When your child is facing legal trouble, it can be one of the most frightening and overwhelming experiences a parent can endure. The juvenile justice system in New Jersey, while sharing similarities with the adult system, operates under a distinct philosophy focused on rehabilitation and the best interests of the child. Understanding this system is the first crucial step in protecting your child’s future.

As an attorney experienced in navigating the complexities of the New Jersey juvenile courts, I understand the anxiety and uncertainty you are feeling. This guide aims to provide you with a comprehensive overview of potential juvenile charges, penalties, defenses, and frequently asked questions to help you understand the process and how to best advocate for your child.

Potential Juvenile Charges in New Jersey

A juvenile can face a wide range of charges in New Jersey, generally mirroring the adult criminal code. However, the terminology differs slightly, and the focus remains on addressing the behavior while considering the child’s age and developmental stage. Common juvenile charges include:

• Delinquency: This is the equivalent of a criminal offense in the adult system. Examples include:

  • Theft and Shoplifting: As value increases, charges can range from minor offenses to more serious forms of theft.

  • Simple Assault and Aggravated Assault: Physical altercations can lead to these charges.

  • Vandalism and Criminal Mischief: Damaging property can result in these charges.

  • Drug Offenses: Possession, distribution, or intent to distribute controlled dangerous substances.

  • Weapons Offenses: Unlawful possession of firearms or other prohibited weapons.

  • Burglary and Robbery: Entering structures unlawfully or using force to commit theft.

  • Cyberbullying and Harassment: Online or digital forms of harassment can lead to charges.

  • Underage Drinking and Drug Use: Violations of laws specific to minors.

• Status Offenses: These are offenses that would not be considered crimes if committed by an adult. Examples include:

  • Truancy: Repeated unexcused absences from school.

  • Curfew Violations: Violating local curfew ordinances.

  • Runaway: Leaving home without parental consent.

  • incorrigibility: Repeatedly disobeying parents or guardians.

Potential Juvenile Penalties in New Jersey

The penalties in the juvenile justice system are designed to be rehabilitative rather than strictly punitive. The goal is to provide interventions and services to help the juvenile avoid future delinquent behavior. Potential penalties include:

• Stationhouse Adjustment: For less serious first-time offenses, law enforcement may offer a stationhouse adjustment, which involves counseling or community service without formal court involvement, keeping the matter out of the juvenile justice system entirely.

• Deferred Disposition: The court may place the juvenile under supervision for a period, requiring them to meet certain conditions (e.g., counseling, community service, maintaining good grades). If these conditions are met, the charges may be dismissed.

• Probation: A more formal period of supervision by a probation officer, with specific conditions the juvenile must adhere to.

• Community Service: Requiring the juvenile to perform a certain number of hours of work for a non-profit organization.

• Restitution: Requiring the juvenile (or their parents) to pay for damages caused by their actions.

• Fines and Assessments: Financial penalties.

• Counseling and Therapy: Mandatory participation in individual or family counseling programs.

• Educational Programs: Enrollment in specific educational or skill-building programs.

• Suspension or Revocation of Driving Privileges: For offenses related to motor vehicles or other delinquent behavior.

• Out-of-Home Placement: In more serious cases, the court may order the juvenile to be placed in a residential treatment facility, group home, or juvenile detention center. The length of placement is determined by the court and the nature of the offense.

• Transfer to Adult Court: In the most serious cases, involving juveniles over a certain age and charged with particularly heinous crimes, the prosecutor can seek to have the case transferred to adult criminal court, where they would face adult penalties.

Potential Defenses in New Jersey Juvenile Cases

Building a strong defense is crucial to protecting your child’s future. Potential defenses in juvenile cases often mirror those in adult cases, but with a focus on the unique circumstances of the child. These may include:

• Lack of Probable Cause: Challenging the legality of the initial stop or arrest.

• Illegal Search and Seizure: If evidence was obtained in violation of the child’s Fourth Amendment rights.

• Mistaken Identity: Demonstrating that the child was not the individual involved.

• Alibi: Providing evidence that the child was elsewhere when the incident occurred.

• Self-Defense or Defense of Others: Arguing that the actions were taken to protect themselves or others from harm.

• Lack of Intent: For crimes requiring a specific mental state, demonstrating that the child did not have the necessary intent.

• Suppression of Statements: If the child’s Miranda rights were violated during questioning.

• Diversionary Programs: Advocating for alternatives to formal court proceedings, such as stationhouse adjustments or deferred dispositions.

• Focus on Rehabilitation: Presenting mitigating factors and highlighting the child’s potential for positive change to influence sentencing.

Frequently Asked Questions (FAQs) About NJ Juvenile Justice

Q: What is the difference between the adult and juvenile justice systems in New Jersey?

A: The juvenile system emphasizes rehabilitation and the best interests of the child, whereas the adult system is more focused on punishment. Juvenile records are also generally confidential and may be expunged under certain circumstances.

Q: Do juveniles have the same rights as adults when arrested?

A: Yes, juveniles have many of the same constitutional rights as adults, including the right to remain silent, the right to an attorney, and the right to due process. However, there are specific procedures in place to ensure these rights are understood and protected, given the child’s age.

Q: As a parent, do I need a lawyer for my child’s juvenile case?

A: Absolutely. An experienced juvenile defense attorney can navigate the complex legal procedures, protect your child’s rights, and advocate for the best possible outcome, whether that’s a dismissal, diversion, or a favorable disposition.

Q: What is a “status offense,” and how is it handled?

A: Status offenses are actions that are illegal only because the person is a minor (e.g., truancy, curfew violations). These cases are typically handled differently than delinquency cases, with a focus on addressing the underlying issues through counseling, family support, and community resources.

Q: Can a juvenile’s record affect their future?

A: While juvenile records are generally confidential, they can still have long-term consequences, particularly if the offenses are serious or if the juvenile is later charged as an adult. It’s crucial to work towards minimizing the impact of a juvenile record.

Q: What is the process of expunging a juvenile record in New Jersey?

A: New Jersey law allows for the expungement of juvenile records under certain conditions and after a specific period. An attorney can guide you through this process to help your child start fresh.

Protecting Your Child’s Tomorrow Starts Today

Navigating the juvenile justice system can be daunting, but you don’t have to do it alone. Brett M. Rosen, Esq., we are committed to providing compassionate and effective legal representation to juveniles and their families throughout New Jersey, including Monmouth County. Our focus is not just on the immediate charges but on safeguarding your child’s future.

If your child has been arrested or is facing juvenile charges, contact our office today for a free and confidential consultation. Call 908-312-0368 now.

Disclaimer: This website provides general information about New Jersey law and is for informational purposes only. The information presented here is not, and should not be construed as, legal advice. Using this website or contacting the firm does not create an attorney-client relationship. Every case is unique, and past results do not guarantee a similar outcome. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.