The Law Offices of Chris Hoffner 210 Haddon Avenue | Westmont, New Jersey 08018 tel: (856) 833-9600 | email: Chris@hoffnerfirm.com |
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Juveniles are treated differently by the Justice System. Their cases require special attention and are handled in the Family Part of the Court System.
If your child is accused of a crime, contact a lawyer. Their future is to
important.
Unlike adults, juveniles do not have a right to a jury trial and do not have to post bail. It is a popular misconception that juvenile arrests are automatically erased when the juvenile turns 18. The criminal "charge", even if later dismissed, stays on their record forever unless they have their attorney file a formal petition for Expungement.
The Process.
Police are permitted to arrest if they see a crime or are provided with information that a juvenile committed a crime. The police then sign a Complaint Form, which later is forwarded to the Superior Court, Family Part, in the county where the juvenile lives. Generally, the juvenile will be released to the custody of parents or guardians. N.J. Ct. Rule 5:21-5. A person is a juvenile for delinquency purposes until his/her 18th birthday. For serious crimes, if the juvenile is a threat to themselves or the community, or if the juvenile is a habitual offender, they can be brought to the County Juvenile Detention Center. They will remain in detention until released by the Superior Court Judge at a recall hearing, after a probable cause hearing or at the conclusion of the case. It is rare and serious when a juvenile is held at the Detention Center.
In many counties, the County Prosecutor's office screens each complaint
initially, but staff within the Family Court can make the decision to divert the case or not. Diversion for many cases means removing them from court altogether and sending them for total handling to a Juvenile Conference Committee (J.C.C.) or intake service conference. The first rung on the diversion ladder is the Juvenile Conference Committee (J.C.C.), which is a town-based group of citizens who work with the juvenile offender to devise an appropriate resolution of the case.
An "informal" hearing is a case sent to the "informal" calendar. There is a trial heard by either a Superior Court Judge or a specially designated Municipal Court Judge. This involves a Superior Court appearance. The police are subpoenaed to testify but the County Prosecutor does not prosecute the case. At an informal, no possibility of incarceration exists. If found delinquent (guilty), the judge can either put the juvenile on probation or make a "deferred adjudication." The court will impose the condition that if the juvenile stays out of trouble for a specified period of time (six months to a year and a half), the charges will be dismissed. In a "deferred adjudication" the judge may direct the
juvenile to perform a job, write an essay, be on unsupervised probation, or direct other requirements. The juvenile must earn dismissal by fulfilling conditions such as restitution, community service, counseling, or school attendance. For juveniles with prior charges or more serious charges, the case is put on the formal trial calendar. These proceedings resemble adult criminal proceedings. The juvenile must be represented by an attorney and the state is represented by an Assistant Prosecutor.
Juvenile Cases must be tried sometimes.
If the case goes to trial, the judge serves as the fact-finder and makes all
decisions, unlike adult court where those charged can have a jury trial. The trial is held before a Superior Court Judge in the county where the juvenile resides. Rule 5:19-1.
Another major difference in juvenile cases is that the prosecutor does not make binding sentencing recommendations as part of a plea bargain. The judge has total discretion regarding the sentence imposed. If the juvenile pleads guilty or is found delinquent (guilty), the judge has the discretion on sentence - deferred adjudication, probation, incarceration, residential placement, restitution, fine, etc.
Important laws for juveniles.
Graffiti: Penalties are increased for graffiti, and include driver's license loss for juveniles.. In the case of a person who at the time of the imposition of sentence is less than 17 years of age, the period of the suspension of driving privileges authorized herein, including a suspension of the privilege of operating a motorized bicycle, shall commence on the day the sentence is imposed and shall run for a period of one year after the day the person reaches the age of 17 years. If the driving privilege of any person is under revocation, suspension, or postponement for a violation of any provision of this Title or Title 39 of the Revised Statutes at the time of any conviction or adjudication of delinquency for a violation of any offense defined in this section, the revocation, suspension, or postponement period imposed herein shall commence as of the date of termination of the existing revocation, suspension, or postponement. Any person convicted of criminal mischief involving graffiti may be required to pay to the owner monetary restitution and perform community service and remove graffiti.
Mandatory Penalties for Juvenile - Possession of Small Amounts of Marijuana: Suspension of Driver's License for Six months to two years from date of sentence and a DEDR Penalty of $500 is required under.
If your child is accused of a crime, contact a lawyer. Their future is to
important.
Unlike adults, juveniles do not have a right to a jury trial and do not have to post bail. It is a popular misconception that juvenile arrests are automatically erased when the juvenile turns 18. The criminal "charge", even if later dismissed, stays on their record forever unless they have their attorney file a formal petition for Expungement.
The Process.
Police are permitted to arrest if they see a crime or are provided with information that a juvenile committed a crime. The police then sign a Complaint Form, which later is forwarded to the Superior Court, Family Part, in the county where the juvenile lives. Generally, the juvenile will be released to the custody of parents or guardians. N.J. Ct. Rule 5:21-5. A person is a juvenile for delinquency purposes until his/her 18th birthday. For serious crimes, if the juvenile is a threat to themselves or the community, or if the juvenile is a habitual offender, they can be brought to the County Juvenile Detention Center. They will remain in detention until released by the Superior Court Judge at a recall hearing, after a probable cause hearing or at the conclusion of the case. It is rare and serious when a juvenile is held at the Detention Center.
In many counties, the County Prosecutor's office screens each complaint
initially, but staff within the Family Court can make the decision to divert the case or not. Diversion for many cases means removing them from court altogether and sending them for total handling to a Juvenile Conference Committee (J.C.C.) or intake service conference. The first rung on the diversion ladder is the Juvenile Conference Committee (J.C.C.), which is a town-based group of citizens who work with the juvenile offender to devise an appropriate resolution of the case.
An "informal" hearing is a case sent to the "informal" calendar. There is a trial heard by either a Superior Court Judge or a specially designated Municipal Court Judge. This involves a Superior Court appearance. The police are subpoenaed to testify but the County Prosecutor does not prosecute the case. At an informal, no possibility of incarceration exists. If found delinquent (guilty), the judge can either put the juvenile on probation or make a "deferred adjudication." The court will impose the condition that if the juvenile stays out of trouble for a specified period of time (six months to a year and a half), the charges will be dismissed. In a "deferred adjudication" the judge may direct the
juvenile to perform a job, write an essay, be on unsupervised probation, or direct other requirements. The juvenile must earn dismissal by fulfilling conditions such as restitution, community service, counseling, or school attendance. For juveniles with prior charges or more serious charges, the case is put on the formal trial calendar. These proceedings resemble adult criminal proceedings. The juvenile must be represented by an attorney and the state is represented by an Assistant Prosecutor.
Juvenile Cases must be tried sometimes.
If the case goes to trial, the judge serves as the fact-finder and makes all
decisions, unlike adult court where those charged can have a jury trial. The trial is held before a Superior Court Judge in the county where the juvenile resides. Rule 5:19-1.
Another major difference in juvenile cases is that the prosecutor does not make binding sentencing recommendations as part of a plea bargain. The judge has total discretion regarding the sentence imposed. If the juvenile pleads guilty or is found delinquent (guilty), the judge has the discretion on sentence - deferred adjudication, probation, incarceration, residential placement, restitution, fine, etc.
Important laws for juveniles.
Graffiti: Penalties are increased for graffiti, and include driver's license loss for juveniles.. In the case of a person who at the time of the imposition of sentence is less than 17 years of age, the period of the suspension of driving privileges authorized herein, including a suspension of the privilege of operating a motorized bicycle, shall commence on the day the sentence is imposed and shall run for a period of one year after the day the person reaches the age of 17 years. If the driving privilege of any person is under revocation, suspension, or postponement for a violation of any provision of this Title or Title 39 of the Revised Statutes at the time of any conviction or adjudication of delinquency for a violation of any offense defined in this section, the revocation, suspension, or postponement period imposed herein shall commence as of the date of termination of the existing revocation, suspension, or postponement. Any person convicted of criminal mischief involving graffiti may be required to pay to the owner monetary restitution and perform community service and remove graffiti.
Mandatory Penalties for Juvenile - Possession of Small Amounts of Marijuana: Suspension of Driver's License for Six months to two years from date of sentence and a DEDR Penalty of $500 is required under.