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In NJ, 18 yr old charged with 2c:18-3b, frightened and lied

 
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  • Answered by:Ely
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Customer Question

In NJ,
18 yr old charged with 2c:18-3b, frightened and lied about age pretending to be 17, then charged with 2c:29-3b(4)

no criminal record

what is likely outcome

 

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Country relating to Question: United States

Submitted: 282 days and 16 hours ago.
Category: Criminal Law
Value: $40
Status: CLOSED
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Expert:  Ely replied 282 days and 16 hours ago.

Hello and thank you for the opportunity to assist you. There may be a slight delay between your follow ups and my replies as I am typing out my answer. Please remember that this is general information only, not legal advice, and no attorney-client relationship is formed.

Does the Defendant have a prior record?

This not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. I look forward to helping you.

Customer replied 282 days and 16 hours ago.

no record

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Expert:  Ely replied 282 days and 16 hours ago.

Thank you for your reply.

what is likely outcome?

Given (1) his age, (2) that this was a non-violent crime, and (3) he has no Criminal Record, the district attorney is likely to opt for a plea deal that involves a pretrial intervention and a conditional discharge, or other type of non-conviction disposition. If not, then the defense attorney should ask for such a plea deal. If agreed-upon, then the matter is settled and if the Defendant does some community hours, tests positive, and does not get into trouble for a supervisory period, the matter is adjudicated without conviction.

Then, the Defendant may eventually file to expunge the arrest and it would be as though nothing ever happened:

http://www.judiciary.state.nj.us/prose/10557_expunge_kit.pdf

This is the optimal situation, of course, but it is likely.

The Defendant always has a choice of going to court to prove innocence and the district attorney would have to prove the case beyond a reasonable doubt.

But such petty offenses are almost always settled with pretrial disposition if the individual has no criminal record.

I hope this finds you well. Please click Reply to Expert to keep talking, or rate my answer when we are finished. Kindly rate my answer as one of the top three faces because this is how I get credit for my time with you. Otherwise, reply to chat more until we are finished and you are ready to rate. I work very hard to formulate an informative answer for you; please reciprocate my good faith. (You may always ask follow ups free after rating.)

Customer replied 282 days and 16 hours ago.

he does volunteer work, as he has for the past 4 summers. is enrolled to start full time college in the fall. does this help show his character

Accepted Answer

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Expert:  Ely replied 282 days and 16 hours ago.

Hello,

Very much so. This is good, and the prosecutor generally knows how to tell a kid who's made a mistake against a hardened criminal and where to apply pressure and where not to.

His volunteer work and his plans to begin college are good and helpful towards such a plea deal.

Nonetheless, this is not a "given," so retaining counsel is a must to guarantee the best outcome possible:

http://www.njsba.com/for-the-public/lawyer-referral-service.html

I hope this finds you well. Please click Reply to Expert to keep talking, or rate my answer when we are finished. Kindly rate my answer as one of the top three faces because this is how I get credit for my time with you. Otherwise, reply to chat more until we are finished and you are ready to rate. I work very hard to formulate an informative answer for you; please reciprocate my good faith. (You may always ask follow ups free after rating.)

Expert TypeCounselor at Law
Category: Criminal Law
Pos. Feedback: 98.4 %
Accepts: 1698
Answered: 7/6/2012

Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

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