Juvenile Defense
How is being charged as a juvenile different than being charged as an adult?
Juvenile offenders—that is, people under the age of 18—can be charged with nearly every one of the offenses that an adult can be charged with in New Jersey, and the categories are the same: lower level offenses called disorderly persons offenses and first, second, third or fourth degree felony offenses, depending on the seriousness of the crime.
However, almost every aspect of the juvenile justice system is a bit different from adult criminal justice system, and there’s a whole vocabulary that goes along with it. Here are some differences between being charged with a criminal offense in New Jersey as an adult versus being charged with a criminal offense in New Jersey as a juvenile.
| Adult | Juvenile | |
|---|---|---|
| Court | Municipal or Superior (Criminal Division) | Superior (Family Division) |
| Arrest | Arrested on a complaint | Taken into custody on a complaint |
| Formal Charge | Indicted by grand jury | Complaint is the formal charge |
| Trial | Entitled to trial by jury of 12 | Entitled to trial by judge |
| Diversionary Program | Pre-Trial Intervention or Drug Court | Diversion or Deferred Disposition |
| Guilty | Convicted | Adjudicated Delinquent |
| Record | Conviction | Disposition |
| Sentence | County Jail or State Prison | Youth House, Detention Center, Juvenile Justice Institution |
The New Jersey juvenile justice system differs considerably from its adult criminal justice counterpart, and ideally those differences prevent a young person facing a juvenile offense to from ever entering into that adult system. Mainly this is due to the overarching philosophy that children are less responsible for their behavior than adults acting in the same way because they are not developmentally as able to recognize the possible consequences of their actions. In this way, the courts consider juvenile offenders to be inherently redeemable in a way the adult system simply does not, and there is a much stronger emphasis on rehabilitation for young people charged with all levels of offenses. In adult court, sentences are designed to punish the individual, to protect society by keeping the individual incarcerated, and to discourage the individual (and others paying attention) from committing an offense.
I can’t get in real trouble if I’m a juvenile, right?
The sentences in juvenile court are not nearly as long as those in adult criminal court, but that doesn’t mean a juvenile offender cannot face very serious consequences. There are facilities where young offenders may be confined for a period of days or even years, and in the most serious crimes, a juvenile offender may be “waived” to criminal court and treated as an adult. If that juvenile is found guilty of the crime alleged after being waived, age at the time of the offense will be a sentencing consideration by the judge—juveniles cannot be sentenced to a life sentence without the possibility of a parole the way an adult in New Jersey can—but it could still mean decades of time in a prison facility.
Is my juvenile record sealed?
Here again, it is not quite straightforward. Juvenile records are not public in the sense that adult criminal convictions are, but they can still be used in certain instances. Being adjudicated delinquent may be problematic in the future when seeking a driver’s license, applying to college, joining the military, or seeking a professional license. And importantly, if ever a past juvenile offender is charged with an offense as an adult, the juvenile record can be used by the judge when considering pre-trial detention and in the sentencing phase.
Should a juvenile have an attorney in New Jersey?
In fact, a juvenile MUST have an attorney present in all formal court proceedings before a judge. Appearing “pro se” or acting as one’s own attorney, which is sometimes permitted (though never recommended) in adult proceedings, is not an option in juvenile court in New Jersey. If a juvenile offender’s family cannot afford to hire private counsel, the juvenile may apply and potentially be found eligible for public defender services, but appearing without an attorney is not permitted.
When should I hire a juvenile attorney?
Juvenile cases move faster than their adult counterparts so time is of the essence. As soon as a juvenile is charged with an offense, the first step should be seeking representation familiar with the juvenile justice system and able to help the family navigate through it. Forrester Law Firm has more than a dozen years of experience and can help resolve juvenile charges in a way that prevents them from derailing a successful future. If you are the parent of a child being charged as juvenile in New Jersey, contact us today for a free consultation.
Counties Served for Juvenile Offenses:
Somerville Juvenile Defense Lawyer