Jersey City, NJ Criminal Defense Law Firms & Lawyers | Page 3 Results

Parental rights are fundamental and it is difficult to have them totally removed absent some action or conduct taken against the child. You may ask for monitored visitation and phone calls. Child custody is not my area, so contact a family law lawyer. DOC

Armed robbery is a serious felony offense. However, each sentence is specifically tailored for each individual defendant. The court will look at the defendant's character, the seriousness of this offense, and the need to protect the public from this individual. Depending on those factors depends on if he/she goes to prison, jail, house arrest, or probation.

State laws and procedures pertaining to the transfer of juveniles to adult court vary from state to state. In most States, juvenile court judges have the authority in certain instances to transfer jurisdiction to adult criminal court where the juvenile will be tried (and if convicted, punished) as an adult. In New Jersey, where you are from, there are primarily three kinds of "waivers" for transfer to adult court. They differ by age of the juvenile and the type of crime charged. For a crime pertaining to drug distribution, in the "discretionary waiver" class, which applies to children age 14 and over who are charged with manufacturing or distributing controlled substances, or any attempt or conspiracy to commit such crimes, the Judge has the discretion to transfer the child to adult court. The judge will first make a determination whether probable cause exists to believe the child committed the charged crime. He will then consider the seriousness of the child's prior record and whether transfer is warranted in the interests of public safety. Even when these factors lean towards a transfer decision, if the child can show the probability that his rehabilitation, though use of services, programs and facilities the court has available, substantially outweighs the reasons for waiver, waiver will be denied. There is also a class of offenses that can result in a "presumptive waiver" to adult court. In these cases, a probable cause finding creates a presumption that the child should be transferred. There is no need for the state to prove or the judge to find that public safety warrants the transfer, However, even when the presumption applies, as with discretionary waiver cases, if the child can show that the probability he will be rehabilitated, though use of services and facilities available to the court, substantially outweighs the reasons for waiver, waiver will be denied and he will be retained in juvenile court. Presumptive waivers apply to children 14 and older charged with distribution of controlled substances for monetary gain while on or near school property or on a school bus, or any attempt or conspiracy to commit this offense. The third class of waiver is the harshest, and called "mandatory waiver." In cases of drug distribution, it applies to children age 16 and over who are charged with distributing drugs for monetary gain while on or near school property or on a school bus. There is no need for the state to show public safety is at risk, and the child is not afforded the opportunity to show his amenability to rehabilitation. Instead, a finding by the judge that probable cause exists to believe the child committed the charged crime, will result in a mandatory waiver to adult court. Since your son is 15, he fits either in the discretionary or presumptive class of waivers. I recommend you consult with an attorney experienced at representing juveniles with felony charges. He or she can help navigate your son through the system, and attempt to convince the prosecutor and the judge that the juvenile system is the best fit for your son.