The legal system in New Jersey distinguishes between juveniles and adult offenders, with juveniles typically subject to different rules and procedures than adults. While juveniles are defined as individuals under the age of 18, certain offenses may result in a juvenile being charged in adult court. Please continue reading as we explore when a juvenile can be tried as an adult in New Jersey and how our experienced Bergen County Juvenile Offense Attorneys can help protect your child’s future.
How Are Juvenile Cases Usually Tried?
When a child under the age of 18 is charged with a crime in New Jersey, their case is handled differently than traditional adult criminal cases. Generally, juvenile cases are handled in family court and heard by the Juvenile Conference Committee. Alongside a judge, the members of this committee are responsible for deciding the outcome of a juvenile case. The primary goal of the juvenile system is to focus on rehabilitation.
When Can a Juvenile Be Tried as an Adult in New Jersey?
In certain cases, juvenile offenses can be charged in adult court. For a juvenile to be tried as an adult, they must be at least 15 years old at the time of the alleged offense. In addition, there must be probable cause to believe the juvenile committed a crime that would be considered a severe offense if an adult had committed it. These offenses include first-degree robbery, carjacking, aggravated sexual assault, criminal homicide, kidnapping, and other serious crimes.
Nevertheless, even if the prosecutor satisfies these conditions, the court can still deny the transfer to adult court if it finds that the prosecutor has abused their discretion. The court will consider various factors when deciding whether to transfer a juvenile case to adult court, such as”
- The juvenile’s age and maturity
- The nature of the criminal offense
- Whether the crime was against a person or property
- Any special education needs
- The juvenile’s prior criminal history
- Any evidence of mental health issues or substance use disorders
- Input of the victim or their family (if applicable)
As you can see, there are several factors considered before a judge can decide to transfer a juvenile case to adult court. If a judge waives jurisdiction, the case will be transferred to criminal court, meaning the juvenile can face the same legal penalties as an adult if convicted.
If your child’s future is at stake, please don’t hesitate to contact a determined attorney from The Law Office of Carl Spector, who can advocate for their rights and fight for the best possible outcome. Connect with our firm today to discuss your child’s situation and what we can do for you during this difficult time.
