On a 5 flat sentence what's the earliest you can get paroled
With a sex crime charge with no minimum term on a 5 flat what's the most you have to do
About Criminal Defense
Criminal defense is the area of law concerned with representing individuals (and sometimes organizations) accused of a crime by a government prosecutor. The US criminal system separates offenses into infractions (e.g. minor traffic violations), misdemeanors (punishable by up to one year in county jail), and felonies (punishable by more than one year in state or federal prison).
Every criminal defendant has constitutional rights including: the right to remain silent (Fifth Amendment), the right to counsel (Sixth Amendment — including a court-appointed attorney if you cannot afford one, per Gideon v. Wainwright), the right to confront witnesses, the right to a jury trial, and protection against unreasonable searches and seizures (Fourth Amendment).
A typical criminal case moves through these stages:
- Arrest and booking
- Arraignment — you're informed of charges and enter a plea
- Bail or release decision
- Discovery and motion practice — the defense reviews evidence and may move to suppress unlawfully obtained evidence
- Plea negotiation — over 90% of US criminal cases are resolved by plea bargain
- Trial — bench (judge-only) or jury
- Sentencing
- Appeal, if convicted
The burden of proof at trial is beyond a reasonable doubt, the highest standard in US law. The prosecution must prove every element of every charge to that standard; the defense never has to prove innocence.
Felony convictions usually carry collateral consequences well beyond the sentence itself: loss of voting rights (varies by state), loss of firearm rights, exclusion from many professional licenses, immigration consequences (deportation for non-citizens), and a permanent public record that affects employment and housing.
Many criminal cases can be resolved through diversion programs, deferred adjudication, pretrial probation, or post-conviction expungement, all of which require careful timing. Acting quickly — before charging decisions are made — often produces the best outcomes, which is why most criminal defense attorneys offer same-day consultations.
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Relevant law
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US Const. Amend. V RuleFifth Amendment right against self-incriminationNo person shall be compelled in any criminal case to be a witness against themselves. The basis for the right to remain silent and the requirement of Miranda warnings.
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US Const. Amend. VI RuleSixth Amendment right to counselThe accused has the right to assistance of counsel for their defense. Applied to indigent defendants in Gideon v. Wainwright (1963).
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Miranda v. Arizona (1966) Case lawRequired warnings before custodial interrogationEstablishes that police must inform suspects of their rights to silence and counsel before custodial interrogation. Statements obtained in violation are inadmissible.
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Brady v. Maryland (1963) Case lawProsecution must disclose exculpatory evidenceProsecutors must turn over evidence favorable to the defense. Failure to do so violates due process and can result in reversal of conviction.
Common questions about Criminal Defense
Should I talk to the police if they want to question me?
Generally no. The Fifth Amendment gives you the right to remain silent. Talking to investigators almost never helps your case and routinely makes it worse, even when you are factually innocent. Politely say "I'd like to talk to a lawyer first" and stop talking. This applies to any custodial interrogation, "voluntary" police-station interviews, and phone calls.
What's the difference between a misdemeanor and a felony?
A misdemeanor is punishable by up to one year in county jail; a felony by more than one year in state or federal prison. Felonies also carry significant collateral consequences — loss of voting rights (in most states), loss of firearm rights, exclusion from many professional licenses, and immigration consequences for non-citizens. Many states have "wobblers" (offenses that can be charged either way).
How do I know if my Miranda rights were violated?
Police must give Miranda warnings (right to remain silent, right to counsel) before a "custodial interrogation" — meaning you are not free to leave AND they are asking questions designed to produce incriminating answers. Violation does not get the case dismissed; the remedy is suppression of statements you made after the violation. Voluntary statements before custody, or statements not in response to questioning, are generally admissible.
Can I get my criminal record expunged?
Many jurisdictions allow expungement, sealing, or set-aside of criminal records after completing the sentence and waiting a set period. The eligibility rules vary widely — some states permit expungement of felonies after 10 years of clean record, others only misdemeanors, others almost nothing. Federal convictions are nearly impossible to expunge. The petition process is technical and benefits from attorney assistance.
Should I take a plea deal?
Over 90% of US criminal cases resolve by plea bargain because plea offers usually carry significantly lower sentences than trial-conviction sentences. The strategic question is whether the offered deal is better than your realistic trial-conviction risk. Factors include the strength of the evidence, the seriousness of mandatory minimums, immigration consequences, and the credibility of prosecution witnesses. Your attorney should walk through this calculation before any plea.
How long does a criminal case take?
Misdemeanors typically resolve in 3 to 6 months. Felonies often take 9 to 18 months. Federal cases are slower and routinely run 12 to 24 months. Cases that go to trial add 6 to 12 months beyond plea cases. Defendants in custody have constitutional speedy-trial rights that can compress these timelines.
Do I need a private attorney or can I use a public defender?
Public defenders are licensed criminal defense attorneys with significant trial experience, often handling the same kinds of cases for years. Caseloads vary by jurisdiction — overworked offices may have less time for individual cases. Private attorneys offer more flexibility, faster communication, and freedom to invest in expert witnesses and investigators. For serious felonies, most defendants who can afford private counsel hire it.
3 Attorney Answers
This example illustrates the method of calculating parole eligibility when a specific term of
years is imposed which does not contain a mandatory minimum term.
Date of Sentence: 6/10/02
Term: 10 years
Jail Credit: 61 days (4/11/02 to 6/10/02)
1. Add 1/3 of 10 year term (3 years, 4 months) to the date of sentence (6/10/02) thereby yielding
a date of 10/10/05.
2. Subtract sixty-one (61) days of jail credit from 10/10/05. This gives a flat eligibility date of
8/10/05.
3. Subtract commutation credit. To determine appropriate commutation credit calculate the time
period between the date of sentence (6/10/02) and the flat eligibility date of 8/10/05. This time
period is 3 years, 2 months. Locate this time period on the commutation chart (Appendix A).
In this example, the commutation credit is 268 days. Subtract the 268 days of commutation
credit from the flat eligibility date of 8/10/05. This gives a book eligibility date of 11/15/04.
4. Subtract work/minimum credit. In this example, assume that the inmate has earned a total of
35 days of credit as of 2/1/03. Subtract 35 days from the book eligibility date of 11/15/04. This
gives an actual eligibility date of 10/11/04 as of 2/1/03.
years is imposed which does not contain a mandatory minimum term.
Date of Sentence: 6/10/02
Term: 10 years
Jail Credit: 61 days (4/11/02 to 6/10/02)
1. Add 1/3 of 10 year term (3 years, 4 months) to the date of sentence (6/10/02) thereby yielding
a date of 10/10/05.
2. Subtract sixty-one (61) days of jail credit from 10/10/05. This gives a flat eligibility date of
8/10/05.
3. Subtract commutation credit. To determine appropriate commutation credit calculate the time
period between the date of sentence (6/10/02) and the flat eligibility date of 8/10/05. This time
period is 3 years, 2 months. Locate this time period on the commutation chart (Appendix A).
In this example, the commutation credit is 268 days. Subtract the 268 days of commutation
credit from the flat eligibility date of 8/10/05. This gives a book eligibility date of 11/15/04.
4. Subtract work/minimum credit. In this example, assume that the inmate has earned a total of
35 days of credit as of 2/1/03. Subtract 35 days from the book eligibility date of 11/15/04. This
gives an actual eligibility date of 10/11/04 as of 2/1/03.
On a 5 flat in the State of NJ, you will serve approximately 1 year and 3 months before becoming eligible for parole. Understand, however, that pleading guilty to a sex crime may complicate matters. Generally, sex offenders are required to undergo evaluations at a State facility (Avenel) to determine whether their behavior is compulsive and/or repetitive. Depending on the outcome of the evaluation, you may be required to serve time in the State facility instead of prison, and you will absolutely be there for longer than 1 year and 3 months. There are also a number of other stipluations associated with a sex crime plea - parole supervision for life, sex offender registration, etc. Be sure to discuss all of this with an experienced criminal defense attorney before you enter a plea.
The worst dependas on many things. The best is 1 year 4 months or so. Depending on the charge ISP could be in the mix but with a sex crime not likely if at all.