If your child has been arrested or accused of a crime in New Jersey, you are likely overwhelmed by the potential consequences and the jeopardy facing their future. As you navigate the juvenile justice system, it is crucial to understand what to expect. Please continue reading as we guide you through the workings of juvenile court in New Jersey and how our experienced Bergen County Juvenile Offense Attorneys can help safeguard your child’s rights.
Who Goes to Juvenile Court in New Jersey?
In New Jersey, when a child under 18 is arrested, their case is handled distinctly from adult criminal proceedings. Typically, juvenile cases fall under the family division of the New Jersey Superior Court and are heard by the Juvenile Conference Committee (JCC), a group of volunteers, instead of a judge, who determines the outcome.
However, parents must be aware that for very serious offenses, such as murder, rape, assault, and other violent acts, the case can be waived up to adult criminal court. This potential outcome represents a severe and devastating prospect for both the child and the family, underscoring the imperative of securing an experienced attorney who will vigorously advocate to safeguard your child’s future.
What Are the Key Differences Between Juvenile Court and Adult Criminal Court?
The juvenile justice system is fundamentally different from the adult criminal court, which focuses primarily on punishment and deterrence. In contrast, the juvenile system’s central goals are rehabilitation, supervision, and therapeutic services, all aimed at steering young individuals away from future criminal activity.
In place of a standard criminal prosecution, a case involving a minor, referred to as a “juvenile,” is generally termed a “delinquency” proceeding. Although judges, prosecuting attorneys, and probation officers threaten these cases with serious consideration, the terminology, prosecution, and outcomesa re intentionally designed to recognize that the involved parties are children, not adults.
The New Jersey juvenile court generally handles cases involving:
- Acts that would be crimes if committed by an adult
- Certain disorderly persons offenses and violations
In serious situations, a juvenile’s case may be waived to adult court. This process has its own standards and is typically reserved for violent and repeated serious offenses. A crucial early discussion with an attorney involves determining whether your child’s case will remain in the juvenile system or be considered for waiver to adult court.
Are Juvenile Records Public?
New Jersey juvenile court proceedings are generally more confidential than adult cases. This reduced public access to hearings and records acknowledges the importance of preventing young individuals from being permanently labeled as criminals. However, confidentiality is not absolute.
The state often permits juvenile records to be sealed or expunged under specific conditions, particularly if the juvenile remains law-abiding. Clearing a record is vital for employment opportunities, college applications, professional licenses, and military service. Therefore, record expungement should be considered.
Facing juvenile court is undoubtedly stressful. However, as a parent, gaining a clear understanding of the juvenile justice system can be significantly helpful. Connect with an attorney at The Law Office of Carl Spector today for guidance and skilled representation.