State v. JA (2021)
JA was originally charged with Knowingly Leaving the Scene of an Accident resulting in Serious Bodily Injury, a third-degree offense, contrary to NJSA 2C:12-1.1. The presumption of nonimprisonment does not apply to this charge, meaning JA was facing between 3 and 5 years in New Jersey State Prison. Subsequently, the victim died of the injuries sustained, elevating this to a second-degree vehicular homicide. JA was now facing between 5 and 10 years in New Jersey State Prison, subject to the No Early Release Act, meaning JA would not be eligible for parole until 85% of the sentence was served.
After extensive negotiations and investigation, Jason A. Volet convince the prosecutor to allow JA to plead guilty to Vehicular Homicide for Failing to Maintain a Lane, a third-degree offense, contrary to NJSA 2C:11-5(b)(5). JA received 4 years of probation. Also, this charge is ultimately expungable.