Frequently Asked Questions

Q. juvenile criminal matter transferred to adult court due to charges (conspiracy robbery second degree) without an evidentiary hearing being completed … no codefendants. Video footage erased by private entity. Do not have public defender and evidence that present attorney is holding back pertinent information. Per present attorney assigned state prosecutor could care less about the case as he doesn’t handle part a cases only part b. Let the Judge sort it out.

A. There are many issues in this question but generally serious criminal offenses by juveniles may be transferred to adult court. In such case, a prosecutor would be assigned and the matter would be handled in Part A court. The strength of the evidence may make a difference in the outcome of the case, but does not matter in regard to which prosecutor or judge is assigned.

Q. Child 16. Arrested and taken in for questioning by special detective. No legal guardian and or representation present at time of questioning. Can anything said by the child at the time be used against him or in court?

A. Special rules apply when police question a 16 or 17-year-old child. Even though there was not a legal guardian https://somabest.com present, the police must have made a reasonable effort to contact a parent or guardian of the child. The child has the right to contact a parent or guardian and have a parent or guardian present during any interview. In addition, the police must advise the child of his Miranda Rights. If the child makes a proper waiver of his rights then the statement can generally be used against him in court. However, the court will consider factors such as age, education, background and intelligence when determining whether the child understood that he was waiving his rights.

Q. I got my first speeding ticket, going 85 in a 65. It’s a $299 fine which I can’t afford. What are my options? Is there any chance if i go to court I will have to pay more than the $299? The cop told me he could have gotten me for reckless driving.

A. Your options are to plead guilty and pay the ticket as it is, or to challenge the ticket and present your case to the State’s Attorney regarding why your fine should be reduced or disposed of. My office routinely handles traffic tickets for those who wish to challenge the violation. Hiring a lawyer is often the best avenue to take because it does not always require your attendance in court and results in minimized expenses. By getting the ticket dropped, you ultimately save money because insurance premiums will not increase. It is highly unlikely that the fine would increase by going to court.