A- 2559-99T2 State Of New Jersey V Richard Hernandez

Essay by PaperNerd ContributorCollege, Undergraduate October 2001

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This case between Richard Hernandez and the state of new jersey was argued February 21, 2001 and was decided march 19 2001. the judges presiding over this case were stern and fall, on appeal from the superior court of new jersey. This case dealt with the defendant trying to get a sentence lowered pleading guilty to an armed robbery charge and an obstruction of justice. He has to serve 7 years of this sentence mandatory and that is a custodial sentence set by the court. The court had to sit through and hear mostly issue dealing with the guilty plea and setting down a lighter sentence due to the guilty plea. The court then became aware of a sentence he was already serving for a misdemeanor and would not grant him leniency. the misdemeanor he was currently under house arrest for was for robbery and assault with a weapon.

As the document said the judge re arranged his sentence to now serve the house arrest violation. Richard Hernandez could not get a lighter sentence because eh was in the midst of another legal battle. The ruling the judge gave was for a 7 year sentence and he only had to serve 2/3 of that sentence if he had good behavior. He also had to pay a fine of 8 thousand dollars and a 5-year probation after he is released from prison. Another aspect of this case was his brother Michael was apprehended for obstruction of justice in this case. When the police came to Richard's house his brother was also home. The police arrested Richard, and his brother tried to get Richard away from the police. He continually cursed and attempted to free his brother. The police arrested them both and Michael had to pay a fine of 5000 dollars. The judge didn't give Michael the possible 2 years in jail because he did not harm the officers in any way or pose a threat too harm any of them. All the aspects in this case were rather boring and every day. It is just interesting how the court room becomes almost like a business type atmosphere bargaining with the futures of people who have made mistakes in their lives which could ruin there lives. The sentencing on this case was lenient and influential by the judge the defendant could have receive a max sentence of 15 years with all the charges piled up.