Discovering your child has been arrested can be a terrifying experience. It’s crucial to remain calm, act quickly, and understand your child’s rights. Brett M. Rosen, Esq. is dedicated to protecting the rights of juveniles facing legal trouble in New Jersey. We provide compassionate and experienced legal representation to guide you and your child through this challenging process. Contact us today for a free consultation at 908-312-0368 & brett@nynjcriminalcivilesq.com.

Understanding Juvenile Arrests in New Jersey

When a minor is arrested in New Jersey, they are typically processed through the juvenile justice system, which focuses on rehabilitation rather than punishment. However, the consequences of a juvenile offense can still be serious, including:

• Detention: Your child may be held in a juvenile detention facility until their court hearing.
• Probation: The court may place your child on probation, requiring them to follow certain rules and restrictions, such as attending school regularly, obeying a curfew, and avoiding contact with certain individuals.
• Community Service: Your child may be ordered to perform community service to give back to the community and make amends for their offense.
• Fines: The court may impose fines on your child or you as the parent. The amount of the fine will depend on the severity of the offense and your child’s ability to pay.
• Restitution: Your child may be ordered to pay restitution to the victim to compensate them for any losses or damages they suffered as a result of the offense.
• Counseling or Treatment: The court may order your child to participate in counseling or treatment programs to address any underlying issues that may have contributed to their offense. This could include individual therapy, family therapy, or substance abuse treatment.
• Record: A juvenile record can have lasting consequences, affecting future opportunities for education, employment, and housing. It is important to understand the potential impact of a juvenile record and take steps to minimize its impact on your child’s future.

What to Do If Your Child Is Arrested

• Remain Calm: It’s natural to feel overwhelmed, but it’s important to stay calm and collected. Your child needs your support and guidance now more than ever.
• Contact an Attorney: Immediately contact an experienced juvenile defense attorney. Do not allow your child to speak to the police without legal representation. An attorney can advise you and your child of their rights, protect them from self-incrimination, and begin building a strong defense strategy.
• Gather Information: Gather as much information as possible about the arrest, including the charges, the location, and any witnesses. This information will be helpful to your attorney in investigating the case and preparing a defense.

FAQs About Juvenile Arrests in New Jersey

• What are the most common reasons for juvenile arrests?

  • Underage drinking, drug possession, theft, vandalism, assault, and disorderly conduct are some of the most common reasons for juvenile arrests in New Jersey.

• Can my child be tried as an adult?

  • In some cases, juveniles can be tried as adults for serious offenses, such as murder, sexual assault, or armed robbery. This is known as a “waiver” to adult court and is typically reserved for cases where the juvenile is accused of a particularly heinous crime or has a significant criminal history.

• What is the difference between juvenile court and adult court?

  • Juvenile court is focused on rehabilitation, while adult court is focused on punishment. Juvenile court proceedings are generally confidential, and the penalties are typically less severe than in adult court. The goal of the juvenile justice system is to help young people learn from their mistakes and become productive members of society.

• Will my child have a criminal record?

  • Juveniles adjudicated delinquent will have a juvenile record, which may be accessible to law enforcement and certain employers. However, there are options for expunging or sealing juvenile records in some cases, which can help minimize the long-term impact of a juvenile offense.

• Can my child be detained?

  • Yes, your child may be detained in a juvenile detention facility if they are considered a flight risk or a danger to themselves or others. The court will consider factors such as the severity of the offense, the child’s prior record, and their ties to the community when making a detention decision.

• What are my child’s rights if they are arrested?

  • Your child has the same Miranda rights as adults, including the right to remain silent, the right to an attorney, and the right to not incriminate themselves. It is crucial to ensure that your child understands these rights and exercises them if they are arrested.

Potential Penalties and Sentences in Juvenile Court

Sentencing Factors in Juvenile Court

If the prosecutor is seeking or the plea deal calls for incarceration, then at sentencing the Judge will weight the aggravating and mitigating factors.

The aggravating factors include: 

1. The fact that the nature and circumstances of the act, and the role of the juvenile therein, was committed in an especially heinous, cruel, or depraved manner;
2. The fact that there was grave and serious harm inflicted on the victim and that based upon the juvenile’s age or mental capacity the juvenile knew or reasonably should have known that the victim was particularly vulnerable or incapable of resistance due to advanced age, disability, ill-health, or extreme youth, or was for any other reason substantially incapable;
3. The character and attitude of the juvenile indicate that the juvenile is likely to commit another delinquent or criminal act;
4. The juvenile’s prior record and the seriousness of any acts for which the juvenile has been adjudicated delinquent;
5. The fact that the juvenile committed the act pursuant to an agreement that the juvenile either pay or be paid for the commission of the act and that the pecuniary incentive was beyond that inherent in the act itself;
6. The fact that the juvenile committed the act against a policeman or other law enforcement officer, correctional employee or fireman, acting in the performance of his duties while in uniform or exhibiting evidence of his authority, or the juvenile committed the act because of the status of the victim as a public servant;
7. The need for deterring the juvenile and others from violating the law;
8. The fact that the juvenile knowingly conspired with others as an organizer, supervisor, or manager to commit continuing criminal activity in concert with two or more persons and the circumstances of the crime show that he has knowingly devoted himself to criminal activity as part of an ongoing business activity;
9. The fact that the juvenile on two separate occasions was adjudged a delinquent on the basis of acts which if committed by an adult would constitute crimes;
10. The impact of the offense on the victim or victims;
11. The impact of the offense on the community; and
12. The threat to the safety of the public or any individual posed by the child.

The mitigating factors include: 

1. The child is under the age of 14;
2. The juvenile’s conduct neither caused nor threatened serious harm;
3. The juvenile did not contemplate that the juvenile’s conduct would cause or threaten serious harm;
4. The juvenile acted under a strong provocation;
5. There were substantial grounds tending to excuse or justify the juvenile’s conduct, though failing to establish a defense;
6. The victim of the juvenile’s conduct induced or facilitated its commission;
7. The juvenile has compensated or will compensate the victim for the damage or injury that the victim has sustained, or will participate in a program of community service;
8. The juvenile has no history of prior delinquency or criminal activity or has led a law-abiding life for a substantial period of time before the commission of the present act;
9. The juvenile’s conduct was the result of circumstances unlikely to recur;
10. The character and attitude of the juvenile indicate that the juvenile is unlikely to commit another delinquent or criminal act;
11. The juvenile is particularly likely to respond affirmatively to noncustodial treatment;
12. The separation of the juvenile from the juvenile’s family by incarceration of the juvenile would entail excessive hardship to the juvenile or the juvenile’s family;
13. The willingness of the juvenile to cooperate with law enforcement authorities;
14. The conduct of the juvenile was substantially influenced by another person more mature than the juvenile.

Waiver to Adult Court

In New Jersey, a waiver to adult court, also known as a “transfer to adult court,” is a legal process where a juvenile offender, who is typically under the age of 18, can be tried in adult criminal court instead of juvenile court. This usually happens in cases involving serious offenses or when the juvenile has a significant history of delinquency.

Factors considered for waiver:

• Severity of the offense: The more serious the crime, the more likely a waiver is to be granted. Crimes like murder, aggravated sexual assault, or armed robbery are often considered for waiver.   
• Age and maturity of the juvenile: Older and more mature juveniles are more likely to be waived to adult court.
• Prior record: A juvenile with a history of delinquency is more likely to be waived than a first-time offender.
• Public safety risk: If the juvenile is deemed a danger to the community, a waiver may be granted to protect public safety.   
• Amenability to rehabilitation: If the juvenile is considered unlikely to be rehabilitated within the juvenile justice system, a waiver may be granted.

Consequences of waiver:

• Adult penalties: If convicted in adult court, the juvenile will face adult penalties, which can include longer prison sentences, higher fines, and a permanent criminal record.   
  
   
• Loss of confidentiality: Juvenile court proceedings are generally confidential, but adult court proceedings are open to the public.   
  
   
• Lifelong consequences: A criminal conviction can have lifelong consequences, including difficulty finding employment, housing, and obtaining certain licenses.   
  
   

The waiver process:

• Prosecutor’s motion: The prosecutor must file a motion with the court to waive the juvenile to adult court.   
  
   
• Hearing: The court will hold a hearing to determine whether to grant the waiver.   
  
   
• Evidence: The prosecutor must present evidence to support the waiver, and the juvenile’s attorney can present evidence in opposition.   
  
   
• Judge’s decision: The judge will ultimately decide whether to grant the waiver based on the factors listed above.

Importance of legal representation:

Potential Defenses in Juvenile Cases

• Lack of Evidence: The prosecution must prove every element of the offense beyond a reasonable doubt. If the evidence is weak or insufficient, the charges may be dismissed.
• False Accusation: Juveniles can be falsely accused, especially in cases involving peer pressure or bullying. An attorney can investigate the circumstances of the accusation and challenge its credibility.
• Self-Defense: If your child acted in self-defense, this can be a valid defense. An attorney can help you gather evidence to support a self-defense claim, such as witness statements or video footage.
• Miranda Rights Violation: If your child was not properly informed of their Miranda rights, any statements they made to the police may be inadmissible in court. An attorney can challenge the admissibility of any statements made by your child if their Miranda rights were violated.
• Illegal Search and Seizure: If evidence was obtained illegally, it may be suppressed. An attorney can file a motion to suppress evidence that was obtained in violation of your child’s constitutional rights.
• Age and Maturity: A child’s age and maturity level can be considered in determining culpability and appropriate consequences. An attorney can argue that your child’s age and maturity level should be taken into account when determining the appropriate sentence.

Keep in mind that not all defenses and in some cases maybe even none of the defenses above might apply to your child’s case. Every case is unique and fact driven. Therefore, you or your partner should call a qualified attorney immediately to discuss your child’s case.

Contact an Experienced Juvenile Defense Attorney in New Jersey

If your child has been arrested in New Jersey, it’s vital to have an experienced juvenile defense attorney on your side. Brett M. Rosen, Esq. has experience representing juveniles and understands the unique challenges they face. He will work tirelessly to protect your child’s rights and secure the best possible outcome. Contact us today for a free consultation at 908-312-0368 & brett@nynjcriminalcivilesq.com.

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