a Plea Bargain Should Be Considered

While there are many criminal charges that have a good chance at trial with the right Morristown criminal defense attorney, if a defendant faces charges where the prosecution has a good case against them, pleading down your charge is a good option. There are also some charges where the prosecution is prohibited from negotiating a plea. There might be a plea agreement that offers you other options as well. Charges where you should always consider a plea include:

  • Moving violations
  • Drug possession
  • Drug possession with intent to distribute
  • Crimes involving threats made to another person
  • Driving under the influence (DUI) or driving while intoxicated (DWI)
  • Assault and other violent crimes
  • Domestic violence
  • White collar crimes
  • Internet-related crimes
  • Juvenile charges
  • Theft

Plea agreements are most commonly offered to those who are first-time offenders. Defendants with a long history of criminal activity might not be given this option.

The Importance of Retaining a Morristown Criminal Defense Lawyer

If you are facing criminal charges, you should not go to court without understanding every aspect of the process you will be facing. You need to be aware of the mandatory sentencing requirements that would come with a guilty plea or verdict and if there is a possibility of a plea negotiation with the prosecution. You will need to be ready to prove your character, too. If you have a history of prior criminal activity, you need to know how your priors will affect your current case. If a plea deal is offered, your attorney can help with negotiations and know whether or not you should accept the offer. It is most helpful to have someone on your side who is familiar with the judges and prosecutors in the Morristown court system.

Criminal defense lawyer Gregg Wisotsky has been practicing in the Morristown area for more than 30 years. He can help you with every aspect of your criminal charges. Contact us today at 973-898-0161 if you are ready to discuss your situation.

Everything You Need to Understand About Wire Fraud

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A Comprehensive Guide to Wire Fraud

When one party defrauds another via an electronic communication, this would be considered the white-collar crime that is known as wire fraud. In 2019 alone, over $220 million was lost as a result of real estate wire fraud. The prosecution must prove several elements in order for a wire fraud conviction to occur.

What Does Wire Fraud Entail?

Wire fraud involves any kind of fraudulent activity that occurs via signals, pictures, sounds or writings that are effectively transmitted through a wire. These methods could include radio, fax, telephone, internet or television. In order for someone to be convicted of wire fraud, the prosecution for the case will typically be tasked with proving that:

  • The individual created a scheme to commit wire fraud
  • The individual intended to commit wire fraud
  • A wire-based technology was used to complete the scheme in question

When looking at the scheme aspect of wire fraud, there usually needs to be intent for a conviction to occur. If the defendant planned to make a false or misleading statement to accrue money or an item of value from another entity, fraud has likely occurred. Participating in wire fraud without knowing that you are doing so is not enough to obtain a conviction. On the other hand, a conviction can occur if fraud was a foreseeable result of the action.

Keep in mind that wire fraud convictions can occur even if the scheme was ultimately unsuccessful. Many different actions constitute wire fraud. Using any kind of interstate communication device to transmit materials would be classified as wire fraud. As mentioned previously, these messages or transmissions can be sent through the radio, telephone, internet, television, email and fax machine. Wire fraud can also occur when one individual pressures another person to perform a wire transfer.

Wire fraud can occur as a part of bank, insurance or tax scheme. The types of information that can be transmitted in an attempt to commit fraud include improper statements that were made to investors or customers, incorrect income documents, and fraudulent bank statements. Wire fraud is considered to be a serious offense and the penalties are severe if a conviction is obtained.

Some Examples of Wire Fraud

Many cases of wire fraud involve the act of defrauding businesses, and it is very common for banks to be the victims. Another common example is when false insurance claims are made in an attempt to obtain compensation for injuries or other losses that did not actually occur. While many cases of wire fraud involve businesses, it is important to understand that it is common for someone’s personal financial information is targeted as well.

Hackers who gain access to someone’s bank account or credit card information could be convicted of wire fraud if the information was used to obtain money for their own benefit. Wire fraud can happen if financial information is obtained as a part of telemarketing fraud, phishing or internet scams. Phishing is a serious cyberattack that involves using deceptive websites or emails to obtain personal information from unsuspecting individuals.

Perhaps the most famous example of wire fraud is the highly-publicized scam involving a “Nigerian prince.” The scam begins with an email that’s sent to an individual by an alleged member of Nigerian royalty. This email will contain details about an unfortunate situation that the sender is in and that has made him unable to gain access to his bank account. The “prince” will then request bank account information from the recipient of the email so that he can deposit his money into the account for a short period of time.

If the email recipient complies with the request, the bank account information will be used to get access to the account and all the funds that are available in it. Despite the obvious nature of this particular scam, wire fraud can also be subtle and difficult for someone to avoid, which is why the penalties are severe.

Penalties Associated With Wire Fraud

There is a range of serious penalties that is associated with a wire fraud conviction. When someone has been charged with having committed it, resolving the case doesn’t always involve getting the charges overturned completely. There are times when the goal of the defense will be to reduce the penalties and obtain a lighter sentence. Wire fraud is a federal crime, which means that the penalties are consistent no matter where you live.

One of the more notable aspects of potential wire fraud penalties is that every specific instance of wire fraud is considered to be a separate act.. As an example, let us assume that someone sends 10 emails to different recipients in an attempt to commit wire fraud. Each email would count as a single act of wire fraud, which means that the penalties can accrue quickly. Even though wire fraud is a federal offense, each state can choose to pursue additional charges that occur in conjunction with the federal allegations.

The federal penalties that are attached to wire fraud include:

  • Fines of as much as $250,000 for individuals
  • Fines of as much as $500,000 for companies and organizations
  • As long as 20 years in a federal prison

Keep in mind that the potential penalties are stiffer if the wire fraud involves a federal financial institution or a federal disaster. Federal disasters must be declared by the current president.

Potential Legal Defenses for a Wire Fraud Case

If you have been charged with wire fraud, it is highly recommended that you seek the advice and counsel of our Morristown criminal defense lawyer. We can help you build your defense to identify the most appropriate strategy for your specific situation. Several legal defenses are commonly used in cases involving wire fraud, and they can include a lack of the requisite intent, puffery, and a mistake of fact. “Puffery” occurs when someone uses exaggerated claims or statements in an attempt to sell a product. If these statements are made over the phone or by email, they likely wouldn’t result in a conviction for wire fraud since the customer should understand that the statements aren’t wholly accurate or representative of the product in question.

A lack of intent is an affirmative defense that can be used when the defendant didn’t intend to commit wire fraud. The prosecution is tasked with proving that the defendant intended to commit fraud, which is very difficult to do. As for a mistake of fact, a wire fraud conviction depends on the defendant making misleading or false statements. However, the defendant may have believed these statements to be true, which means that the false information wasn’t being communicated intentionally. Wire fraud cases can be complicated, which is why there are numerous defenses that can be used.

Are you currently being investigated for wire fraud? If so, the defense strategies that are used in your case will likely play a substantial role in the results. Call our Morristown criminal defense lawyer today at (973) 898-0161 to discuss your matter. We have offices located throughout the state of New Jersey in Parsippany, Jersey City, Springfield, Elizabeth, Newark, Freehold, Mount Laurel, and Hackensack, and we also have offices in New York City and Decatur, Georgia.

Types of Behaviors That May Count as Embezzlement

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Behaviors That Are Considered to Be Embezzlement

Whenever an individual steals property or money from a business partner, another person, or their employer, it’s possible for this theft to be considered embezzlement. To understand how widespread embezzlement is, employee theft results in businesses losing upwards of $50 billion per year. There are many different actions and behaviors that could constitute embezzlement, which you should be aware of if you’ve been charged with this crime.

Examples of Embezzlement

Before detailing the many different examples of embezzlement, keep in mind that this crime differs from larceny or fraud. In order for embezzlement to occur, the embezzler must have permission to directly handle the property or assets that they misused. Embezzlement only happens when the individual takes the property. The most common forms of embezzlement can be separated into two categories – employee embezzlement and property embezzlement. The main examples of employee embezzlement include:

  • Taking money from a cash register
  • Taking kickbacks or bribes
  • Altering the time records for employees
  • Charging more for a product and taking the difference
  • Changing the books to hide stolen money or losses
  • Taking office supplies to your home
  • Placing vendor checks into your personal bank account

Property embezzlement occurs when you have been trusted with someone else’s property, which is usually money. The main difference between property embezzlement and employee embezzlement is that the owner of the property generally isn’t a company. Examples of property embezzlement include:

  • Using your relative’s Social Security payment
  • Selling property of an estate and pocketing the proceeds without taking its heirs and beneficiaries into account

Penalties Associated With Embezzlement

Since most embezzlement cases are state charges, the penalties associated with the charge will differ depending on the state where the activity took place. In New Jersey, the penalties attributed to embezzlement depend on the amount of money or property value that was taken. In the event that the value is lower than $200, the crime could result in as many as six months in jail and fines that reach as high as $1,000.

For property valued between $200 and $500, it’s considered to be a fourth-degree crime, which results in 18 months of jail time and up to $10,000 in fines. If the value is higher than $500 but lower than $75,000, the crime would be a third-degree offense, which results in three to five years of jail time and as much as $15,000 in fines. If the property that is embezzled amounts to more than $75,000, you could be charged with a second-degree offense, which can come with jail time of five to 10 years and as much as $150,000 in fines.

How Our Morristown Criminal Defense Lawyer Can Build Your Case

Our Morristown criminal defense lawyer has the experience and knowledge necessary to assist you in challenging the allegations. If you’ve been charged with embezzlement, there are three defenses that are commonly used in these situations. The possible defenses that could be used with your case include entrapment, duress, or a lack of intent. There are also four things that the prosecution needs to prove in order for embezzlement charges to stick, which include:

  • The defendant must be aware that taking the money would be a crime.
  • The defendant must be aware that they aren’t allowed to use the money.
  • The defendant must intend to steal money from the owner or company.
  • The owner or company must give the defendant control over the money in question.

If all four of these things can’t be proven, it’s possible that the offense would be classified as theft or larceny. It’s also possible that the defendant was unaware that they weren’t supposed to use the money or property that they were put in charge of. In almost all situations, embezzlement is a complex issue that requires a strong legal defense to ensure that penalties are minimized or avoided altogether.

When you contact our Morristown criminal defense lawyers, we can assist you in building a strong case that takes every possible strategy into account. Call us today at (973} 898-0161 to get started.

What to Expect During an Arraignment Hearing

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New Jersey Arraignment Hearing Process

Getting arrested is a traumatic experience, and the arrest is often only the first step of a long legal process. Your first court appearance will be your arraignment hearing. An arraignment hearing includes:

  • Court reads the charges against you.
  • You are asked about legal counsel.
  • Bail motion is heard.
  • Court dates for motion hearings are scheduled.
  • Court dates for pre-trial and trial are scheduled.

Timing of the Arraignment Hearing

The timing of your arraignment hearing will depend on if you are still in custody or not. To protect the defendant’s safety, it has long been federal law that an arraignment occurs as quickly as possible. Most of the time, arraignment hearings take place within 48 hours for those still in jail.

In-custody defendants are either transported to the courthouse to appear in person or to a separate part of the jail to participate in a virtual arraignment. A virtual arraignment is one that is held via videoconference.

Those individuals who have bailed out of jail will be scheduled for their arraignment a few weeks out. This will give you time to contact your Morristown criminal defense lawyer to begin working on your defense.

Advisement of Rights

You will be advised of your right to counsel and your right to waive your arraignment hearing. Not all states allow you to waive your arraignment. The defendant is also given the choice of not hearing the charges read aloud in front of the court.

Advisement of Charges

At this time, the court will read aloud the criminal complaint against you. They will also advise you of any indictment information. You have the right to receive a copy of this information.

Appointment of Counsel

After the charges are read, the judge will ask you if you have retained an attorney. The court will also determine if you qualify for representation by a public defender. You do have the right to have an attorney present at your arraignment. If you choose to exercise this right and your attorney is not present, a second arraignment hearing will be scheduled. Once you make it known that you want your attorney present, it is illegal to arraign you without your lawyer present.

Entering a Plea

After you have been advised of the charges against you, the judge will ask you how you plead to those charges. Following are the possible ways you can respond.

Not Guilty

It is common for defense attorneys to recommend that the defendant always enter a plea of not guilty at the arraignment hearing. This forces the state to prove its case against you. Once the state has gathered all the evidence, your Morristown criminal defense lawyer will be able to review the evidence against you. The extra time allows for you and your lawyer to prepare your defense for trial.

Guilty

When a defendant enters a guilty plea at arraignment to a minor offense, the judge may choose to sentence the defendant during the hearing itself. If a guilty plea is entered in response to more serious crimes, there will be other hearings and conferences before the sentence is handed down.

No Contest

A plea of no contest is also known as a plea of nolo contendere. This plea serves as an acknowledgment that you recognize that there is enough evidence for a conviction. Procedures following a plea of no contest are the same as those for a guilty plea.

Setting Conditions for Pretrial Release

Following the plea, the court might set conditions for a defendant to be released pending trial. In setting these conditions, the following factors are considered:

  • If the defendant presents a danger to the community if he or she is released.
  • Criminal record and the nature of any prior offenses.
  • Ties to the community, including the presence of family and the length of time the defendant has been a resident of the community.
  • The defendant’s employment status in the community and the length of time they have been employed at that job.
  • Defendant’s history of failure to appear.

When these factors have been reviewed, the following release options are considered and determined.

Release on Your Own Recognizance

A release on your own recognizance is also known as “ROR.” This release is not based on money. It is based on your promise to report to all court dates. A failure to appear to your court dates might reverse the court’s decision to release you. If your release is revoked, you could be sent back to jail until your trial is complete.

Bail or Bond

When the court sets bail, it requires that the defendant post money to the court in order to be released until your trial. A bond is either cash or surety. A cash bond requires that the amount of bail be paid in full to the courts. The amount will be held and returned to you at the end of your trial. A surety bond only requires a percentage of the full bail amount to be paid. It is usually backed by some type of collateral. When the defendant ultimately appears in court, the money is returned to you.

No matter which type of bond is assigned for your bail, if you fail to appear in court, you will forfeit the money, and a warrant for your arrest will be issued.

Supervised Release

Under a supervised release agreement, you will be required to keep regular appointments with a probation officer. You also may be subjected to random drug tests. If you miss too many meetings or fail a drug test, the courts can revoke your release and can order your return to jail until your trial.

Other Conditions of Release

Common in all of these release scenarios are the following rules:

  • You may be required to wear an ankle bracelet that tracks your movements.
  • You must abstain from drugs and alcohol.
  • You cannot be arrested for any new crimes.
  • You may not possess firearms or other weapons.
  • You will not be allowed to travel outside of your community.
  • You may be subject to house arrest.
  • You may not associate with the victims or any witnesses to the crime.
  • You may not associate with any felons.

If any of these conditions are violated, you will be in violation of your conditions of release and are then subject to being taken back to jail until your trial.

Scheduling

The final step in your arrangement hearing will be the court assigning specific court dates to all of your motions hearings, status conferences, and ultimately the trial.

Next Steps

The arraignment hearing is only the beginning. If you are not assigned a public defender, you will need to retain a Morristown criminal defense lawyer to begin to plan your defense and prepare for trial. To get started on your case, call criminal defense lawyer Gregg Wisotsky in Morristown, New Jersey, at (973) 898-1494 for advice regarding your criminal case.

Understanding All the Types of Criminal Forgery

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What Are the Different Types of Criminal Forgery?

With roughly 45,000 people being arrested for criminal forgery each year, forgery is an incredibly common charge. There are all sorts of activities that can count as forgery, so some people accidentally commit this crime without even realizing it. If you or a loved one is facing forgery charges, it can be helpful to understand all the different types of forgery.

Forgery by Altering Documents

One of the most common types of criminal forgery is altering an otherwise valid document. This forgery type occurs when a person changes a document without proper consent. Some examples of this type of forgery include changing dates, amounts of money, and names of people on documents. This forgery is often used when making fake IDs, embezzling money from a business, or cashing a fake check.

If you are charged with forgery, the prosecution usually needs to prove that you altered a document and that you intended to defraud others with the document. Therefore, your defense may show that you did not have the means to access and alter the document. For example, if you do not have the password to your company’s bookkeeping software, you might not be able to change documents for the purpose of embezzlement. Depending on your case, you may be able to argue that someone else committed the alteration or that you actually did have permission to alter the item.

Forgery by Creating False Documents

Some people may commit forgery that goes beyond simply making changes to a document. Instead, they may create entirely new documents for their personal gain. Just about any money, tokens, stamps, seals, badges, credit cards, or other sorts of documents can be forged. Making a false document also applies to those who forge universal product code labels or other electronic files as well. You can be charged with this crime whether the false documents are completely or partially finished at the time you were apprehended.

In some cases, such as a forged piece of art, your defense may be that the document was not meant to actually be confused with the real thing. Creating a false document accurate enough to deceive others is often very difficult, so a common defense may be that you did not have the ability to make the forged document. For example, your attorney may point out that you did not have access to the high-quality printing tools needed to create a false passport.

Forgery by Faking an Identity

Forgery can occur when someone pretends to be someone they are not. This encompasses a variety of crimes. It can include things like signing someone else’s name on a legal document or impersonating an official. It can also be using someone else’s login credentials to sign in and access confidential information. Keep in mind that this type of forgery is slightly different from general false identity claims. Forgery specifically applies to false writing of some sort. Simply stating that you are a different person without the act of writing or creating any documentation is not forgery.

If you were charged with forgery by false identity, your Morristown criminal defense lawyer may have a few different routes of defense. You may be able to focus on the lack of intent, emphasizing that your faked identity was meant as a joke that would not actually deceive anyone. A similar defense may occur if a person signed the wrong name accidentally or misspelled their own name in a way that made it into another’s.

Forgery by Using a Forged Item

Using a forged item without creating it yourself is still considered a type of forgery. Called “uttering” a forged document, this is essentially presenting a forged document and claiming that it is true. You can be convicted for this type of forgery even if you did not actually defraud anyone. Simply lying about the veracity of a document with the intent to defraud is enough to get a forgery charge.

For this type of forgery, one of the most common defenses is a lack of intent. For example, if you tried to return an item with a falsified receipt, you could potentially argue that you thought the receipt was correct. Defending against these cases frequently relies on the fact that you may have been in possession of the forged item but assumed it was not forged. Depending on the forged item, it can be very hard for the prosecution to show that you were personally aware of the forgery before using the device.

Degrees of Forgery

Since there is so much variation in what counts as forgery, there are different degrees of charges possible. The majority of forgeries in New Jersey are third-degree felonies. Third-degree forgeries are typically ones that involve forging money, checks, securities, property titles, or personal identification documents. A person may also be charged with a third-degree forgery if they are convicted of forgery and are also in possession of items used for the express purpose of forgery. Being convicted of multiple counts of fourth-degree forgery may result in upgrading the crime to a third-degree charge. Any conviction of a third-degree forgery felony results in a fine of at least $500 and a prison sentence of three to five years.

Some forgeries that do not involve money, property, or personal identification documents may count as a fourth-degree forgery. This is a slightly less severe charge, where the consequences are a prison sentence of fewer than 18 months and a fine of $200 or higher. New Jersey mostly charges people with felonies for forgery. However, if a person just has a single altered sales receipt or UPC label, they are convicted of a “disorderly person” crime. This is essentially a type of misdemeanor criminal charge. It results in a prison sentence of no more than six months and a fine of at least $100.

Federal vs. State Forgery

Something else to consider when looking at types of forgery is whether it is a state or federal offense. Forgery is illegal on both a state and federal level. Whether it is prosecuted as a federal felony will depend on the circumstances. Any time a forged document travels between states, it becomes a federal crime. Forgery is also usually prosecuted on the federal level if it involves government documents or agencies. Things like forging immigration documents, FBI badges, or military credentials are likely to be a federal forgery.

Being charged with a federal crime instead of a state crime is mostly a matter of jurisdiction. You may go to different courthouses or prisons when you are facing federal charges. Furthermore, federal convictions typically have more severe consequences. New Jersey’s maximum sentence for forgery is five years in prison while a federal forgery conviction can result in a sentence of up to 10 years.

Ultimately, forgery is a very complex criminal charge. Depending on a person’s unique situation, there may be all sorts of defenses available. When you need a Morristown criminal defense lawyer for forgery, Gregg Wisotsky is here to help. With offices throughout New Jersey, we assist people with defending themselves from all sorts of criminal charges. Schedule a consultation today by dialing (973) 898-0161 or filling out our online contact form.

The COVID-19 Pandemic May Impact New Jersey Crime Rates

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COVID in New Jersey: What Is the Impact on Crime?

As a result of COVID-19, hundreds of thousands of people have been killed, millions sickened, and tens of millions of people have seen their employment disrupted. This, in turn, has impacted our economy, and the reach of that disruption has extended its tentacles into many aspects of our lives. However, as bad as it has been, some of the impacts have been more mixed, and in some ways, COVID has helped make a positive difference in society, including in some areas, like crime.

Economic Impact of COVID in New Jersey

Few states have been hit as hard by COVID as has New Jersey. This is the case for many reasons. First and foremost, unfortunately for the Garden State and its residents, New Jersey was one of the epicenters of COVID when it first hit the United States in March. For some time, New Jersey had some of the highest numbers of cases in the entire country. It also had extremely high positivity rates, hospitalization usage, and deaths.

Those impacts remain to date, although the numbers have declined. As of the end of October 2020, there were 231,000 cases of COVID-19 in New Jersey with more than 16,000 deaths. Relatively speaking, this is a high number. In terms of its rankings in the United States, New Jersey has the:

  • 10th highest number of cases
  • 5th highest number of deaths
  • 26th highest number of cases per 1 million residents

New Jersey Gov. Phil Murphy won praise and high approval ratings from his state’s residents, acting aggressively to close businesses and limit nonessential workers from traveling.

However, those measures and the human toll of the virus have exacted a steep price on the New Jersey economy. From that perspective, New Jersey continues to suffer. The state’s unemployment rate is 11.1 percent, which is much higher than the national average of 7.9 percent. The state has recovered significantly from the March/April unemployment highs but clearly has a long way to go after losing 759,000 jobs and having recovered a mere 40 percent of them.

As one would expect, the impact of this job loss was the hardest on the service, retail and tourism industries. These impacts, of course, hit people whose jobs were the least secure, often including women and racial minorities who have been made to bear the brunt of this pandemic.

Impact of COVID and other Economic Disruptions on Crime Across the United States

A wide array of research has detailed the impact that economic disruption and recessions have on crime. The results have yielded many findings, some of which make sense and others that are counterintuitive.

On one hand, according to the World Economic Forum, young people who leave school or graduate during a recession are more likely to become involved in crime than people who leave school when economic times are rosier. This is because young people who have a harder time finding a job are likelier to turn to a life of crime as there is no other productive way to spend their time or make a living. Of course, this could be particularly devastating for youth who were leaving high school or college during the height of the COVID-19 pandemic.

However, this does not mean that crime rates are bound to increase during difficult economic times. For example, according to an analysis by the Stanford Center on Poverty and Economic Inequality, crime rates were declining before the Great Recession, and they continued to decline during it. At the same time, the analysis noted that crime increased during many periods of economic growth, notably during the 1960s and 1970s. The paper noted the possibility that crime rates may lag behind these periods of growth and contraction, but it does appear possible that recessions will not broadly impact the crime rate. As such, it appears highly possible that other factors can crowd out the impact that the economy may have on crime.

As we are still in the middle of COVID, it is more difficult to determine what impact it has had on crime and the crime rate. However, some conclusions can be drawn. Arrests and crime reports are down in many areas throughout the country. Citing concerns of the danger jails and prisons posed, many police departments reduced arrests, instead opting to ticket individuals for alleged infractions. In areas with significant lockdowns or rates of illness, most types of crime fell dramatically, although some areas saw increases in certain types of physical crimes, such as burglaries of commercial properties. Criminals presumably targeted these areas, knowing they would be unoccupied during much of the lockdown.

Additionally, some other types of crime increased. Cybercrime, domestic violence and hate crimes against Asian Americans all saw increases, which can all be tied directly to the impact of COVID-19.

However, to be clear, while many types of crime have decreased, there is still a huge demand for legal services. Crime is still occurring; arrests are still being made; and many standard legal events, like trials, have been altered. As such, if you live in the Morristown area and need help finding an attorney, you should make sure to reach out to a Morristown criminal defense lawyer. Furthermore, you should do so sooner rather than later as any delay in court proceedings may extend your legal issues longer than necessary.

The Impact of COVID on Crime in New Jersey

If anything, it appears that the impact of COVID-19 on New Jersey crime rates has been positive. A report in mid-May by the New Jersey State Police found that crime had “plummeted” in New Jersey during the coronavirus outbreak. That report found that virtually all categories of crime, including violent crime and property crime, had dropped. In some cases, certain types of crimes dropped by as much as 65 percent. Even domestic violence calls had dropped by 16 percent. The only type of violent crime that increased was murder, which went up 9 percent.

These statistics were echoed in other parts of New Jersey. For example, in October 2020, Middletown reported record-low crime rates. Similar reports were found in other places in New Jersey.

However, in some cases, certain types of crime were found to have increased. For example, in April 2020, New Jersey announced that it was charging more than 2,200 people with crimes related to violating COVID-19 emergency health orders. The number of people who have been charged with such crimes has only increased since then. An August 2020 report discussed the arrest of 21 individuals who used the increase in children’s internet activity to prey on vulnerable kids and potentially commit sexual crimes against them.

On the whole, it is too soon to make definitive conclusions about the impact that COVID-19 has had on crime rates in New Jersey. However, with some exceptions, preliminary data indicate that crime has gone down in the state.

At the end of the day, far too many people have found themselves in trouble with the law. If you are looking for a Morristown criminal defense lawyer, contact the law office of Gregg Wisotsky. We offer top-notch criminal legal services, including defense strategies for assault, fraud, drug offenses and other felonies and misdemeanors. There are many ways to contact the firm, including by filling out the form on our site. You can also call us at (973) 898-0161 during business hours or (908) 229-9714 after hours and on weekends.

How Neglecting COVID-19 Prevention Laws Could Be Criminal

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Understanding When Neglecting Prevention Laws for COVID-19 Could Be Criminal

During the COVID-19 pandemic, many state governors have put laws and orders in place that are designed to lessen the spread of the virus. It’s important to understand that more than 200,000 people in the U.S. have died as a result of the COVID-19 virus. The prevention laws that have been passed in states like New Jersey can come with penalties and the possibility of litigation for individuals who neglect these laws.

Current COVID-19 Laws in New Jersey

Toward the beginning of the COVID-19 surge in the U.S., the New Jersey state government put in orders that required individuals to stay at home as much as possible. A mask mandate has also been passed that requires residents to wear masks or other types of face coverings in outdoor public spaces as well as commercial businesses. There are, however, some exceptions to this mask rule that you should be aware of. For instance, if wearing a face mask would inhibit your health, this order wouldn’t apply to you.

While the mask mandate is still in place throughout New Jersey, the stay-at-home order was rescinded back in June once the rate of new cases dropped significantly. At the time, anyone who was caught breaking the stay-at-home order could face penalties that were as high as $10,000 in fines and up to 18 months of jail time. During the period of time that the order was in place, more than 2,000 residents of New Jersey were charged with violating this order.

Keep in mind that current penalties and charges for neglecting COVID-19 prevention laws could increase or decrease in the coming weeks and months. Across the United States, prevention laws have become stricter when cases have risen. While the case numbers in New Jersey remained relatively steady from June through September, there’s always a possibility that case numbers could rise again. If this occurs, the penalties for not wearing a mask could increase. Enforcement of these penalties may also become more stringent.

Possible Penalties You Could Face

Since it has been rescinded, residents no longer have to worry about facing fines or jail time for breaking New Jersey’s stay-at-home order. As for the mask mandate, it’s possible that penalties and charges will start to be assessed in the coming weeks for individuals who are caught not covering their faces while in stores and outdoor places throughout New Jersey.

Back in April, Governor Phil Murphy created and signed an order that required people who enter stores throughout New Jersey to wear masks or face coverings. While these requirements are still in place, penalties have yet to be assessed for the mask mandate. In late September, the New Jersey State Assembly passed a bill that stated that individuals would face certain penalties if they were caught not wearing a mask in stores with visible signs that required face coverings. Currently, the bill has only been sent through the appropriations committee and will still require additional votes before becoming law.

If passed, this bill will charge individuals who break the mask mandate to have to pay fines that are anywhere from $50 to $500. These fines can be allotted if the individual doesn’t wear a mask over both their mouth and nose. In the early stages of the bill, anyone who was caught without a mask could also face a jail sentence of up to 30 days. This penalty has since been dropped from the bill, which means that monetary fines are currently the only potential penalty that people could face when breaking the mask mandate. While the criminal charges for neglecting COVID-19 prevention laws are relatively minor, it’s still important that you adhere to these laws if you want to avoid any charges.

Potential for a Lawsuit

Along with criminal charges, it’s possible that you could face a lawsuit if you neglect the COVID-19 prevention laws that have been set in New Jersey. If you show symptoms of suffering from COVID-19 yet continue to meet with people, shake hands, and remain in proximity to others, a lawsuit could be filed against you in the event that your negligence leads to spreading the disease.

While a lawsuit can be filed in such situations, these cases are often difficult to prove since the plaintiff will need to be able to prove that the defendant knew about their symptoms and continued to act recklessly before seeking treatment. For a defendant to determine that negligent conduct occurred, they must officially establish that:

  • Damage was done to the plaintiff
  • There is a connection between the conduct of the defendant and the harm that was done to the plaintiff
  • The defendant has a duty to the plaintiff
  • The defendant breached the duty that they had to the plaintiff

While it’s possible for lawsuits to be filed in relation to COVID-19, more coronavirus cases in New Jersey have been criminal. In fact, New Jersey has already charged more than 1,700 people for breaking the stay-at-home order back in April. This included a notable incident where a 54-year-old homeowner was charged after putting on a concert from his front porch in Rumson, NJ. That’s why it’s important to wear a face covering and pay attention to any new executive orders that may be signed by Governor Phil Murphy in the coming weeks and months.

How a Morristown Criminal Defense Lawyer Could Help You

While COVID-prevention regulations play an important role in stopping the spread of the disease, there are instances where people are unfairly charged with breaking the laws. Sometimes, a sign is not visible or someone is wrongfully accused. Keep in mind that there are some exceptions to the mask mandate and other COVID-19 prevention laws that might apply to your situation. For instance, the mask mandate doesn’t apply to situations where you’re drinking a beverage or eating food.

These laws are meant to punish serious offenders, not well-meaning people who fell victim to a mix-up. After all, navigating a pandemic is something new for our society. If you’ve been hit with a charge, consider reaching out to a criminal attorney.

It’s also important to understand that potential fines for breaking the mask mandate could be anywhere from $50 to $500. While you might be able to afford a penalty of $50, a higher penalty that’s closer to $500 could make it difficult for you to pay your monthly rent or afford groceries. Should jail time be added to the possible list of penalties, the economic ramifications could be even greater.

The COVID-19 pandemic is a serious situation that has resulted in many governors throughout the country signing orders and laws that make it illegal to go into a store without a mask or to visit a gym or movie theater during downtime. Even though the penalties that are assessed with these charges aren’t too high at the moment, it’s still recommended that you do what you can to avoid criminal charges. If you have questions about COVID-19 prevention laws, call us at the office of Gregg A. Wisotsky. You can reach our Morristown criminal defense lawyer at (973) 898-0161.

Which Sorts of Criminal Cases Will Be Tried First After Courts Open?

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How Are Backlogged Courts Deciding Which Criminal Cases to Hear?

For several months, courts around the nation closed to prevent COVID-19 transmission. This unfortunate yet necessary measure has led to a backlog of over 16,500 criminal cases throughout New Jersey. Now that courts are finally opening up, the massive New Jersey coronavirus backlog may change the way certain cases are handled.

Older Cases Are Being Prioritized

The crime committed is not the only thing the court will consider as they pick which cases to start with. When trying to decide which cases to hear first, the court will also take into account how long it has been since the person was first arrested. In New Jersey, all defendants are guaranteed the right to a speedy trial. This is meant to keep police from indefinitely holding onto a person simply because they are suspected of a crime. A speedy trial is also necessary because it may be harder to obtain accurate witness statements and other relevant information as time passes.

Legally, a person must be indicted within 90 days of being detained. Furthermore, a person who has been indicted cannot be detained in jail for more than 180 days following the indictment. It is possible for a judge to declare a mistrial because of a lack of a jury, which may have happened when it was considered unsafe to create a jury. If the court has declared a mistrial, New Jersey law specifies that a new trial must start within 120 days of the mistrial entry.

If a person is detained in jail for longer than this amount of time, they can be released from jail. This is typically something the courts try to avoid, even when there is a criminal case backlog. As long as the prosecutor feels that they have a decent case against a person, the court will prioritize those who are about to reach this statute of limitations. This means that both indictments and criminal trials for older cases will proceed as quickly as possible. Even if the older trial is not for an especially severe crime, it may be tried simply to ensure that defendants’ rights to a speedy trial are met. The older a case is, the more likely it is to show up on the court’s docket.

More Serious Crimes Are More Likely to Be Tried

The backlog is so severe that some Morristown criminal defense lawyers and other legal experts feel that it may be impossible for courts to meet trial deadlines. In these situations, some charges may inevitably be dismissed. The courts are aware of this, so they are trying to ensure that all serious and violent criminal cases are heard first. They feel that if some potential criminals are set free it is best to ensure that it is only those who have committed less serious or nonviolent crimes. More time and energy will be focused on serious crimes instead of crimes that may be considered petty or victimless.

Another reason that courts are focusing on more serious crimes is because they want to keep jailhouses as empty as possible. Reducing the number of people in jail makes things easier for wardens to keep the inhabitants safe. Typically, those who are arrested for less serious crimes have a low bail that they can easily pay. More serious criminal charges make it harder for a person to get bail. In some cases, the bail amount may be so high that it is hard for the defendant to pay. In other circumstances, bail may be denied altogether. Since the courts recognize that full jails are going to lead to problems, they are making an effort to help keep jails as empty as possible.

What counts as a “serious” crime tends to be a matter of personal opinion. Typically, crimes involving violence or large amounts of theft tend to be considered more serious. Things that are felonies or aggravated felonies may get court attention sooner than misdemeanor crimes. Some examples of the types of criminal cases that may be prioritized include:

  • Homicide
  • Sexual assault
  • Armed burglary
  • Manslaughter
  • Assault
  • Robbery

Cases That Cannot Be Plea Bargained Are More Likely to Go to Court

To deal with the New Jersey coronavirus backlog, most courts are focusing on plea bargains over jury trials. Only about 10% of criminal cases actually end up going to trial usually. Instead, the majority of people charged with a crime end up accepting plea bargains. A plea bargain is an agreement where the prosecution agrees to reduced sentencing in exchange for the defendant pleading guilty right away.

Even more COVID criminal cases are likely to end in plea bargains than usual because these bargains are quicker and easier than a full trial by jury. The court is desperate to get through cases as quickly as they can, so they are being more lenient on the types of bargains being approved. Many prosecutors report that they are going out of their way to create plea bargains whenever possible.

However, plea bargains are typically only an option in certain types of cases. Most prosecutors will skip a plea bargain if they feel that they have enough evidence to almost guarantee a conviction. A complete lack of evidence can also make it hard to settle a plea bargain since the defendant and their Morristown criminal defense lawyer may think that their chances of being acquitted are high. Furthermore, if a crime is considered particularly serious, such as first-degree murder, all plea bargains may be taken off the table. Plea bargains may not be offered to repeat offenders and others who are deemed to be a danger to the public.

Since the courts are so busy, they may advise prosecutors to avoid wasting time trying to get a plea bargain for these situations. Instead, they may prioritize trials for these sorts of cases to get them out of the way. This lets the court spend its time addressing the more controversial cases while plea bargains can be used to clear away more open-and-shut cases. With New Jersey courts encouraging plea bargains instead of trials, the only cases likely to go to a jury are those that cannot be plea bargained away.

How to Handle COVID Criminal Cases

If you are facing criminal charges during COVID-19, you cannot just assume that they will go away. Courts may be focusing on more serious cases, but they are still taking time to consider every case that goes through their offices. The new focus on plea deals may give you favorable terms, but you should always get legal advice before accepting any plea deal. An experienced Morristown criminal defense lawyer can help you decide if it is worth waiting for a trial.

The law firm of Gregg Wisotsky is here to help during these trying times. We are happy to provide free consultations and review your case. Our team has worked on a variety of criminal defense cases, ranging from drug offenses to violent crimes. To learn more, call our Morris County office at 973-898-0161 or fill out our online contact form.

COVID-19 and Its Effects on the Police

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How COVID-19 Is Affecting Police Officers

With the rapid spread of COVID-19, law enforcement agencies are racing to keep their officers and the public safe from the virus. Many criminal justice advocates have focused on the need to reduce jail populations, and others are suggesting changes to the way police handle calls for assistance in the community. With these changes, the coronavirus pandemic could have a lasting impact on law enforcement in the United States.

Taking Steps to Stay Safe

COVID-19 has affected almost every aspect of our daily lives, including how police and other officials handle emergencies in the community. These problems do not come without added expenses for the agencies. In fact, the COVID-19 pandemic is so costly that Congress included about $850 million in the CARES Act to help law enforcement respond to and prevent a coronavirus outbreak in their communities. During these challenging times, many jurisdictions are ensuring that certain people will not be sent to jail. Serious offenders are still being arrested, but those who commit nonviolent crimes are often allowed to return home. Law enforcement agencies are modifying their practices to maintain physical distancing to keep the public and officers safe.

While keeping the community safe, law enforcement agencies are feeling the effects of the virus on their officers. For example, over 2,000 New York City police officers have tested positive for the virus with 20 percent in the ranks reporting being ill. Detroit has placed over 350 officers in quarantine as 400 police officers returned to work after sick leave.

If police agencies want to keep everyone safe during this pandemic, they will have to modify their practices. When making decisions, many law enforcement agencies are applying the “do no harm” model to their practices from making arrests to the use of force in the field. Today, an arrest is now seen as a last resort. By limiting the use of handcuffs, both the police officer and the accused will stay safe from an infection of COVID-19.

However, some people believe that incorporating physical distancing and other changes will harm public safety. While there is a cause for concern, police agencies are making minor adjustments to protect their staff and officers from the virus as they continue to serve the community. It is also vital for these departments to enact changes consistently. By doing so, law enforcement agencies can stop the spread of COVID-19 as they continue to protect the community.

Potential Changes to Law Enforcement

If a law enforcement agency wants to stop the spread of the virus, it will have to implement these policy procedures. In some cases, these measures might have a permanent effect on policing in America. During the virus outbreak, many people have called on police to reduce the number of custodial arrests and police stops. In some police departments, officers have been instructed to handle only the most serious calls and minimize stops for those low-level crimes.

In Philadelphia, officers were instructed to delay arrests for nonviolent crimes, such as narcotics offenses, burglary and prostitution. Washington D.C. officers issued citations and released individuals for a wide variety of crimes to reduce the number of custodial arrests in their jail systems. While this might be seen as an emergency measure, some agencies could continue with the practice to reduce jail overcrowding and keep the amount of contact between the police and the community to a minimum.

Police budgets continue to be a hot topic in many communities. There have been calls for officers to limit the number of in-person calls. Some people have suggested that to reduce the spread of COVID-19, police officers should not respond to non-emergency issues. Instead, officers will only respond to crimes that involve a threat to public safety or take place in areas where an investigation cannot be delayed. The public is encouraged to report these nonessential complaints to a non-emergency phone number or online portal.

Police agencies in Texas, California and Virginia are already implementing these procedures. These steps might help take the strain off the officers and allow them to focus on more critical crimes in their communities. If these cities are successful in reducing crime with social distancing, online crime portals may become the norm in the United States.

The virus has limited interactions between the police and the public, but there is a need for in-person contact for certain crimes. Most law enforcement agencies are starting to prioritize domestic violence calls. Since many people have been staying at home due to government orders, there has been an increase in domestic violence cases. Police officers are already trained on the warning signs of domestic abuse. When they respond to a call, these officers make sure that everyone in the residence remains safe. COVID-19 has drained certain resources, but many communities are making these calls a top priority. With strained relationships and stress from the pandemic, there is increased tension in many homes. The renewed focus on keeping domestic abuse victims safe and protecting the community should remain the goal for law enforcement agencies in the future.

Finally, due to the virus outbreak, many agencies have provided personal protective equipment (PPE) to all on-duty officers. These law enforcement agencies are also educating their officers on how to stay safe during the pandemic by properly washing their hands, sanitizing their work equipment and surfaces, and identifying the symptoms of COVID-19. They are also providing testing for all officers and staff. Officers are also required to stand at least 6 feet away from members of the public. Some departments, like in Philadelphia and Austin, require their officers to wear masks while on duty. In Los Angeles, patrol officers have a PPE kit that includes goggles, a mask and gloves. These officers also must adhere to safety guidelines when interacting with the public. When the virus fades away, many agencies could still implement these strategies to keep their officers healthy and prevent another virus outbreak in their communities.

The Future of Policing

While most procedures are created to keep officers and the public safe during this pandemic, many of these changes might become the future of policing. In the future, law enforcement agencies will continue to be concerned about the welfare of the public and their officers. Some crime reporting will be designated to online portals as patrol officers handle serious offenses. Improved safety measures, such as increased sanitation in patrol vehicles and jail facilities, can help stop the spread of other infectious diseases. These COVID-19 procedures will have a lasting effect on the future of law enforcement in the United States.

Morristown Criminal Defense Lawyer

While some of these changes are in effect at many police agencies, others might still hesitate to alter their procedures. COVID-19 is still an issue for many law enforcement agencies. However, that does not mean that all arrests have been halted during this time. Police officers continue to charge individuals with serious offenses. If this has happened to you, it might be time to turn to a Morristown criminal defense lawyer.

During this pandemic, our offices are open, and we’re ready to help with your case. You want to choose an attorney who has the experience to handle criminal cases in New Jersey. If you have been arrested or need help with a criminal case, you should contact Gregg A. Wisotsky, Esq. at (973) 898-0161. You can also go online and schedule a free consultation.

How COVID-19 Is Affecting Prison Sentences

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How the COVID-19 Pandemic Has Impacted Sentencing and Jail Time

In New Jersey, there has been an outbreak of COVID-19 in the state’s prisons. Over a three-day span in mid-May, there were 150 reported new cases, and by that time, 42 inmates had died in state prisons. As a result, COVID-19 has forced changes in the way inmates are sentenced and serve time, allowing some to remain out of prison for their sentence.

Jails Are COVID-19 Hot Spots

One of the main changes with sentencing during the time of COVID-19 revolves around the recognition that jails have become hot spots for the spread of the pandemic. There have been numerous reports around the country of prisoners being sickened in prison. Officials are almost completely unable to stop the spread of the pandemic behind bars as jails are difficult to sanitize and prisoners are confined together in close quarters.

There are approximately 20,000 inmates in the state of New Jersey. The infection rates among these inmates have been alarming. Certain prisons in the state have been hit very hard by COVID-19. For example, there were 105 cases at the Mountainview Youth Correctional Facility. At the Edna Mahan Correctional Facility, by mid-May, there were 73 cases of COVID-19 among corrections officers and another 47 among inmates. There have been horrifying reports about the conditions that some of these prisoners faced with the jail using solitary confinement cells as a COVID-19 isolation unit and housing many prisoners in a small cell.

Governor Murphy’s Executive Order

Governor Murphy acted relatively early with an executive order allowing the release of certain prisoners who were judged as being higher-risk inmates when it comes to the pandemic. In New Jersey prisons, there are four categories of prisoners who are a priority for furloughs. These include:

  • Prisoners over the age of 60
  • Those with high-risk medical conditions
  • Inmates whose sentences expire within three months
  • Prisoners who were denied parole within the past 12 months

In New Jersey, the inmates would qualify for temporary and not permanent release. When the COVID-19 danger passes, they would be required to report back to prison. This is with the exception of inmates who have been paroled during this time. New Jersey instructed the Department of Corrections to review inmates’ files to see which ones can be paroled.

However, actual reports about the furlough program in its early weeks of operation stated that there was mass confusion and inmates were being furloughed less than they otherwise should have been. In the first few weeks of the program, only about 50 inmates were furloughed as the prisons did not really understand the rules. By the middle of May, that number had increased to 100, but victims’ rights groups have complained that the state has been moving too slowly and has placed prisoners at risk.

By June, the number had grown to more than 400, but the New Jersey Supreme Court ruled that the state was illegally operating the furlough program. The main problem was that the state had violated prisoners’ due process rights by operating this program in secret and not sharing information with the inmates and their attorneys. The court directed the state to move faster when it comes to furloughs and paroles since New Jersey has the highest rate of inmate death from COVID-19 in the country. As a result, now would be an advantageous time to contact a Morristown criminal defense lawyer to try to act on an inmate’s behalf.

A Furlough Is Not a Commuted Sentence or Parole

The inmates who are released early from prisons generally do not have their sentences commuted. In other words, an early release is not the same as parole where the inmate is generally free to move about, subject to certain conditions. In these cases, the early release means that prisoners are required to remain at home or in one location for the duration of their sentence. They are still subject to the criminal justice system.

In the case of New Jersey, the state’s judiciary issued guidance on May 1 for sentencing proceedings. Judges have the discretion to hold sentencing hearings by video or remotely but only if all parties (including the defendant) consent to it. If the sentencing is held, then the custodial part of the sentence could include state prison. However, the judge has other options than state prison. It is up to the judge to weigh all of the risks to the defendant and public safety in making a determination whether the sentence should begin right now. The judge has the option to order a sentence other than state prison or to stay the sentence for the time being.

Law enforcement has been flexible in some regard when it comes to sentencing. Dangerous criminals will still be sent to prison for sentences. There would be public safety issues with keeping these criminals out of prison that would outweigh the health interest of protecting the sentenced defendants. However, some criminals may be able to remain outside of prison when they are awaiting trial or sentencing. For example, the well-known lawyer Michael Avenatti was allowed to leave prison while he awaits trial in his federal case because he is at a heightened risk of serious complications from COVID-19.

Jail Time and Sentencing in the Federal System

In addition, nonviolent offenders are also being allowed to serve out their sentences at home in certain cases in the federal prison system whereas minimum-security prisoners have been sent home in large numbers. You have certainly heard of Paul Manafort and Michael Cohen. They were both nonviolent offenders in the federal system who have been allowed to leave prison and serve the remainder of their sentences at home under house arrest. Unlike New Jersey, the federal release is an early release to home confinement as opposed to a furlough where the inmate would need to return to prison at a later date.

Many inmates who are currently in prison have tried to argue that they are entitled to a compassionate release due to the threat of COVID-19. It is the prisoners who are considered a higher health risk who have a greater chance of winning early release from prison. Those with overlapping health conditions have been successful in winning early release in some cases.

The federal release program, as directed by Attorney General Barr, uses the following criteria:

  • Inmates are at high risk for COVID-19.
  • They have served more than half of their sentence or have served more than 25% with less than 18 months remaining.
  • They have not been convicted of a violent crime or a sex crime.

However, in the federal system, the rate of prisoner release has also remained low. Some prisoners have sued to try to win an early release. In at least one case, the Trump administration has intervened in court to try to stop the early release of that prisoner. Nonetheless, inmates are filing cases in federal courts attempting to win their release from prison due to COVID-19.

Inmates or the families of those who are imprisoned or awaiting jail time who are concerned about their risk for COVID-19 should contact Morristown criminal defense lawyer Gregg Wisotsky at (973) 898-0161 to learn more about their legal rights.

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Disclaimer : The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to me until such time as an attorney-client relationship has been established.

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