New Jersey Child Cruelty & Neglect Attorneys

Aggressively Defending Clients Against Extreme Criminal Allegations

Child Neglect can result in Division of Child Protection and Permanency (DCP&P) charges against a parent or guardian and may also result in criminal charges. N.J.S.A. 9:6-3 prohibits any abuse, abandonment, cruelty to, or neglect of children. This fourth-degree crime carries less of a sentence than Endangering the Welfare of a child, in violation of N.J.S.A. 2C:24-4, which is a second-degree crime.  However, this doesn’t mean the N.J.S.A. 9:6-3 charges are not serious. As an indictable offense, a person could find themselves serving a lengthy prison sentence. That’s why it’s critical to have a New Jersey child cruelty and neglect lawyer on your side.

At The Bianchi Law Group, our law firm has seen what can happen to individuals convicted of child abuse, neglect, and similar crimes. In addition to incarceration, a person could face significant fines and other criminal penalties — Even worse, they could lose their child(ren) to New Jersey’s Division of Child Protection and Permanency (DCP&P). Our legislature and courts take New Jersey child abuse allegations seriously, and they certainly should. Unfortunately, the state’s desire to prosecute these cases to the maximum can result in innocent people facing disastrous outcomes.

Luckily, you don’t have to go through this alone. Contact our New Jersey child cruelty and neglect lawyers today for your free consultation.

Why Hire Former Child Cruelty or Neglect Prosecutors?

The Bianchi Law Group is made up of a team of former trial prosecutors who have handled the investigations and prosecutions of most crimes in New Jersey and will defend you for all federal and state crimes in New Jersey, including Child Neglect or Cruelty. If you’ve found yourself facing such charges — which can stem from many issues since both physical violence and alleged emotional or social deprivation are considered child abuse — having an attorney who formerly prosecuted these cases on your side can prove extremely beneficial.

Put simply, we’ve been on both sides of the aisle. As former prosecutors, we know how the criminal investigation against a defendant will unfold. We’ve seen how the state pursues charges and the tactics it uses to secure a conviction in the quickest manner possible. Our experience even extends into knowing how prosecutors deal with claims of parental rights, false accusations, and other common defense strategies. We can put all this knowledge and experience to work for you. Anything the prosecution can throw at you — we’ve dealt with it first-hand.

Our state has an obligation to child protection, and they’ll use criminal prosecution to achieve this goal whenever necessary. Unfortunately, the tactics used by the government frequently result in unfair outcomes — up to and including false confessions and wrongful convictions. Luckily, you’re not in this fight alone. Whether you’re accused of excessive physical restraint, unnecessarily severe corporal punishment, or even dealing with allegations of sexual abuse, our New Jersey child cruelty and neglect lawyers will fight to secure a favorable outcome on your behalf.

What to Do if New Jersey’s Division of Child Protection and Permanency (DCP&P) Gets Involved?

Frequently, these cases don’t immediately start out with criminal charges being filed. Perhaps the New Jersey’s Division of Child Protection and Permanency (formerly DYFS — Division of Youth and Family Services) learned that parents would not provide proper medical care for their child, or maybe there were direct accusations of child abuse or neglect. Regardless of the underlying circumstances, the agency will typically engage in an investigation prior to getting the police involved. Unfortunately, they have a long history of errors — from overlooking abuse to taking children away from good parents.

At this point, there will be uncertainty over what happens next. However, the following acts may help you secure a better outcome:

• Stay calm and polite
• Ask for identification and clarification
• Determine if they have a court order and police escort. Without a warrant, you don’t have to let them inside
• Exercise your right to remain silent or limit statements
• Contact an attorney immediately
• Don’t allow interviews with your child without consent
• Document everything
• Don’t sign any document without legal advice
• Cooperate within reasonable boundaries
• Allow your attorney to handle everything moving forward

Following these strategies will not necessarily prevent the police from getting involved. Once this happens, the consequences to your life can be disastrous if you’re found guilty of whatever crime you’re charged with. That’s why you should speak with a child cruelty and neglect lawyer in New Jersey before doing anything else. Your freedom, future, and possibly family hang in the balance. Contact our law office today to schedule your free consultation.

Certified Criminal Trial Attorneys by the New Jersey Supreme Court

Partners Robert A. Bianchi and David J. Bruno are also both certified by the Supreme Court of New Jersey as Criminal Trial Attorneys. In New Jersey, the New Jersey Supreme Court has a certification committee that classifies certain New Jersey Lawyers as Certified Trial Attorneys. The process requires the prospective attorneys to satisfy strict criteria, including extensive jury trials, a primary focus on criminal law, an application submission, a peer review process, a character and background check, and passing a written examination.

Only 250 of over 98,000 lawyers (less than 1%) are designated as certified criminal trial attorneys by the New Jersey Supreme Court. This should be an important factor in finding a New Jersey criminal defense attorney to represent you. Many New Jersey Lawyers describe themselves as trial attorneys, but most do not have the New Jersey Court’s distinction as Certified Criminal Trial Attorney. Accusations of treating a child contrary to the law carry serious potential penalties, so you want someone on your side who knows their way around a courtroom.

Of course, the chance always exists that a case could be thrown out before trial. Similarly, it may be possible to secure a fair plea deal under New Jersey law. While these are certainly outcomes that you want your New Jersey child abuse and neglect lawyer to consider, it greatly benefits you to have legal counsel that’s prepared for a trial. Our certification is proof that we’re ready, but more importantly, it showcases that we’re effective at what we do. If you’re accused of harming a child’s mental or physical well-being in any way, contact us today for a free consultation.

Child Neglect or Cruelty Penalties in New Jersey

Child Neglect or Cruelty is a fourth-degree crime and can be punishable by up to 18 months in New Jersey State prison. N.J.S.A. 9:6-3. Additionally, the Sentencing Judge may also order fines and restitution as prescribed by N.J.S.A. 2C:43-3 for all convictions of Child Neglect or Cruelty. In addition to these penalties, a conviction also means that a person will be stuck with a criminal record for their entire life. This can create difficulties in employment, schooling, housing, and a variety of other areas of life. Since convictions are public records, they could even easily affect your social standing.

Unfortunately, many people face such repercussions after being falsely accused. This is sometimes done by former spouses looking for an advantage in family law cases. In other instances, people are wrongly accused when well-meaning neighbors misinterpret situations. Whatever the underlying circumstances of your situation, a conviction will have devastating consequences. That’s why you should take the time to discuss your case with an experienced child abuse and neglect lawyer in New Jersey. This decision could have a lasting effect on your life.

At The Bianchi Law Group, we can get involved before a criminal investigation even commences. We know that state agencies and child-caring societies are concerned with the mental or physical strains experienced by abused minors, but we also know that these agencies and law enforcement are often overzealous in their pursuit of cases. Children deserve proper and sufficient protection, but those accused of criminal acts are also entitled to due process. Contact us today to schedule your free consultation to learn how we can help.

What’s the Best Legal Defense for Child Abuse/Neglect Charges?

Child abuse and neglect charges take many forms. Perhaps the state believes you’re causing an unnecessary hardship by punishing the child’s behavior, or maybe they want to interfere with your parental rights regarding medical attendance, regular school education, and other parenting matters. Regardless of the severity of the underlying allegations, you are entitled to due process. This means you and your New Jersey child abuse and neglect lawyers can mount a defense to avoid conviction. Some of the most successful strategies include:

• Accidental harm: The injury suffered by the child was unintentional and not the result of reckless behavior
• False allegations: Claims made due to custody disputes or personal vendettas
• No harm or risk: There’s no evidence that actual harm occurred or that the child was endangered
• Reasonable discipline: Parents are allowed to discipline their children within legal boundaries
• Constitutional violations: Improper search, seizure, or investigation tactics by law enforcement or child protective services

Anyone accused of an unlawful act in New Jersey must understand what they’re up against. Even if you believed your actions were legal for private persons trying to raise their children, there are major hurdles that arise once a criminal investigation commences. Fortunately, this isn’t something you have to deal with on your own. At the Bianchi Law Group, we support families and individuals who are facing unfair burdens. People are sometimes even convicted for acts that wouldn’t be considered abuse if the proper context was known. Simply put, this is a difficult situation to be in.

These cases are incredibly complex since the state sometimes has dueling responsibilities of protecting children, avoiding unjust prosecutions, and bringing forward legally chargeable offenses. Our dedicated team of legal professionals can guide you through these treacherous waters. Contact us today for your free case evaluation.

Contact Our Trial Ready New Jersey Child Cruelty and Neglect Lawyers

Like in all of our cases handled at the Bianchi Law Group, our experienced team of former prosecutors is there to ensure the Government can prove its case beyond a reasonable doubt. If our attorneys cannot resolve the case with a dismissal or a fair and just plea bargain, our lawyers at The Bianchi Law Group will not hesitate to select a jury and take the case to trial. That is what we do and what distinguishes us from other attorneys.

We are former prosecutors, trial-tested, and certified by the New Jersey Supreme Court as certified criminal trial attorneys. We will not hesitate to go to trial to take on the local police department, prosecuting attorneys, and even state agencies. Authorities must do something when a child’s physical or moral risk is in the balance, but tight budgets and overworked staff often mean that innocent individuals are harassed, as real cases of abuse go completely unnoticed.

You need a dedicated defense team on your case, and that’s precisely what you’ll find at The Bianchi Law Group. Contact us at (862) 292-4442 to schedule your free consultation today. Our New Jersey child cruelty and neglect lawyers are ready to help.