New Jersey Criminal Defense Blog

For a teenager to be sentenced as an adult is a serious matter which usually draws differing public opinion regarding whether justice has been served or if justice has gone too far. According to an nj.com article, a Jersey City teen, who is now 17-years-old, was 16 at the time he was arrested for holding a gun to a man’s head during a robbery. On October 29, 2009 the teen received a sentence as an adult amounting to six years in prison. Whether the teen will be held with other youthful offenders until he turns 18, or will be housed with the general population at the prison, is yet to be decided by New Jersey Department of Corrections Officials.

Apparently, the teen had eight prior encounters with law enforcement before the alleged robbery with the gun. Other allegations against the boy relate to acts of violence and weapons use. Based on the article, a Hudson County Assistant Prosecutor stated that the boy is required to serve 85% of his sentence before he may be able to qualify for parole, and also said, “This is still a young man and there is some chance of rehabilitation.”

This case has raised concern regarding an unsettling trend in the amount of juvenile offenders who seem to rapidly turn to serious crimes. The argument behind this teen’s prison sentence is that his first conviction was an armed robbery case, whereas other juveniles may receive some leeway in the form of a probation sentence if their first conviction is a drug case. The Hudson County Assistant Prosecutor also said, “We are seeing more and more gun-related crimes or crimes of violence by people who are younger.”

Continue reading "Jersey City 16-Year-Old Sentenced as an Adult" »

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Posted In: Criminal Defense , Juvenile Crimes , Legal Information , Robbery

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A recent shorenewstoday.com story discusses the recent success of Oakcrest High School’s participation in New Jersey’s School Violence Awareness week from October 19-23, 2009. As one of many schools that took part in the state-wide awareness week, students found themselves listening to anti-violence discussions from law enforcement personnel and participated in a series of activities that both helped inform them about potential dangers and stressed the importance of character and social awareness education. According to the article, the State of New Jersey provided guidelines for the required awareness week.

Based on the report, Oakcrest High School had representatives from the Hamilton Township Police Department and the New Jersey Juvenile Justice Commission address freshmen health classes regarding the juvenile justice system, crime statistics, and the consequences of gang membership. In addition to these talks, teachers focused their lessons distinctively on teasing and bullying, and unique assemblies were put on to help motivate students to both recognize and make positive choices. To demonstrate that they were internalizing all the maters being discussed, students made posters, wrote skits, and dance classes created their own choreography inspired by conflict and resolution scenarios.

In recognizing the reality that violence awareness should be upheld at all times in a school-setting, Oakcrest High School implements a year-round peer mediation program run by student mentors to help identify problems before they lead to violent acts. Other efforts by the school to protect its students from violence or other harmful acts include visitor buzzer access to the building, bus evacuation drills, fire drills, staff and visitor ID badges, and school lockdown practices.

Continue reading "New Jersey's School Violence Awareness Week Hopes to Curb Juvenile Crime" »

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Posted In: Criminal Defense , Juvenile Crimes , Legal Information

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New Jersey Assemblywoman Pamela R. Lampitt has introduced legislation aimed at curtailing "sexting" that involves young girls and boys sending racy and often, nude pictures of themselves online including sending explicit photos over their phone. According to this Associated Press report, the actions of these teens technically amount to distribution of child pornography, a New Jersey sex crime charge that could carry severe, lifelong penalties for these young people.

Under Lampitt's proposal, juveniles caught sending sexually explicit photographs via their cell phones will not face criminal prosecution. Instead, it would create an educational program in which participants would learn about the potential state and federal legal consequences and penalties for sexting. The program will also teach teens about the personal consequences including the effects of sexting on relationships, school-life and ruined future career and educational opportunities. Under the proposed legislation, it would be up to prosecutors to determine who can or cannot be admitted into this educational program. Juveniles who successfully complete this program will avoid trial or criminal record.

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Posted In: Criminal Defense , Juvenile Crimes , Legal Information , Sex Crimes

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Juveniles around the country are now facing the risk of acquiring sex offender status for posting naked pictures of themselves on MySpace. This may sound hard to believe, but it happened to a 14-year-old New Jersey girl earlier this year when she was accused of child pornography for posting 30 explicit nude pictures of herself on MySpace.com, according to this news report. If convicted, this young girl could be forced to register as a sex offender in New Jersey.

This is apparently not an isolated incident. Prosecutors nationwide are pursuing child pornography cases resulting from teenagers sending nude photos to one another over cell phones and e-mail, a phenomenon which is now known as "sexting." The New Jersey girl reportedly posted the explicit photos of herself because she wanted her boyfriend to see them. The 14-year-old girl was arrested and charged with possession of child pornography and distribution of child pornography. The consequences she faces if convicted are up to 17 years in jail and sex offender registration.

Obviously this teen and others like her need counseling and help, not jail time. This type of an offense should not fall under Megan's Law that requires the teen to register as a sex offender.

Continue reading "New Jersey Teen Faces Child Pornography Charges" »

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Posted In: Criminal Defense , Juvenile Crimes , Sex Crimes

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Police have arrested three people in connection with a BB gun assault in Gloucester Township. According to a news report in Gloucester County Times, an unidentified victim was hit by pellets while jogging in Veterans Park. The gun was fired from a passing vehicle, police said. Authorities arrested 18-year-old Corey Turner and two 17-year-olds who were processed on juvenile complaints and released to their parents. All three were charged with NJ aggravated assault and possession of a weapon for an unlawful purpose. The arrests were made after authorities received several tips from the community.

Juvenile crimes in New Jersey require special defense expertise and extensive knowledge of juvenile laws. Juvenile criminal cases can vary from case to case, which is why it is critical for each incident to be assessed by a skilled criminal defense attorney within a timely manner so that all legal actions can progress quickly and efficiently. Being convicted of a juvenile crime is a serious issue. If convicted of a crime, your child's opportunity to get a driver's license, proper employment or even to get into college may be hindered.

If your child is being accused of a crime, please call the skilled New Jersey juvenile crimes defense attorneys at Lependorf & Silverstein for a free consultation and case evaluation. We will remain on your side, fight for your rights and strive to get you the best possible result in your case. Call us today to find out how we can help build a solid defense for your case.

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Posted In: Assault , Criminal Defense , Juvenile Crimes

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On May 4, 2009 the New Jersey Senate Law, Public Safety and Veteran’s Affairs Committee approved a bill that grants immunity to any individual under the age of 21 who has been drinking if that person contacts the police because he or she fears that another underage drinker has consumed too much alcohol and is in need of medical help. The bill still needs to be considered and approved by the full Senate before it becomes law. Obviously, the purpose of this law is to encourage underage persons to call for help if they fear a friend has consumed too much alcohol and may be in danger. By granting immunity to the underage drinker who calls for help, we can try to encourage calls to the police or to 911 when medical attention is required.

Too often, high school or college students are afraid to call for help because they themselves have been drinking. They fear that when the authorities arrive, they will be charged with the crime of underage drinking or underage possession of alcohol. These charges in New Jersey are punishable by up to six months in jail and a $1,000.00 fine or both. In addition, almost all New Jersey high schools and almost all New Jersey Universities including Princeton University, Rider University, Rutgers University, The College of New Jersey, and Monmouth University will take disciplinary action against their students if they are charged with either underage drinking or underage possession of alcohol. Some high schools and Universities will take disciplinary action even before the charges are adjudicated in court. Also, high school and college students fear that a criminal record will impact their future academic and career prospects.

As this law currently reads, the underage caller must do more than simply dial 911. He must also provide his name and cooperate with medical and law enforcement personnel at the scene. If you or a child of yours has been charged with underage drinking or underage possession of alcohol, please contact an attorney at the Princeton, New Jersey criminal defense law firm of Lependorf & Silverstein, P.C. for a free consultation regarding your rights or your child’s rights. Often, there is a lot that can be done to reduce an underage drinker’s exposure to a criminal record. Contact an experienced New Jersey juvenile crimes attorney at the Princeton office of Lependorf & Silverstein, P.C. today. We at the law firm of Lependorf & Silverstein, P.C. have represented many juvenile and underage individuals who have been charged with alcohol related or drug related crimes in New Jersey. Let our experience and compassion go to work to help you or your child navigate the legal system in New Jersey.

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Posted In: Juvenile Crimes

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A teenager has been charged with drunken driving after the car she was driving jumped a curb and crashed into a parked van in Riverdale, according to this news report. The girl, identified as a Wanaque resident, apparently told police that she and her passengers had been drinking at a party and that she figured she was the “least drunk,” and decided to drive.

Juvenile crimes require special defense expertise and an extensive knowledge of juvenile laws. Having your child arrested for an underage DUI can be devastating and a traumatic experience for the entire family. A skilled criminal defense attorney will be able to deal with your case in an efficient and sensitive manner so that you achieve the best possible result in your case.

Continue reading "Wanaque 14-year-old Charged with Drunk Driving" »

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Posted In: Criminal Defense , DUI DWI Drunk Driving , Juvenile Crimes , Legal Information

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A Somerset County jury has acquitted a North Plainfield teenager of first degree murder, robbery and felony murder. According to an article in the Star-Ledger, 19-year-old Dionys Rivas was accused of robbing and killing 60-year-old Maximo Castro on April 27, 2005. Jurors however convicted Rivas of second-degree conspiracy to commit robbery and third-degree theft for stealing a cell phone from 60-year-old Honorio Delgado.

Rivas was 16 years old at the time of the incident when prosecutors say he and another 13-year-old boy collaborated to rob Delgado. During the robbery, the other teen and Rivas hit Castro three times with a wooden bat, officials said. The case started in a New Jersey juvenile court, but ended in adult court. Rivas faces up to 10 years in prison for the second-degree murder conviction and up to five years for the theft.

Continue reading "New Jersey Teen Acquitted Of First-Degree Murder Charge" »

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Posted In: Juvenile Crimes

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