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LawTalk
LawTalk, Lawyer
Category: Criminal Law
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Experience:  30 years legal experience
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for example if i am resident of pensylvania, and i did crime

Customer Question

for example if i am resident of pensylvania, and i did crime in New jersey, New Jersey Judge gave me a 3 years in prizon. How long i have to serve in prizon??? And same question if I resident of NJ.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  LawTalk replied 1 year ago.

Good morning,

I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today.

The answer to your question is quite interesting. Your state of residence does not impact the amount of time you do in prison if convicted and sentenced. The laws of the state where you are convicted determine that.

 

The state of PA does not have Good Time credit for state prisoners, while the state of NJ does.

In Pennsylvania, parole is a privilege, not a right; it is not automatic or guaranteed. Pennsylvania has both state and county level parole systems, and if your sentence is for more than 2 years, the state parole system will determine whether you will be released early. There is no good time credit and so you are reliant on the parole system for ant early release.

In NJ, you get the basic 1/3 time credit---reducing your sentence by 1/3 and you can get additional good time credit for working in the institution, credit for time spent in minimum custody and credit for time spent in jail before to being transferred to prison. Here is a link to the law, and below is an excerpt from the law:

http://www.state.nj.us/parole/docs/



Commutation credit or "good time" is credit awarded to an inmate pursuant to N.J.S.A. 30:4-140. It is not an earned credit but is a credit automatically applied in the computation of a parole eligibility date. Commutation credit awarded in the

calculation of parole eligibility is based on the balance of one-third (1/3) of the term imposed less jail credit. An inmate may lose commutation credit as a result of institutional misconduct.

Jail credit is credit awarded by the court for days spent in custody prior to the date of sentence. Jail credit may include Rosado credit.

Work credit is credit earned pursuant to N.J.S.A. 30:4-92 at the rate of one (1) day for every five (5) days the inmate works in the institution.

Minimum custody credit is credit earned pursuant to N.J.S.A. 30:4-92 at the rate of three (3) days per month during the first year that an inmate is classified into minimum custody, and at a rate of five (5) days per month after the first year of minimum custody status.

You may reply back to me again, using the Reply to Expert link, if you have additional questions.

I wish you the best in your future,

Doug

Customer: replied 1 year ago.

I am sorry for confusion, What i was asking, Am I eligible for
1/3 time credit in New Jersey if I am not resident of New Jersey (I am resident of PA). Let say a crime was in NJ, and i am resident of PA. Who is going to suite me NJ State or PA. I heard this : tho people did medical fraud in New Jersey. One man is from NY State and second one from NJ State. They were guilty. Both of them gave to serve 3 years. Who is resident NJ was get credit 1/3. Who was resident od NY was no credit.


So my questrion what is better for me to be NJ or PA resident if i will be guilty in New Jersey . I hope i will never do anything bad, but sometimes you never know.

Expert:  LawTalk replied 1 year ago.
Good morning,

I'm not sure where you heard that---that non-residents are not entitled to good time in NJ. It simply is not the case.

If you commit a crime in the state of NJ, only a NJ court can prosecute you for that crime. Just because you may be a resident of PA does not mean that PA can prosecute you for a crime committed in another state.

Regardless of what state you are a resident of, if you are convicted of a crime in NY and sent to prison, you are eligible for the good time provided by NJ. The law does not discriminate based on your state of residency.

You may reply back to me again, using the Reply to Expert link, if you have additional questions.

I wish you the best in your future,

Doug
LawTalk, Lawyer
Category: Criminal Law
Satisfied Customers: 27889
Experience: 30 years legal experience
LawTalk and 5 other Criminal Law Specialists are ready to help you
Expert:  LawTalk replied 1 year ago.
Thank you for your positive rating of my service. It has been my pleasure to assist you and I hope than you will ask for me on JustAnswer should a future need ever arise.

Please feel free to bookmark the following link so you can request me to answer any future legal questions you may have:
http://www.justanswer.com/law/expert-lawtalk/

Thanks again.

Doug

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