Most parents are shocked to learn that their child has been charged with juvenile crimes. Fortunately, in New Jersey, the state would rather help a child on the wrong side of the law than punish him or her.
Juvenile cases in New Jersey involve alleged offenders under 18 years old. Cases involving juveniles are typically heard in family court. Any juvenile who appears before a family court judge in New Jersey to answer for an offense must be represented by a defense lawyer. A juvenile’s parent or guardian has no discretion about proceeding without an attorney.
If you need to hire a defense lawyer to represent your child, the juvenile defense attorneys of Marshall Criminal Defense have extensive experience handling juvenile delinquency cases. Our attorneys possess a deep knowledge of the New Jersey juvenile justice system. We will protect the rights of your child.
Different Types of Juvenile Offenses
Sociologist Howard Becker has categorized the types of offenses involving juveniles based on the underlying social context in which they occur, such as:
- Individual acts involve a child acting on their own
- Group-supported offenses involve multiple children committing delinquent acts in their neighborhood
- Organized offenses such as members of gang members encouraging each other to commit offenses for rewards
- Situational offenses involving acts committed impulsively with little forethought
The social context that is the basis of juvenile charges is important to investigate and develop a strong defense. In whatever social context your child was charged with a juvenile offense in New Jersey, the juvenile defense attorneys in our law office are ready to use their knowledge of New Jersey law to protect your child’s rights.
Delinquent Offenses Under New Jersey Law
Delinquent offenses are criminal acts committed by juveniles that would be considered crimes if committed by adults. Delinquent offenses include crimes against persons, such as assault and robbery, drug offenses, crimes against property, such as shoplifting, and crimes against public order, such as public intoxication.
New Jersey’s Juvenile Code provides a juvenile judge a wide array of dispositions in juvenile court, such as one or a combination of:
- Deferred disposition (probation). If the juvenile complies with the judge’s orders — stays out of legal trouble, stays in school, and meets with the probation officer — for a designated period of time, the judge may then dismiss the charges, and the case is removed from the child’s juvenile record.
- Release to parent/guardian supervision
- Removal from the home and placement with a relative or other guardian
- Placing the juvenile in the custody of the Department of Children and Families
- Participation in work programs or community service
- Alcohol and/or drug use assessment and successful participation in a rehabilitation program
- Participation in programs designed to enhance self-reliance and confidence.
The N.J. juvenile justice system also has the authority to impose most of the same penalties as adult criminal court, depending on the juvenile’s age. A judge who finds juvenile offenders guilty of a significant crime such as drug distribution may impose the penalty for the grade of offense committed. Certain statutory offenses carry specific punishments required by law.
Status Offenses in New Jersey
A status offense is a conduct that, if committed by an adult, would not constitute a crime in the jurisdiction where the conduct occurred. In New Jersey, status offense cases are considered a juvenile-family crisis, and the court tries to provide services instead of punishment.
Juvenile status offenses include running away from home, truancy, drinking, smoking, repeated disregard for lawful parental authority, and serious conflicts between the juvenile and parents or guardians.
A juvenile may be detained as a status offender for protective reasons if their health or safety is in danger, such as in cases of juvenile prostitution or human trafficking.
In New Jersey’s juvenile justice system, Family Crisis Intervention Units provide short-term crisis intervention services with the goal of stabilizing the situation and referring the juvenile and family to available community agencies.
After a delinquency complaint has been signed and filed with the court, Juvenile Conference Committees (JCCs) and Intake Service Conferences (ISCs) will review certain types of first and second offenses of a minor nature to determine whether diversion is appropriate and make recommendations to the court. Options include a variety of educational programs, day programs, specialized mental health services, residential facilities, secure care facilities, and transitional and re-entry services for children and youth involved in the juvenile justice system.
Dependency Cases in New Jersey
Child dependency cases are cases in which the court has removed a child from the family home because of abuse, neglect, abandonment, criminal activity, or drug use. If an investigation by the Department of Children and Families or Child Protection determines that a home is unsafe, a New Jersey court may take the child from the home and declare them a dependent of the state.
A NJ child dependency court can issue orders to:
- Remove children from the home
- Place children in foster care or with relatives
- Terminate parental rights
- Restore parental rights
- Create new parental rights.
Removing a child from the home requires a series of hearings at which parents have the opportunity to respond to the abuse allegations and argue against removal. If removal is ordered, the judge will typically implement a reunification plan. The plan will explain the steps necessary to resume child custody and will require periodic reviews of the parents’ compliance. The court will establish visitation rights during the process. Ultimately, the court will hold a hearing to determine permanent custody of the child.
Call Our New Jersey Juvenile Defense Attorneys
If your child or teenager has been charged with a juvenile offense or a status offense in New Jersey, there are opportunities to keep your child from being adjudicated delinquent and get your child and/or family needed assistance if you act promptly.
Reach out to Marshall Criminal Defense today for a free initial consultation. Our experienced and compassionate New Jersey juvenile defense attorneys will work diligently to resolve the charges against your child in the best available way for him or her and for your family. Call now!
