When you think about how immature you were when you were 15, it is probably either funny or embarrassing. Think about what your plans for the future were when you were 15, if you had any, compared to what you are doing now. Even if you knew back then that you wanted to pursue your current occupation, or that your young self knew that you wanted to become a parent, and you now have children, you have probably changed your mind about a lot of things. You have probably also learned from a lot of mistakes.
The courts of New Jersey interpret the Constitutional right to freedom from cruel and unusual punishment to mean that it is not fair to incarcerate minors, except in the case of the most severe offenses and only if the minors are in their mid to late teens and old enough to understand the consequences of their actions. Although juvenile courts do not operate in the same way as criminal courts for adult defendants, minors have the right to representation by an attorney when they are accused of breaking the law. If your teen is being accused of drug possession, theft, or another offense, contact a New Jersey juvenile defense lawyer.
Differences in Juvenile vs Adult Legal Procedures and Terminology
Adults who are accused of crimes have the right to a jury trial. To secure a conviction, the jurors must believe beyond a reasonable doubt that the defendant is guilty; the judge is not the one who decides. In juvenile court, you do not have a trial with a jury; instead, you have an adjudication hearing with a judge. You cannot receive any penalties unless the judge is convinced beyond a reasonable doubt that the accusations are true. In juvenile court, as in adult criminal court, you have the right to representation by a lawyer.
When a minor is accused of breaking the law, it is called being charged with a delinquent act instead of being charged with a crime. When a juvenile is found guilty, it is not called a conviction; instead, it is called being adjudicated delinquent. The consequences that the judge orders for an adult defendant after a conviction are called the sentence, but for a minor who is adjudicated delinquent, the consequences are called a disposition.
Differences in Consequences
As in adult criminal court, the disposition that the juvenile court judge chooses for a minor who is adjudicated delinquent depends on the nature of the delinquent act. For example, if the minor had a driver’s license and was adjudicated delinquent for driving under the influence of alcohol, the disposition would likely include driver’s license suspension, but it would not make sense to suspend the driver’s license of a 14-year-old who was adjudicated delinquent for vandalism or cannabis possession because they are too young to have a driver’s license, anyway. These are some possible components of the disposition of teens adjudicated delinquent in juvenile court in New Jersey:
- Community service
- Probation
- Mandatory participation in substance abuse treatment or anger management counseling
- Monetary fines
- Mandatory parental supervision in situations where most teens of similar age are allowed not to have parental supervision
- Transfer of custody (for example, ordering a teen adjudicated delinquent for an incident that took place while he was living with his mother to live with his grandmother, instead)
- Detention in a juvenile detention facility
The disposition for any delinquent act is, by nature, less punitive than the sentence would be for the same offense if an adult received a conviction for it. For example, a 16-year-old adjudicated delinquent for theft in the juvenile court system gets a lesser punishment than an 18-year-old convicted of misdemeanor theft in criminal court.
When Can a Minor be Charged as an Adult in New Jersey?
There is no minimum age for minors to be charged with delinquent acts, but most cases in juvenile court involve teens in middle school or high school. In New Jersey, if you are 17 or younger, juvenile court is the default option. For the most serious offenses, though, teens as young as 15 can be charged as adults in criminal court. This only occurs in cases of very serious offenses, such as manslaughter, sexual assault, or drug trafficking.
Contact a New Jersey Juvenile Delinquency Defense Lawyer
A juvenile delinquency defense lawyer can help you if your child is accused of an illegal act such as theft, vandalism, or drug possession. Contact the Law Offices of Jonathan F. Marshall to discuss your case.
