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I am being charged with neglect TITLE 9 on New jersey

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I am being charged with...
I am being charged with neglect TITLE 9 on New jersey Statues specifically leaving my 4 grandaughters unattended. In violation of N.J. S.A TITLE 9:6-1 i am not guilty things didnt happen like that. I was waiting for FEDEX driver for package pick up. First time offence in NJ. Please tell me what could be the outcome. I have a very delicate job that does criminal checks... Please advise and help
Submitted: 1 year ago.Category: Criminal Law
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12/28/2015
Criminal Lawyer: CrimDefense, CriminalDefenseAtty replied 1 year ago
CrimDefense
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 28,677
Experience: 10+ years defending Misdemeanor and Felony cases.
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Good afternoon. I certainly understand the situation and your concern. You have every legal right to fight this. If you do, the burden is on the State of New Jersey, to prove the charge against you, beyond a reasonable doubt. I have provided the statute below which controls, since it states what the State must show, if they are to obtain a conviction and find you guilty. If what is stated can not be proved and shown, you could prevail. Moreover, you can testify on your own behalf and tell the court what happened, contrary to what was alleged. If you were convicted, it could carry jail time, even though for something like this, it may not be sought. However, you could be looking at probation and not being able to care for and be around the children, unattended.

9:6-1. Abuse, abandonment, cruelty and neglect of child; what constitutes
9:6-1. Abuse, abandonment, cruelty and neglect of child; what constitutes. Abuse of a child shall consist in any of the following acts: (a) disposing of the custody of a child contrary to law; (b) employing or permitting a child to be employed in any vocation or employment injurious to its health or dangerous to its life or limb, or contrary to the laws of this State; (c) employing or permitting a child to be employed in any occupation, employment or vocation dangerous to the morals of such child; (d) the habitual use by the parent or by a person having the custody and control of a child, in the hearing of such child, of profane, indecent or obscene language; (e) the performing of any indecent, immoral or unlawful act or deed, in the presence of a child, that may tend to debauch or endanger or degrade the morals of the child; (f) permitting or allowing any other person to perform any indecent, immoral or unlawful act in the presence of the child that may tend to debauch or endanger the morals of such child; (g) using excessive physical restraint on the child under circumstances which do not indicate that the child's behavior is harmful to himself, others or property; or (h) in an institution as defined in section 1 of P.L.1974, c. 119 (C. 9:6-8.21), willfully isolating the child from ordinary social contact under circumstances which indicate emotional or social deprivation.

Abandonment of a child shall consist in any of the following acts by anyone having the custody or control of the child: (a) willfully forsaking a child; (b) failing to care for and keep the control and custody of a child so that the child shall be exposed to physical or moral risk without proper and sufficient protection; (c) failing to care for and keep the control and custody of a child so that the child shall be liable to be supported and maintained at the expense of the public, or by child caring societies or private persons not legally chargeable with its or their care, custody and control.

Cruelty to a child shall consist in any of the following acts: (a) inflicting unnecessarily severe corporal punishment upon a child; (b) inflicting upon a child unnecessary suffering or pain, either mental or physical; (c) habitually tormenting, vexing or afflicting a child; (d) any willful act of omission or commission whereby unnecessary pain and suffering, whether mental or physical, is caused or permitted to be inflicted on a child; (e) or exposing a child to unnecessary hardship, fatigue or mental or physical strains that may tend to injure the health or physical or moral well-being of such child.

Neglect of a child shall consist in any of the following acts, by anyone having the custody or control of the child: (a) willfully failing to provide proper and sufficient food, clothing, maintenance, regular school education as required by law, medical attendance or surgical treatment, and a clean and proper home, or (b) failure to do or permit to be done any act necessary for the child's physical or moral well-being. Neglect also means the continued inappropriate placement of a child in an institution, as defined in section 1 of P.L.1974, c. 119 (C. 9:6-8.21), with the knowledge that the placement has resulted and may continue to result in harm to the child's mental or physical well-being.

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Criminal Lawyer: CrimDefense, CriminalDefenseAtty replied 1 year ago

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Customer reply replied 1 year ago
Whats the probability of jail time?
Customer reply replied 1 year ago
If found guilty is this a felony?
Criminal Lawyer: CrimDefense, CriminalDefenseAtty replied 1 year ago

What exactly happened?

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Customer reply replied 1 year ago
Girls were in bed sleeping except 2 of them total of 4. I told 2 that i would be right back i was dumping garbage bags away and would be rght back. Stay in bed. I than proceedes to pick up garbage bags walk out shut door dumped garbage snd walked to front of building complex to meet FEd Ex guy.aparently the girls decided they wanted to disobey me and open back door and run back and forth in yard. Neighbor called the police as. i was still waiting unaware of whats going on they came. This hsppen do fast it was ridiculous. Less than 15min. I saw comotion i rain home to find 4 detectives etc. i ecplsin they said child protective had to be imformed. After 4 hours of thrm going back and for i was told i need to be brought to station and give statement and processe. I am soo scared didnt mean harm they are my granddaughters. I love then never would hurt them not do i want to loose my very delicate job
Criminal Lawyer: CrimDefense, CriminalDefenseAtty replied 1 year ago

Thank you for the additional information. Based on the facts, there should be no reason that the State should seek any jail time. However, if you job does run background checks and they do not allow an employee to have anything criminal on their record, this could cause a problem, since it is a crime under the law, even though it was an accident. In this case, if you have no defenses, you need to try and work out some type of plea deal and see if there is any way the State would consider dropping the case, if there is a diversion program to enter into, or something of that nature. Another key factor is going to be the age of the children and if the 2 that were up are old enough to possible care for themselves and each other

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Customer reply replied 1 year ago
4 month old in crib 10year old in bed watching TV 4, 5 year old playing baby dolls all in same same room. Is this charge a felony? Will show up everywhere? Other states . Could it be expunged ever?
Criminal Lawyer: CrimDefense, CriminalDefenseAtty replied 1 year ago

There are no felonies or misdemeanors in New Jersey criminal procedure or law.

In the State of New Jersey Criminal Code violations are categorized as "indictable," "disorderly persons" or "petty disorderly persons" offenses rather than felonies or misdemeanors.

An indictable offense is analogous to a felony while a non indictable offense is analogous to a misdemeanor.

Indictable crimes are separated into 1st, 2nd, 3rd and 4th degrees.

If convicted, this would appear on your record. As far as expungement, not all charges are eligible, so I have provided a handout for you to review, to apply it to this case.

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

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Criminal Lawyer: CrimDefense, CriminalDefenseAtty replied 1 year ago

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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