NJ Juvenile Delinquency New Jersey lawyer

NJ Juvenile Offenses--Introduction:

“Juvenile” in New Jersey means anyone under the age of eighteen. Juvenile proceedings are governed by the New Jersey Code of Juvenile Justice. These proceedings are defined by New Jersey Statutes beginning at N.J.S. 2A:4A-20. They extend through N.J.S. 2A:4A-92. These laws took effect on December 31, 1983. Under the New Jersey Code of Juvenile Justice, judicial proceedings relating to charges against juveniles are handled in a special court, using different rules. That court is the Superior Court of New Jersey, Chancery Division, Family Part.

New Jersey's Code of Juvenile Justice lists various objectives. Those objectives include removing from children committing delinquent acts certain statutory consequences of criminal behavior and, instead, substituting supervision, rehabilitation, and accountability; and providing for the care, protection, and wholesome mental and physical development of juveniles.

NJ Juvenile Offenses--Basic Concepts:

New Jersey's Code of Juvenile Justice makes clear conceptual distinctions between NJ juvenile delinquency lawyer nj marijuana theft criminal mischief shoplifting assaultjuvenile delinquency charges and adult offenses. Under the Code, juveniles are not arrested. Rather, they are “taken into custody.” If charges against them are proved, they are not convicted. Rather, they are “adjudicated delinquent.” And the Code specifically provides that no dispositions under it shall impose any civil disabilities ordinarily imposed by virtue of a criminal conviction. Nor shall a juvenile be deemed a criminal by reason of such disposition. Disclosure of court records relating to juvenile proceedings is very limited. These records are not available to the general public. Unauthorized disclosure is a disorderly persons offense.

Not every type of charge against a juvenile can be handled in the Family Part. Types of charges that will be handled in adult court include most motor vehicle offenses, offenses relating to smoking (tobacco) in a public place, and offenses relating to violation of municipal curfews.

NJ Juvenile Offenses--Two Calendars:

Cases filed in New Jersey juvenile matters are initially screened. As a result of that screening, they are placed on one of two “calendars.” These are the “formal calendar” and the “informal calendar.” The informal calendar is reserved for matters deemed less serious. Fighting, criminal mischief, shoplifting charges, and possession of small amounts of marijuana are examples of matters that might go to the informal calendar. Even for these types of offenses, however, repeat violations will more likely be placed on the formal calendar.

Matters on the informal calendar do not have the potential for a sentence that includes incarceration. Matters on the formal calendar do. The court does not require juveniles with matters on the informal calendar to be represented by a lawyer. For matters on the formal calendar, legal representation is required. If the juvenile's parents or guardian cannot afford counsel, the juvenile will be represented by the Office of the Public Defender. nj juvenile delinquency lawyer marijuana shoplifting assault criminal mischief graffiti burglary truancy school drugs arson disorderly conduct weapon Otherwise, the parents or guardian will be obliged to retain private counsel. When application is made for Public Defender representation, it is the court that determines whether or not the applicant can afford private counsel. While counsel is not required for matters on the informal calendar, the right to counsel still exists, but not at public expense.

NJ Juvenile Offenses--Rights of Juveniles:

Many, but not all, constitutional protections afforded adults are also extended to juveniles. These include the presumption of innocence; the right to confront witnesses; the right to compulsory process; the burden that the State has to prove each element of the offense charged beyond a reasonable doubt; the right to testify; and the right to not testify, with the judge drawing no adverse inference from exercise of that right. Adults charged with a crime have a right to have their charges screened by a grand jury. Juveniles lack that right. Charges against juveniles are heard and decided by a judge alone, with no jury. Juveniles placed in detention awaiting trial do not have a right to release on bail.

NJ Juvenile Offenses--Dispositions:

Juveniles are exposed to the same penalties as adult offenders, but with exceptions. The first exception is that the maximum term of incarceration is often less than the term of incarceration that could be imposed upon an adult. Here is a comparison of these exposures:

Comparison of Juvenile and Adult Incarceration Exposures
Classification of Offense Adult Exposure Juvenile Exposure
Purposful or Knowing Murder Life Twenty years
Felony Murder Life Ten years
Other First Degree Crimes Usually twenty years, more
for certain specified crimes
Four years
Second Degree Crimes Ten years Three years
Third Degree Crimes Five years Two years
Fourth Degree Crimes Eighteen months One year
Disorderly Persons Offense Six months Six months
Petty Disorderly
Persons Offense
Thirty days None specified for first adjudication; (presumably up to) thirty days for subsequent adjudications
Municipal Ordinance Ninety days (None specified)

Juveniles adjudicated delinquent on account of Megan's Law violations are subject to mandatory registration and community notification for life. They can seek relief from those requirements after being subject to it for fifteen years. If the juvenile was under fourteen years of age when they committed their delinquent act, they can seek relief upon reaching age eighteen. Juveniles under the age of twelve can be sentenced to incarceration only if adjudicated delinquent for arson or for offenses which, had they been adults, would have constituted first- or second degree crimes. As with adults, the court can sentence a juvenile to probation. The maximum period of juvenile probation is three years. But for persons adjudicated to be a juvenile delinquent, the Family Part has numerous additional sentencing options that adult courts lack. These additional options include:graffiti nj juvenile lawyer theft shoplifting burglary assault drugs marijuana assault robbery criminal mischief nj lawyer detention center

  • Withholding adjudication with a view towards dismissing the charge if, during a specified period of time, the juvenile makes a satisfactory adjustment. (This differs from adult PTI in that this disposition is available only after a finding of guilty)
     
  • Releasing the child to the supervision of his/her parents or guardian
     
  • Removing the child from the home and placing him/her with a relative or other qualified individual
     
  • Placing the child in the custody of the Department of Children and Families
     
  • Ordering the child to participate in work programs designed to provide job skills and specific employment training
     
  • Ordering the child to participate in programs emphasizing self-reliance, such as intensive outdoor programs teaching survival skills including but not limited to camping and hiking
     

NJ Juvenile Offenses--Trial As An Adult:

Juveniles age fourteen and older can be involuntarily “waived” to adult court under certain circumstances. The waiver process begins with a motion to the Family Part by the county prosecutor. Circumstances that can trigger such waiver include charges that the juvenile committed homicide, first degree robbery, carjacking, car theft, sexual assault and aggravated sexual assault, aggravated arson, kidnapping, possession of a firearm with purpose to use it against someone else, and various additional offenses while possessing a firearm. This is not a complete list.

Juveniles tried as adults are generally subject to the same punishments as if they actually were adults. The United States Supreme Court has imposed some limits, however. That Court has held that sentencing a juvenile tried as an adult to life imprisonment without possibility of parole constitutes cruel and unusual punishment. The Court has also held that juveniles tried as adults cannot be sentenced to death. This second holding is of little import in New Jersey since New Jersey has eliminated the death penalty even for adults.

Juveniles age fourteen and older also have the right to voluntarily elect to have their matters transferred to adult court. One reason a juvenile might make that election might be that the juvenile believes he or she will obtain a more favorable result from a jury than from the juvenile judge. Another reason might be that the juvenile judge told the juvenile on a previous matter that the next time the juvenile is adjudicated guilty before that judge, the judge will impose incarceration.

NJ Juvenile Offenses--Criminal Lawyers in New Jersey™:

NJ juvenile lawyer nj juvenile delinquency lawyer waive try as an adult gun rifle pistol

Allan Marain and Norman Epting, Jr. are skilled New Jersey juvenile delinquency lawyers. Both have successfully handled numerous juvenile delinquency matters. They handle these matters with understanding and sensitivity. They are available to discuss juvenile delinquency charges, and to provide outstanding representation.

 Overview  |  Allan Marain  |  Norman Epting, Jr. 
 The Practice  |  Selecting a Lawyer 
 Trial Transcript  |  Jobs and Internships 

 Abandoned Cars  |  Appeals  |  Arson  |  Assault  |  Bad Checks  |  Bribery  |  Burglary 
 CDS in Vehicle  |  Child Pornography  |  Cocaine  |  Computer Crimes 
 Conditional Dismissal  |  Conspiracy  |  Credit Card Fraud  |  Domestic Violence  |  Drivers Licenses  |  DWI/DUI 
 Eluding  |  Endangering  |  Entrapment  |  Evidence  |  Excessive Force  |  Expungements  |  False Swearing 
 Federal Appeals  |  Federal Crimes  |  Fictitious Reports  |  Forgery  |  Freedom of Speech  |  Graves Act  |  Gun Law 
 Hazing  |  Homicide  |  Identity Theft  |  Insurance Fraud  |  Invasion of Privacy  |  Jury Service  |  Juvenile Delinquency 
 Kidnapping  |  Leaving the Scene  |  Lewdness  |  Mail Fraud  |  Manslaughter  |  Marijuana  |  Megan's Law 
 Miranda Warnings  |  Money Laundering  |  Municipal Court  |  Murder  |  NERA  |  No Insurance  |  Official Misconduct 
 Peeping Tom  |  Perjury  |  Personal Injury  |  Point Assessments  |  Police Misconduct  |  Possession  |  Prostitution 
 PT I  |  Receiving Stolen P'ty  |  Red Light Cameras  |  Refusals  |  Resisting Arrest  |  Revoked List  |  Robbery 
 Sexual Assault  |  Shoplifting  |  Stalking  |  Tax Crimes--Federal  |  Tax Crimes--NJ  |  Terroristic Threats 
 Theft  |  Theft by Deception  |  Theft of Services  |  Unauth'd Prac Law  |  Underage Drinking 
 Underage Gambling  |  Urinating in Public  |  Vehicular Homicide  |  Violation of Probation 
 Weapons Possession  |  White Collar Crimes  |  Wire Fraud 

 Case Review  |  Super Links  |  Hat Trick  |  Directions  |  Parking  |  PGP Public Key 

 The Bottom Line 


Law Offices of Allan Marain
Attorney and Counsellors at LawFirm accepts PayPal for fees relating to New Jersey Lawyers for criminal charges, DWI DUI in State and federal court in New Jersey
100 Bayard Street
P.O. Box 1030
New Brunswick NJ 08903
Phone 732-828-2020
or Toll Free: 877-652-6531
email: Info@MarainLaw.com

“We, as criminal defense lawyers, are forced to deal with some of the lowest people on earth. People who have no sense of right and wrong. People who will lie in court to get what they want. People who do not care who gets hurt in the process. It is our job, our sworn duty as criminal defense lawyers, to protect our clients from those people.”

Cynthia Roseberry

 
Counsellors at Law in the Law Offices of Allan Marain, located in New Brunswick, represent clients throughout Central and Northern New Jersey. That includes Asbury Park, Bedminster, Belleville, Bergenfield, Berkeley Heights, Bernards Township, Bernardsville, Bogota, Bound Brook, Branchburg, Brick, Bridgewater, Clifton, Clinton, Closter, Cranbury, Cranford, Cresskill, Deal, Demarest, Denville, Dover, Dumont, Dunellen, East Brunswick, East Rutherford, East Windsor, Edison, Elizabeth, Emerson, Englewood, Englishtown, Ewing, Franklin Township, Freehold, Garfield, Garwood, Hackensack, Highland Park, Hillsborough, Hillsdale, Hillside, Jersey City, Kearny, Kenilworth, Lakewood, Lawrence Township, Mahwah, Manville, Marlboro, Matawan, Metuchen, Middlesex Borough, Monroe, Mountainside, New Brunswick, North Brunswick, Nutley, Old Bridge, Paramus, Parsippany, Paterson, Perth Amboy, Piscataway, Plainfield, Plainsboro, Point Pleasant, Princeton, Rahway, Raritan, Readington, Red Bank, Ridgefield, Ridgefield Park, Ridgewood, Robbinsville, Rockaway, Rocky Hill, Roselle, Roselle Park, Rutherford, Sayreville, Scotch Plains, Seabright, Seaside Heights, Seaside Park, Secaucus, Shrewsbury, Somerville, South Amboy, South Bound Brook, South Brunswick, South Orange, South Plainfield, South River, Sparta, Spotswood, Summit, Teaneck, Tenafly, Toms River, Trenton, Union, Wall, Warren, Washington, Watchung, West Windsor, Westfield, Woodbridge, and other communities in Bergen County, Mercer County, Middlesex County, Monmouth County, Ocean County, Somerset County, Sussex County, Union County, and Warren County. They handle criminal matters in the United States District Court for the District of New Jersey, and the United States Court of Appeals for the Third Circuit. They are available to handle matters in the United States Supreme Court.

Criminal Lawyers in New Jersey and MarainLaw.com
© Copyright 2006-2017, Allan Marain, New Brunswick, NJ, All rights reserved.
For information, questions, or suggestions about our site, please email our webmaster.
Web site design by DNEBA Enterprises » Accessible and Effective Web Design.
Search engine optimization by Rank Magic.
Page last updated 22 May 2017, and displayed Sunday 28 May 2017, at 20:05:24 EDT.
Hosted by Westhost »When you expect more from your Web host.
NJ Criminal Defense Lawyer Provides Valid XHTML 1.0 Transitional code   Criminal Lawyer in NJ adheres to CSS standards   Site powered by Apache for users with problems relating to NJ New Jersey marijuana pot paraphernalia arrest arrested municipal court lawyer Rutgers police   Dynamic Drive provides much-valued technical assistance for attorneys at law in New Jersey court defense