Q: My son is 12 and my daughter was 5 at the time if found guilty or plea guilty is jail time mandatory?
My son was the one did this he has 2 changes 2c:14-2b and 2c244a1
The offenses you’ve cited are 2nd and 3rd degree, respectively, and in juvenile court a 2nd degree carries as much as 3 years of incarceration and a 3rd degree carries as much as 2 years of incarceration. Because of his age, he will not be waived to adult court despite how serious the charges are, but he is exposed to the type of incarceration that would be served at the NJ Training School in Jamesburg (which is the equivalent of a prison sentence for an adult offender. There may be a possibility of a probationary sentence, and a significant concern would be attempting to negotiate a resolution that doesn’t require your son to register as a sex offender under Megan’s Law.
So to sum up, there are several variables that impact what the likely outcome will be for your son, and it’s definitely complicated enough to warrant having an experienced criminal/juvenile defense lawyer represent him in court. Obviously as parent to both children, your position is a particularly difficult one, and having an advocate for him specifically while you are trying to deal with the needs of both of them is important.
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