What factors do courts consider when sentencing a primary caretaker of a dependent child? Why are they important?
Courts consider the defendant’s status as a primary caretaker of a dependent child before imposing a sentence of incarceration. A “primary caretaker” is a parent with whom a child under the age of 18 has a primary residence. You have 10 days after the entry of judgment by a motion supported by an affidavit to make the request. If filed, the court needs to issue written findings concerning the defendant’s status as a primary caretaker. When this motion filed, a court cannot impose a sentence of incarceration without first issuing these written findings.
This is a new development of the recent crime bill signed last year. Often overlooked, it can be a potent argument for a judge that is balancing whether to sentence a single mother or single father or simply a guardian of a young child to any jail sentence. The argument here is that the court should examine the situation of the individual. Often the expectation will be that the child requires government intervention and costly services to provide such an intervention for any parentless child.
IF YOU OR A LOVED ONE HAVE A QUESTION ABOUT SENTENCING PRIMARY CARETAKER OF A DEPENDENT CHILD, AND YOU NEED AN EXPERIENCED CRIMINAL DEFENSE LAWYER WORKING ON YOUR SIDE TO PROTECT YOUR RIGHTS, PLEASE CONTACT CRIMINAL DEFENSE ATTORNEY WILLIAM J. BARABINO.
CALL 781-393-5900 TO LEARN MORE ABOUT YOUR AVAILABLE DEFENSES.