Bergen County man charged with Sexual Assault


In a recent case, a local Bergen County man was charged with the sexual assault and endangering the welfare of a young girl.  He was subsequently placed in jail with bail set at $325,000, an extremely large sum.  If convicted the man could easily face up to ten years in prison, away from his family.  As a New Jersey sex crime attorney, one aspect of defense I am very successful with is achieving bail reduction for my clients so that they can spend time at home with their families until the resolution of the case.

Although sex crime charges are harrowing, by showing that the arrested individual is not a flight risk, I am often able to reduce bail even in the face of extremely severe charges.  For example, I have been able to reduce bail amounts in sex crimes cases by demonstrating that the arrested individual has solid ties in the community, a job, and a family that he is not about to abandon.  Each individual has unique ties to their surrounding community which if presented before a judge in the proper light can have a huge impact on the amount of bail set.

 

Juveniles Charges with Sexual Assault in New Jersey


Two teenage boys were recently accused of sexually assaulting a 14-year-old girl on a school bus last week.  The boys are 15 and 16-years-old and have been charged with aggravated sexual assault, aggravated assault and endangering the welfare of a child.  Thus far, the boys have been charged as juveniles.  The 16-year-old boy threatened the girl right after the assault and has also been charged with making terroristic threats in addition to the other crimes.   The boys are currently being held in a juvenile detention until further court proceedings.

Authorities have a lot of discretion in handling juvenile matters and when juveniles are held in a detention center pending proceedings it often means the situation is serious.  From the charges, it is clear that the prosecutor decided to file formal charges in lieu of handling the matter informally. Informal proceedings are an option in juvenile cases.  However, when a juvenile is proceeded against formally, the juvenile goes before the court, and the judge decides whether to keep the matter in juvenile court or transfer it to adult court.  If the juvenile court decides to send the case to adult court, the judge sets a date for a fitness hearing. At the fitness hearing, the judge will decide whether the child shall be tried as a juvenile or an adult in the adult court.  Based on the severity of the allegations above, this appears to be a situation in which the boys may eventually face adult charges.

My name is Anthony N. Palumbo criminal defense attorney and I defend juveniles in New Jersey against criminal and municipal charges.  I handle a great deal of juvenile sexual assault cases and I am familiar with the juvenile court proceedings.  When charged as a juvenile and tried in juvenile court, the focus is on rehabilitating the accused, but when juveniles are transferred to adult court, the focus is on punishment and the penalties that will result from a conviction are far-reaching.  It is important to have an experienced attorney by your child’s side who understands both the juvenile and adult criminal system so that your child can obtain the best possible outcome against his charge.  If you are a juvenile or a parent with questions about a juvenile crime in New Jersey, contact me today at 1-866-664-8118 for a free consultation and speak with an experienced lawyer about your situation today.

Visit our other website at  www.palumbo-renaud.com for more information on juvenile crimes in New Jersey.

85% Rule applies in May’s Landing Sexual Assault Conviction

When a person is convicted of a sex crime in New Jersey, they may be subjected to the No Early Release Act (NERA) or 85% Rule.  Under this rule, any person convicted of a sex crime must serve 85% of his sentence before becoming eligible for parole.  It does not matter whether the sex crime involved a child or an adult.  As long as the individual has been convicted of a sex crime, he may be subjected to this rule.  For an example of how the rule works, consider a recent sexual assault case in New Jersey in which a man was sentenced to 8 years in prison after pleading guilty to sexual assaulting a 6-year-old boy in an Atlantic City arcade.  Sexual Assault is a second-degree crime which means it carries a 5 to 10 year prison sentence.  The man was sentenced to 8 years in prison.  85% of 8 years is 6.8 years.  Therefore, the man must serve 6.8 years of his 8 year sentence before becoming eligible for parole.  Eligibility does not mean parole will be granted, it only means that the person may request parole at the parole hearing.