Can a child go to jail in New Jersey?

Reviewed by Carl Spector, Esq.

The worst-case scenario for any parent is to see their child convicted of a crime. Under those conditions, the whole situation can be extremely stressful for you, and most importantly, your child. In the state of New Jersey, juveniles under the age of 18 are typically treated far less severely in court compared to adults when it comes to criminal cases, although there are exceptions to this. Minors can be tried as adults and charged with felonies depending on the circumstances of their conviction. Not only could this lead to potential jail time, but it could also result in permanent life-altering consequences for your child. If your child is facing serious legal troubles, do not hesitate to contact the Bergen County juvenile offense attorneys at the Law Office of Carl Spector to help guide you through the process.

Understanding New Jersey Juvenile Delinquency and Representation

When someone under the age of 18 commits a criminal offense, it is legally considered “juvenile delinquency.” These acts include:

• Violations of penal:
  • Statutes
  • Ordinances
  • Regulations
• Petty disorderly persons offenses
• Disorderly persons offenses
• Criminal acts

Unlike the adult criminal justice system, which prioritizes punishment and deterrence, the juvenile system focuses on rehabilitation, supervision, and accountability.

Additionally, unlike the adult criminal justice system, all juveniles facing delinquency must have legal representation. While adult offenders are eligible to waive their right to legal counsel, children do not have this ability. The child’s parents or guardian are legally responsible for retaining legal counsel, though a public defender may be requested if they are unable to afford representation.

You should understand, however, that the New Jersey courts will review the finances of the parents, as requests for public defenders will be denied if it’s determined that the parents are capable of affording a private attorney.

What crimes can a child go to jail for in New Jersey?

While crimes committed by minors are usually treated as a separate category compared to charges against adults, minors can be tried as adults and receive the same punishment, depending on the crime. For example, aggravated sexual assault is classified as a first-degree criminal offense in New Jersey. Despite their age, if a minor is convicted of this crime, they could potentially receive jail time anywhere from 10 to up to 20 years, along with additional fines as high as $200,000. It should also be noted that the No Early Release Act applies to crimes of this nature, meaning a minor could be required to serve at least 85% of their sentence before becoming eligible for parole.

Other crimes, such as charges related to vehicle theft, could also land a minor in prison. Because it is classified as a violent crime, prosecutors may file additional charges depending on the circumstances of the incident, especially if a firearm was involved. Carjacking convictions can result in jail time as high as 30 years as well as hefty fines. But perhaps the most severe crime a minor can be convicted as an adult for is murder. A homicide conviction can result in a minimum prison sentence of 30 years, with the most severe punishment being life in prison without parole.

How Juvenile Court Proceedings Work in New Jersey

In general, New Jersey juvenile delinquency cases typically proceed through the Family Division of the New Jersey Superior Court. Depending on the circumstances of the case, including the nature of the crime, the severity of the offense, the age of the juvenile involved, and their prior record. As such, these matters typically proceed through one of three avenues.

• Juvenile Conference Committee (JCC) or Intake Services Conference: This informal process allows the juvenile and their parents to discuss the charges they face with a Judiciary staff member or trained volunteer panel who can make recommendations to the judge for final approval
• Juvenile Referee / Informal Court: At this hearing, the juvenile will admit to or deny the offense, similar to a bail hearing in an adult criminal court. The referee will review the matter to determine delinquency and ultimately pass recommendations to the judge.
• Judge / Formal Court: A formal court hearing is overseen by a Superior Court judge, and the juvenile will ultimately enter a plea of guilty or not guilty. Additionally, the court can impose strict rehabilitative or corrective consequences.

What Consequences and Dispositions Can a Juvenile Face?

In the event a juvenile receives an adjudication of delinquency, the court is given vast discretion to impose several consequences

• Community service and financial restitution to victims
• Fines and probation supervision
• Release to the custody of a parent or guardian with mandatory parental involvement
• Residential mental health, substance abuse, or alcohol treatment programs
• Work, outdoor, academic, or vocational programs
• Suspension of their driver’s license
• Secure confinement or incarceration within a dedicated juvenile facility

How does a charge against a child become an adult criminal case?

After a minor is arrested in New Jersey, their case will be heard by the Juvenile Conference Committee. During this process, the committee will observe the facts of the case as well as take into account the severity of the crime. If they determine that the crime is serious enough, the case can be brought to adult criminal court. Once a minor’s case is waived up to adult criminal court, they will become subject to the same penalties as adults. This statutory waiver process is typically reserved for severe, violent, or repeated offenses, including murder, rape, carjacking, and aggravated assault.

Are New Jersey Juvenile Records Public?

To prevent young individuals from being permanently labeled as criminals, New Jersey juvenile court proceedings and records are kept strictly confidential, with severely restricted public access. However, this confidentiality is not absolute. Under specific conditions—particularly if the individual remains law-abiding—juvenile records can be expunged or sealed. Pursuing record expungement is vital, as an unsealed record can permanently impact future college applications, employment opportunities, military service eligibility, and professional licensing.

Contact an Experienced Juvenile Defense Law Firm

If your child is facing criminal charges, it can be incredibly overwhelming to navigate. That is why our firm is committed to helping you fight for the best possible outcome. At the Law Office of Carl Spector, we understand the impact that a criminal record can have on your child’s future, which is why we will explore all potential avenues to help reduce or eliminate the charges against your child. Contact our firm today to learn how we can represent you during these challenging times.