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How to handle a juvenile unlawful possesion of a firearm charge and reckless discharge of a firearm charge?

My 14 year old was just arrested at his friend's house for unlawful possesion of a firearm and reckless discharge of a firearm. They found the friend's older brother's gun and shot it . Neighbors heard the shot and called police. My son has never been in trouble before but has been acting strangely from time to time ever since his father was murdered in 2007. He had to be hospitalized in January this year for depression. He has been on Adderall for ADHD and did not take his medication Saturday or Sunday. He will be held until his court date Wednesday. The research I've done so far tells me this is serious and carries a 5 year sentence for first time offenders. What should I expect ? Do I tell the school he is absent because he is in jail or are they notified by the court anyway?

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Attorney answers (3)

Reputation Level 14
You might be able to have your son released to you by posting bail or even on personal recognizance. If you can afford a lawyer, hire one now and have the lawyer try to arrange for discharge so he doesn't have to stay in jail until Wednesday. If you are indigent he should have a lawyer appointed for him no later than his first court appearance.

Tell you son not to answer any questions by anybody except the lawyer you hire for him or his court-appointed lawyer.

As a 14 year old first offender with a mental health problem your son should not be facing the serious adult jail time you mentioned but you will need to get him a good attorney to be sure you can put him onto a juvenile treatment track rather than an adult punishment track.

You should check with the lawyer you hire for your son but it's probably best to only tell his school that he will be absent on Tuesday and Wednesday and you know about it not any details. There are provisions in the laws of several states that allow a school to indefinitely suspend, exclude or even expel a student charged with a felony.

He needs a lawyer immediately.

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Howard Woodley Bailey
Howard Woodley Bailey, licensed in New Jersey

Reputation Level 19
Respectfully, Avvo.com can only start you in a direction, and in this case, you need the assistance of an experienced criminal defense lawyer who handles juvenile matters in MN. When you are interviewing the lawyer, ask if the lawyer has experience with this type of medical condition, and particularly with its use in the defense of clients.

In many State's, this type of situation can be used to mitigate the outcome (the sentence), if not the disposition or adjudication of delinquency. One notable problem you should discuss with the lawyer is the fact that your son appears to be having recent bouts of depression and has not been medication compliant. Both are issues I would be very concerned with as a defense lawyer. Good luck.

DISCLAIMER
This answer does not, nor is it intended to, create an attorney-client relationship; or, constitute either legal advice or attorney advertising. Rather, given the nature of this forum, it is offered solely for information purposes, as a starting point for you to use when speaking directly to a lawyer in your State. Do not assume that the legal conclusions I mention that pertain to NJ are applicable in your State. Since the facts of each case are different, it is critical for you to consult with qualified counsel with whom information can be shared and assessed under an attorney-client privilege, so that competent advice can be obtained on which you can make informed decisions. Contact an experienced criminal defense lawyer admitted to practice in your State before making any decisions about your case.
1 person marked this answer as good

Reputation Level 15
He will likely be appointed a public defender, and that should be pursued unless he will be getting a private juvenile defense lawyer (like me). He needs a lawyer. It is a serious claim.

In situations like this common legal goals are to avoid or minimize the public record, and the closed court record, or both.

There is too much to say here, in this context. Give me a call and review the following links on my web sites, if you like:

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