Juvenile Charges

Understanding the Criminal Justice Process for Juvenile Cases

In order to make informed decisions on behalf of your son or daughter, it is pivotal that you have a fundamental understanding of the NJ juvenile justice process. Some of the more important dynamics of criminal proceedings involving minors are discussed below but it is important that you know that what your child is facing is not a criminal proceeding. Your son or daughter is the subject of a juvenile delinquency action rather than a criminal matter. The Family Division of the Superior Court, which is located in New Brunswick, has exclusive jurisdiction to decide these cases. All issues of fact and law are decided by a judge rather than jury.

Representation by an Attorney. Every child must be represented by counsel when they appear in New Brunswick juvenile court. There is no ability for you to speak on behalf or represent your son or daughter. You are obligated as the parent and/or guardian to retain an attorney. If you cannot afford to hire a lawyer, you can provide a financial disclosure to the judge so that the court may determine if you qualify for a public defender. There is no other option since representation is mandatory. An attorney with all of the tools and familiarity with the court system to competently defend your child is ready to assist you by contacting our New Brunswick Office.

Questioning a Child. As a general rule, children are not to be questioned without their parent or an attorney being present. Police in South Brunswick, Monroe, Metuchen or another municipality in the state are required to utilize their best efforts to locate a parent or legal guardian before beginning questioning. This is particular true with younger children. Prosecutors must demonstrate that the juvenile’s parent could not be located in order for a confession given without their parent to be admissible in juvenile court. And even when an interrogation is permissible with these guidelines in mind, police are required to adhere to the “highest standards of due process and fundamental fairness”. In the Interests of A.W., 212 N.J. 114 (2012).

Arrest of a Juvenile. A police officer is permitted to take a juvenile into custody if there is probable cause to believe that they have been “delinquent.” A child is delinquent if they commit an indictable crime, disorderly persons offense or municipal ordinance violation. A complaint setting forth the allegations of delinquency must be prepared at the time of the child’s arrest and their parents/guardian immediately notified thereafter.  While the related complaint is drafted in the police department like the one in Carteret, East Brunswick, South Plainfield or Perth Amboy, the charge is centrally filed directly with the juvenile intact unit in New Brunswick. Jurisdiction over the case thereafter rests exclusively with the Juvenile Division.

Detention of a Child. Since there is no right to bail in a juvenile case, a determination must be made when charges are filed as to whether or not the child should be detained or released to his or her parents. A child can only be kept and brought to the Middlesex County Juvenile Detention Center if there is a history of willful failure to appear in court, physical safety of persons or property would be seriously threatened if the juvenile was released, or the child is charged with a first, second or third degree crime such as:

A juvenile may also be detained f or a limited number of fourth degree crimes which include fourth degree aggravated assault, stalking, criminal sexual contact, bias intimidation, failure to control or report a dangerous fire, possession of a prohibited weapon or device, or unlawful possession of a weapon. A juvenile who is 11 years of age or under cannot be placed in detention unless they are being charged with a first degree or second degree crime. A child is entitled to a detention hearing no later than the morning immediately following his or her arrest. The judge will determine at that proceeding whether further pretrial detention is required. Click here for more information about juvenile detention.

Waiver to Adult Court. There are certain circumstances that allow a prosecutor to waive a child to adult court at the New Brunswick Superior Court. This is not a favorable course of action In an overwhelming percentage of cases since the penalties are typically much more severe when a child is tried as an adult.

Diverting a Juvenile Offense. There are several alternatives to prosecution, commonly referred to as diversions, which our attorneys are often successful in securing on behalf of the children we defend. If we are engaged early in an investigation, a station house adjustment can be explored. This is where we attempt to resolve the case at the police station without resort to the courts (e.g. work with the police to repair, provide restitution, apology, etc.). Juvenile Conference Committee is an option if a juvenile offense has already been filed. This avenue allows the charge to be diverted to a committee of two to three community members that attempted to resolve the matter without further involvement of the courts. It is also possible for our lawyers to pursue an Intake Services Conference where the case is diverted to a referee who will attempt to resolve the case without any finding of guilt or innocence.

What You Need To Know About Penalties In Juvenile Court

The thought that your child cannot be exposed to serious penalties because their case is in the juvenile court is not reality. The judge is permitted to order the incarceration of your son or daughter upon conviction for any crime. The maximum is one year for a fourth degree crime, two years for a third degree crime, three years for a second degree crime and four years for a first degree crime. A child can even be sent to detention for six months upon conviction for a disorderly persons offense like harassment, simple assault or possession of 50 grams or less of marijuana. Other sentencing options including a period of probation, community service, drug rehabilitation or counseling, or placement in a program. The best way to afford protection against these penalties is to select a highly qualified juvenile delinquency attorney to defend your child.

Speak to a Highly Experienced Juvenile Crime Lawyer Now

The best way to get the answers you need and help defending your child is to contact our Middlesex County Defense Firm. You will obtain an immediate free consultation with a lawyer at Marshall Criminal Defense to address all of your questions. We will also discuss what would be involved if you choose to hire us to represent your son, daughter or grandchild. We are extremely knowledgeable in the defense of juvenile charges in Middlesex County and offenses arising in Sayreville, North Brunswick, Plainsboro, South Amboy and elsewhere. Attorneys are available 24/7 to assist you so do not hesitate to contact us whenever the need arises.

New Brunswick NJ juvenile lawyers at The Law Offices of Jonathan F. Marshall defend charges filed in New Brunswick, Edison, Woodbridge, Piscataway, Old Bridge, South Brunswick, Monroe, Metuchen, Sayreville, North Brunswick, Monroe, East Brunswick, Plainsboro and other municipalities.

Frequently Asked Questions in Middlesex County Juvenile Cases

What Age Is Considered Juvenile In New Jersey? In New Jersey, a person who is under the age of 18 is considered a juvenile. It is important to understand that for the purposes of juvenile crimes, the law looks at the age of the individual at the time the crime was committed. In other words, a person may be tried as a juvenile only if they were under the age of 18 at the time the crime was committed. However, some crimes, even if committed by someone under 18, may result in that person being tried as an adult.

How Are Criminal Charges Pressed Against Juvenile in Middlesex County NJ? Juveniles (persons under the age of 18) who break the law are usually held responsible for their behavior through the juvenile justice system. This is different from adult criminal court, as juveniles who are found to have broken the law are determined to be delinquent and not criminals. In other words, a juvenile can be arrested and brought up on charges if they commit an act that would be considered a crime if it were committed by an adult. Similar to adult criminal court, a juvenile delinquency judge will determine whether a juvenile broke the law and the appropriate punishment. Consequences for a juvenile offense can include supervision, placement in a residential treatment facility, or probation.

Are Juvenile Criminal Records Public If My Child Is Convicted in New Brunswick? Juvenile records are confidential and can only be released under specific circumstances. A judge’s permission is generally required before such records can be disclosed. However, law enforcement, the courts, and the juvenile’s school may have access to a juvenile’s record. Employers, landlords, and other public entities cannot access juvenile records.

How Long Are Juvenile Records Kept In New Jersey? While juvenile records may not be available to the public, they still exist and may be accessed under certain circumstances. Under New Jersey law, juvenile records may be expunged (cleared) three years after the minor completes their sentence and pays any fines.

To be sure, the court will not automatically clear a juvenile record after three years. You must file the appropriate petitions and submit the required paperwork in order to have the court consider expunging your juvenile record. This can be a complex and lengthy process, so it is recommended that you consult with an experienced juvenile defense attorney to assist you with this procedure.

Can A Juvenile Be Tried As An Adult? Yes. In New Jersey juvenile criminal cases, certain crimes committed by a person under the age of 18 may be tried in adult criminal court. This approach is typically reserved for more serious crimes committed by a minor who is close to the age of majority.

In order for a juvenile to be tried as an adult, the prosecutor must ask the court to allow that action. In deciding whether to grant the prosecutor’s request, the court will look at a number of factors, including but not limited to the juvenile’s prior history, the nature of the offense, the juvenile’s age, and the juvenile’s level of maturity. If the court agrees with the prosecutor, the case will be heard in adult criminal court, and the juvenile may be ordered to serve their sentence in an adult prison.

Can A Juvenile Be Questioned By Police Without Their Parents? Yes. A juvenile may be questioned about a potential crime without their parents present. However, it must be shown that law enforcement made reasonable attempts to contact the juvenile’s parents prior to questioning and they could not be located. Only then can they begin questioning a juvenile without their parents present. If a juvenile confesses to a crime after questioning when their parents were not present, that confession can be used against them in court.

The law in New Jersey holds law enforcement officers in these situations to the highest standard of fairness and due process. Further, just as with an adult, police are required to make a juvenile aware of their Miranda rights before a custodial interrogation begins. A criminal defense attorney can look into any potential foul play by police concerning questioning of a juvenile outside of the presence of their parents.

What Is Juvenile Delinquency? Because the law In New Jersey recognizes that juveniles who break the law should be treated differently than adults, there is a separate court process that handles these cases. The juvenile justice system is designed to help juveniles that have broken the law get their life back on the right track while holding them accountable for their mistakes. It must be proven in court that a juvenile committed an act that is against the law before they can receive services from the juvenile justice system. If it is proven in court that a juvenile broke the law, they are then determined to be “delinquent.” They may be subject to specific conditions set by the court. In other words, a juvenile who has been determined by a judge to have broken the law may sometimes be referred to as a juvenile delinquent.

Can I Be Held Responsible If My Child Commits A Crime? Maybe. While the law typically does not hold parents criminally responsible for the actions of their children, you may be sued in civil court if your child caused someone else to become injured or incur damages. Civil lawsuits do not involve jail time, but they may cause you to pay money to the person suing you. Additionally, you may be held responsible if you facilitated your child’s criminal actions or took steps to keep them from being held accountable for criminal activity. With any legal matter, it is recommended that you contact a juvenile crime defense lawyer immediately if your child is being accused of a crime or you have served with legal papers connected to a lawsuit.