STATE OF NEW JERSEY VS. DANIELLE N. DIANGELO
A-2230-11T1We consider whether the scope of the Supreme Court's holding announced in State v. Hernandez, 208 N.J. 24 (2011), addressing jail credit calculations, extends to a defendant sentenced to a custodial term for a violation of probation (VOP). We conclude the public policy expressed by the Court in Hernandez equally applies to VOP sentences. Following this policy, we determine the issuance of the VOP statement of charges to a defendant held in custody triggers the right to receive jail credits against the VOP sentence for a defendant's period of pre-adjudication custody, as well as against the new offense, irrespective of whether a VOP summons or warrant was issued. Accordingly, the trial court's order denying defendant's application for jail credits against her VOP sentence is reversed. 02/13/14
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