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Navigating the complexities of the juvenile justice system can be a daunting task, especially when a young person is involved. When juveniles get into trouble with the law, they are putting their futures at risk. Most juvenile crimes are the same as adult crimes, but there are important differences that you should be aware of, especially when it comes to how the law treats young people.
A juvenile is anyone under the age of 18. In New Jersey, there are many different types of juvenile crimes, including theft, underage drinking, and assault. But because the perpetrators are not yet adults, the courts will focus on rehabilitation as opposed to more severe punishments.
It is essential to act swiftly when a juvenile is accused of a crime by contacting an experienced attorney. Having specialized legal experience in cases involving juveniles is essential. At Rosenblum Law, we have first hand experience and knowledge about how to fight juvenile criminal cases. Our compassionate and skilled attorneys will work to increase the likelihood that the young person in your life receives a favorable outcome, and has the opportunity to create a better life for themselves.
If you are a young person who has committed a crime, or if you are the family of a young person who has been charged, read this article to get a better understanding of the juvenile justice system, your next steps, and how one of our attorneys can help.
Types of Juvenile Crimes in New Jersey
In New Jersey, the most common juvenile offenses include:
- Theft and property crimes
- Drug-related offenses
- Assault and violent crimes
- Vandalism and graffiti
- Underage drinking and DUI
- Truancy and curfew violations
There are also juvenile crimes that are committed in New Jersey that are a bit less common, but are more serious and tend to have more severe consequences, and may be handled in an adult criminal court:
- Sexual offenses
- Gang-related activities
- Weapons charges
- Homicide and attempted murder
The Juvenile Justice System in New Jersey
In order to understand the juvenile justice system in New Jersey, one should be aware of the difference between this system and the adult criminal justice system, what the juvenile justice system process looks like, and the potential outcomes of a juvenile case.
Key Differences Compared to the Adult Criminal Justice System
The biggest difference between the juvenile and the adult criminal justice system is the juvenile system’s focus is on rehabilitation as opposed to punishment. When someone is accused of a crime but is still a minor, the goal of the juvenile court is to eventually reintegrate them into society through rehabilitative efforts. Thus, a judge can choose to divert the case to a Juvenile Conference Committee or take other rehabilitative measures to resolve the case through restitution, community service, or job placement.
However, if the case progresses into the criminal court system, the emphasis is on punishment. A conviction could result in a child being sentenced to a term in adult prison. The attorneys at Rosenblum Law will do all they can to keep a juvenile’s case in the family court, ensuring severe punishments or imprisonment with adults is not an option.
Another key difference between the adult and juvenile criminal justice systems concerns privacy protections. For juveniles in New Jersey, their criminal record is strictly safeguarded, meaning the records are not available to the public. However, this does not apply to juveniles who committed first-, second-, or third-degree crimes; aggravated assault; or property damage worth more than $50. Overall, unless a juvenile is charged as an adult, employers, landlords, and other public entities will not have access to a juvenile’s record.
Juvenile Criminal Procedure Overview
First, a delinquency complaint will be signed, which enters the juvenile into the juvenile justice system for the crime they committed. The complaint is commonly signed after the juvenile is taken into custody by police. There is different terminology between adult and juvenile arrests: Adults are “arrested” but juveniles are “taken into custody.”
A common concern for parents is whether their kids will be detained. After the complaint is signed, the case will be referred to the court intake service to request detention. Unlike adults who are arrested, juveniles who are taken into custody are not detained in a county jail or local detention facility with adults. Instead, they may be placed in a secure detention facility made for juveniles (sometimes casually referred to as “juvie”). According to New Jersey law, juveniles will only be in secure detention, or temporarily in a locked facility, if they are deemed a danger to society or are at risk of not appearing in court.
There are diversion programs that aim to keep juveniles out of the formal court system. If the case cannot be diverted, juveniles who are charged with a crime of any nature will be brought into family court. Typically, the minor will not be released on bail or be entitled to a trial by jury, meaning they will go before a family court judge who will render a final verdict.
Juvenile court hearings are similar to hearings in adult courts, where a judge will hear evidence and determine if the juvenile is guilty of the alleged crime. The main difference is that in juvenile cases, there is no jury; the judge makes all the decisions.
Parents concerned about whether their child will be tried as an adult should not worry unless the crime is severe. If the actions of the juvenile are severe enough and mirror those of an adult, or if the juvenile engaged in egregious behavior (e.g. murder, armed robbery, a sex crime, etc.), the juvenile may be charged as an adult and their case will go to the adult criminal court. When a juvenile is tried as an adult, they will have all of the associated constitutional protections and rights, including the right to trial by jury. An attorney will be able to work with the young person and their family to get them tried as a juvenile and not an adult.
Potential Outcomes
An incarceration sentence is one possible outcome in a juvenile delinquency case. There is no minimum length of incarceration based on the crime in juvenile cases, and incarceration is much less likely for juveniles than for adults in criminal cases. If a juvenile is incarcerated, the average jail sentence is two years, although sentences can range from 30 days to 20 years or more. Sentences may also be extended if the juvenile is a repeat offender.
It’s important to note that in some cases when a juvenile receives an incarceration sentence, it may not be the same as the prison an adult would be sentenced to. Incarceration for juveniles can also include house arrest or placement in a juvenile detention facility.
There are also other potential outcomes in juvenile delinquency cases aside from sentencing, including:
- Dismissal of charges: The case is dropped and the juvenile faces no consequences.
- Programs, conditions, or rehabilitation: These often include supervised probation, residential treatment programs, counseling, or community service.
- Restitution: Paying restitution or other fines for damages or losses caused by the crime.
How a Juvenile Defense Attorney Can Help a Juvenile Accused of a Crime in New Jersey
An attorney can assist in juvenile cases in a variety of ways, from evaluating the initial facts of the case to formulating defense strategies and post-judgement appeals.
Initial Consultation and Case Evaluation
A juvenile defense attorney will thoroughly assess the details of the case and the charges against the juvenile. They will then explain the juvenile justice process and potential outcomes to their client, ensuring that the young person and their family understands the charges against them and what they should expect.
Defense Strategy Development
The attorney will gather evidence and identify weaknesses prevalent in the prosecution’s case. An attorney will use this information to create a defense strategy based on the specific situation. This will increase the chance of a favorable outcome.
Representation in Court
An attorney will advocate for the juvenile during pretrial motions, trial, and disposition of the case. An attorney will also be able to negotiate with the other party to reach plea deals or alternative resolutions. This will help to ensure the juvenile’s rights are protected and they have the opportunity for rehabilitation or to be reintegrated into society.
Post-Disposition Support and Expungements
Post-disposition is a phase in a juvenile hearing in which the judge decides the final outcome of the case. However, the court’s decision in a juvenile case is not the end. An attorney can assist with appealing the court’s decision and motions for a new hearing if necessary. Contrary to popular belief, a juvenile conviction is not automatically erased when a minor grows up. However, an attorney can help with sealing and expunging the crime off of the juvenile’s record if their client is convicted of a crime. By expunging the record, a person can legally deny that the crime and conviction occurred. This means it need not be disclosed on most applications and interviews for housing, jobs, financial aid and college admission. This will enable the juvenile to move forward without the burden of a criminal record.
Steps to Take if a Juvenile is Accused of a Crime in New Jersey
There are several steps a juvenile or their family can take to ensure the legal proceedings in a juvenile delinquency case are as smooth as possible:
- Exercising the right to remain silent when initially charged with the crime. Everyone has the right to remain silent and the right to an attorney, and thus no one should not say anything in their defense without an attorney present. This will avoid self-incrimination.
- Contacting an experienced juvenile defense attorney as soon as possible. An attorney with specialized knowledge about juvenile cases will be able to successfully guide young people and their families through the legal process.
- Preparing for the legal proceedings by gathering relevant documents and evidence, and identifying potential witnesses that could help defend their side in the case.
- Understanding the legal process by familiarizing oneself with the stages of a juvenile case in New Jersey. Reading articles such as this one, reviewing the NJ Juvenile Delinquency Guide for Parents and Guardians, and consulting with an attorney are the best ways to accomplish this.
Rehabilitation and Support Programs for Juveniles
It’s important for families of young people to be aware of the services and programs offered in their state. For juveniles who have committed crimes, support programs are vital in preventing recidivism, or preventing the juvenile from committing another crime in the future.
Ensuring juveniles are supported and receive rehabilitation is also vital for allowing them to positively reintegrate into society. There are many services and programs offered for young people in New Jersey, such as:
- PerformCare: youth under the age of 21 are eligible for services through this program, which includes substance abuse treatment and mental health resources.
- Youth Corps: program that engages young people between 16 and 25 years old without a high school diploma with full-time community service, training, and educational activities.
- Juvenile Justice Commission’s Restorative Justice Program: involves juveniles in community service projects to give back to communities they’ve caused harm to.
- Restorative and Transformative Justice for Youths and Communities Pilot Program: works to prevent young people from entering the justice system and support them after release.
- 2NDFLOOR Youth Helpline: youth between the ages of 10 and 24 years old can call 888-222-2228 for free, confidential support 24/7.
FAQs
It’s important to remain calm if your child is accused of a crime. This will ensure you are better able to support your child during this difficult time. A parent should also be involved in every step of the legal process to support your child, which involves attending all meetings and hearings.
Contacting an attorney who specializes in juvenile delinquency cases should be the first step when your child is accused of committing a crime, as they will be able to guide you through the process. An attorney will be able to ensure your child is more likely to receive a favorable outcome, which generally involves rehabilitation or enrollment in a program as opposed to a jail sentence.
If a juvenile is convicted of a potential consequence, there are many potential consequences, such as:
· Supervised probation by a probation officer and specific conditions the juvenile must follow.
· Completing a set number of hours of community service.
· Paying restitution or other fines for damages or losses caused by the crime.
· Mandatory participation in counseling or rehabilitation programs.
· A jail sentence, with the average being around 2 years.
Yes, juvenile records in New Jersey can be expunged. The process involves filing a petition with the court and meeting all legal requirements. It’s best to hire an expungement attorney to help the young person expunge their crime off of their record. Expungements ensure the juvenile can live their life on a clean slate
Juvenile courts are primarily different from adult courts because:
· They focus on rehabilitation and the minor’s potential for change rather than punishment
· Juvenile records are often sealed to protect the young person’s privacy
· The cases are typically hearing by a family court judge, and there is no jury
Plea bargaining is when the defendant, or juvenile in this case, pleads guilty to some or all of the charges in order to receive a reduced punishment. This process generally begins with an evaluation of the case facts, evidence, and the juvenile’s background. A plea deal is then proposed to reflect the best interests of the juvenile while ensuring justice is served. A plea deal must be approved by the judge before it is carried out.
A juvenile conviction can have long-term impacts for your child, such as difficulties in admission to college or obtaining certain jobs, issues with securing housing, mental health problems, and limited access to public benefits.
In your child’s first court appearance, you can expect the judge to explain the charges made against your child, a decision on whether your child will be detained or allowed to stay in your custody, and the scheduling of future court dates, such as the pretrial hearing and the date of the trial.
If your child is arrested, they have the right to remain silent, the right to an attorney, the right to a phone call, the right to be informed of the charges against them, the right to a fair hearing before a judge, and the right to protection from self-incrimination, meaning they cannot be forced to testify against themselves.
Contact Rosenblum Law Today
Specialized legal representation for juvenile cases is essential. If you have been accused of a crime as a juvenile in New Jersey, or a young person in your life is facing charges, place your trust in the attorneys at Rosenblum Law, who are experienced in successfully handling juvenile crimes.
Our attorneys understand the unique challenges and opportunities in the juvenile justice system, and we work to ensure every young person has the opportunity to immediately or eventually reintegrate into society successfully. We will work to ensure that you or the young person in your life receives the best possible representation by one of our attorneys. Contact us today for your free consultation and case evaluation.
Last updated: Sep 26, 2024
