Mandatory Minimum Sentencing in NJ- Can It Be Avoided?

Question by Jody: Mandatory minimum sentencing in NJ- can it be avoided?
A dear friend of mine had to appear in court today on shoplifting & drug possession charges. His case was postponed because he had to apply for a public defender, because it’s his 3rd shoplifting charge and his 3rd drug charge so he is facing the possibility of mandatory minimum jail time. He is already on probation & parole for his previous charges in other towns, has successfully completed a community service program and is currently in an outpatient drug rehab program for probation 3 times a week. All of his charges are almost or over a year old; he completed a 6-month inpatient rehab program back in March and has been clean & sober for nearly 1 year now. He holds down a steady job and is very active & enthusiastic in a 12-step recovery fellowship, overall an extremely responsible & productive member of society today. So I guess my question is this: given the circumstances and the fact that he’s doing so well now, is there any way my friend could get his charges downgraded and/or avoid the mandatory minimum jail sentence (i.e. with more probation, community service etc)? I mean, would the PD be able to plea bargain it at all and/or would the prosecutor/judge have any kind of discretion whatsoever?

Best answer:

Answer by Betsy
Yes, the PD should be able to plea bargain it. The prosecutor would also have some discretion, but the judge would not.

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