Juvenile Defense Lawyer in New Jersey

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No parent can be blamed for feeling overwhelmed if they receive a call from the police telling them their child has been arrested for a juvenile criminal offense. However, it is extremely important to act promptly to protect your child’s rights — and potentially their freedom and future.

The best way to protect an underage child who has been charged with a juvenile crime is to immediately engage a highly accomplished New Jersey juvenile criminal defense attorney. The attorneys of the Marshall Criminal Defense have extensive experience handling just about every variety of juvenile charge and possess a deep knowledge of New Jersey juvenile justice law.

Our firm’s attorneys are former New Jersey prosecutors and public defenders who have spent decades dealing with juvenile cases in municipal and county courts across the state. We know exactly what must be done to protect your child, and can guide you through this difficult time. Our representations are far more than the type of puffery you will read elsewhere on the internet since our qualifications are truly unparalleled, including:

  • 15 lawyers that limit their practices to criminal defense and make up one of the state’s largest teams in this area of law
  • Over 200 years of collective experience in juvenile court representing children accused of juvenile delinquency
  • Former County Prosecutors who have served as Director of Juvenile Units, Major Crimes, Domestic Violence and even an entire Trial Division
  • Certified Criminal Trial Attorneys
  • A long history of favorable outcomes on behalf of children faced with a juvenile charge at the New Jersey Superior Court, Family Division (Juvenile Part) in Hudson County, Monmouth County, Middlesex County, Union County, Ocean County, Bergen County, Essex County, Burlington County, Mercer County, Camden County and everywhere else in the state.

New Jersey Juvenile Lawyer

Families from across the State of New Jersey are thankful that they turned to our law office for help defending their sons and daughters against juvenile crime. We can move immediately — day, night, weekends or holidays — to secure your child’s release if he or she is being held, and then sit down to talk to you about your child and how New Jersey handles charges against juveniles.

Regardless of the allegations against your child, you can count on a compassionate and attentive response from our team, as well as:

  • One of the largest and most experienced legal defense teams in New Jersey. We will put the level of time, energy, planning and resources necessary to defend your child and pursue the best possible outcome for him or her.
  • Experience with juvenile cases in courtrooms across the state. We have nine offices in New Jersey and professional relationships locally that make us better able to negotiate reduced or dismissed charges, lighter sentences, such as probation, and other agreements to the benefit of your child.

Please do not hesitate to contact the law office of Marshall Criminal Defense if your child faces juvenile charges anywhere in New Jersey. We have offices located throughout the state including Freehold, Jersey City, Newark, Camden, New Brunswick, Toms River, Elizabeth, Mount Holly, Woodbury, Mays Landing, and Trenton, and initial consultations with our attorneys are always free of charge. Get immediate help from a top New Jersey juvenile lawyer and answers to your questions now.

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Our Juvenile Justice Lawyers Handle the Full Range of Juvenile Offenses

Juvenile Defense Lawyer in New Jersey

If your child or teenager has been charged with a juvenile offense, it is critically important to seek the help of an attorney who has extensive knowledge of New Jersey juvenile law. Do not allow your child to answer any questions or be interviewed by police or investigators until an attorney is present.

The Law Offices of Jonathan F. Marshall represents juveniles accused of all types of crimes, including:

All juveniles facing charges first go to Family Court, where they must be represented by a lawyer. There is no leeway for a parent or guardian to allow proceedings to move forward without a defense attorney.

Therefore, it is extremely important for an experienced defense lawyer to be engaged as soon as possible to represent your child. Our firm can work quickly to put appropriate information before the court and address any concerns of the Family Court and presiding judge to help ensure that your child is not unduly detained.

Public defenders are appointed for children when their parents and/or guardians are unable to hire an attorney to represent their child because of demonstrable indigency. However, an initial consultation with an experienced juvenile defense attorney from the Law Offices of Jonathan Marshall is always free. Please take advantage of this opportunity if your child faces serious criminal charges. We want to help.

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What Happens in a New Jersey Juvenile Offense Case?

Juvenile Criminal Defense

When we hear from parents whose children have been arrested, it is often their family’s first brush with the law. We understand. No one would expect a parent to know precisely what to do if their child is arrested.

First, you need to know that the State of New Jersey would rather help your child than punish him or her. And we also want to make sure every decision made in the days ahead is to the benefit of your child and your family.

Juvenile cases in New Jersey involve alleged offenders under 18 years old, and begin in Family Court. In cases involving serious crimes, such as armed robbery, the prosecutor may ask the court to move the case to adult criminal court.

At the Law Offices of Jonathan Marshall, we want to make sure that every decision made in the days ahead is to the benefit of your child and your family.

The philosophy of the New Jersey Family Court regarding juveniles is focused on rehabilitation, including:

  • Preservation of the family insofar as possible for the care, development and protection of juveniles coming within the Court’s jurisdiction
  • Removing children committing delinquent criminal behavior and placing them in a program of supervision, care and rehabilitation
  • Securing care, guidance and control, preferably in their own home, of children coming within the jurisdiction of the court
  • Fostering the protection of the community, accountability for criminal conduct, and development of children as productive and responsible citizens
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Will My Child Be Detained?

After some arrests, the Court will detain a child in a juvenile detention facility until he or she can be fully evaluated. A judge must decide whether the youth poses a risk to the community or is equipped to return home, to school and the community.

Each N.J. county has a juvenile detention facility for children who have been arrested and are to be detained. The facilities are known as Juvenile Detention Centers or Youth Detention Centers.

New Jersey does not detain juveniles in jails or prisons where adults are housed.

New Jersey law mandates that the Court can detain juveniles only if they are considered a danger to the community or if they are deemed a risk not to appear in court.

When considering whether to detain a child, the Court will consider:

  • The seriousness of the alleged crime
  • The child’s prior criminal history
  • Any medical or psychological issues the child has
  • Information provided by police, third parties, and parents regarding the child’s problems
  • Any other information relevant to the child’s safety to himself or others.

In addition, some juveniles are detained post-disposition (post-sentencing) while awaiting program placement. Several counties have also developed a short-term commitment program, which serves as a sentencing option.

If a child is referred to detention upon arrest, a hearing is to be held within 24 hours. If a juvenile is remanded to detention at that hearing, the initial probable cause hearing and a second detention hearing are to be held within two court days. If probable cause is not found, the juvenile is released from detention pending an appearance before a judge.

A judge will reconsider the status of a detained juvenile at intervals of 14 and 21 court days.

Under New Jersey law, the Court may modify a juvenile’s sentence at any time, including in response to motions and applications for post-disposition relief made by the child’s attorney on his or her behalf.

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Will my Child Have to go to Court?

Juvenile offenses are heard in the Family Division of the New Jersey Superior Court, or Family Court. The Juvenile Part of the Family Division is conducted in accordance with a set of rules designed entirely for adjudication of juvenile cases. The focus of the system is to help, assist and rehabilitate a child rather than punish him.

The Family Court is required to hold timely hearings for juveniles charged as delinquents. If a police officer refers your child to be held in detention, a hearing is to be held within 24 hours. If a juvenile is remanded to detention, an initial probable cause hearing and second detention hearing are to be held within two court days. If probable cause is not found, the juvenile is released from detention.

Adjudicator hearings are heard in a closed court, with only people involved in the case including parents or guardians allowed to attend. All records associated with juvenile proceedings are confidential, including all social, medical, psychological, legal, probation, and law enforcement records.

The juvenile justice system has the ability to impose most of the same penalties as the “adult” criminal court, and certain statutory offenses carry specific punishments required by law. However, New Jersey’s Juvenile Code provides judges a wide array of dispositions in juvenile cases, and the disposition most commonly handed down is probation supervision.

A juvenile placed on probation is likely to be ordered to perform community service or pay financial restitution to the crime victim. Conditions of probation may also include undergoing counseling or entering a residential program.

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Can my Child be Charged as an Adult?

A New Jersey prosecutor may seek a waiver to have a child age 15-17 tried in adult court if the child is facing a serious offense. Juveniles age 14 or older also may elect to have their cases waived to adult court. Children who are 14 years old or younger cannot be charged as an adult, regardless of the offense.

Once a waiver is approved, the juvenile is treated in the same manner as an adult. The juvenile can be held in an adult jail and, if found guilty, is subject to the same penalties as an adult. For those sentenced to a prison term, the sentence is likely served in an adult prison but in some instances may be in a juvenile facility.

Charges that may be transferred to adult court proceedings involve:

  • Criminal homicide, other than death by automobile
  • Strict liability for drug-induced death
  • First degree robbery
  • Carjacking
  • Aggravated sexual assault
  • Sexual assault
  • Second degree aggravated assault
  • Kidnapping
  • Aggravated arson
  • Possession of a firearm with a purpose to use it unlawfully against another person
  • Possession of a firearm while committing, attempting to commit or fleeing from aggravated assault, aggravated criminal sexual contact, burglary or certain drug offenses
  • Leading a narcotics trafficking network
  • Maintaining and operating an illicit drug production facility
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What Diversionary Programs are Available to Juveniles?

There are multiple opportunities for criminal charges against a juvenile to be “diverted” and not result in punishment handed down by a judge. In lieu of signing a delinquency complaint, the arresting police officer may release the juvenile to a responsible parent or guardian (with or without a reprimand and warning) or conduct a “station house adjustment.”

A station house adjustment is a formal warning available in minor crimes if the victim consents. The juvenile has to agree not to reoffend and the parent or guardian will be advised that if the juvenile commits a subsequent offense or does not comply with the terms of the agreement, a juvenile delinquency complaint may be filed against the juvenile. The juvenile and parent or guardian must sign a station house adjustment form.

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.

These committees’ recommendations to a Family Court judge can persuade the judge to hand down a disposition of probation, which may include a variety of restrictions as well as requirements to participate in rehabilitative programs. New Jersey’s Juvenile Justice Commission offers a myriad 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.

For juvenile charges that do not go through the JCC or ISC process, an experienced attorney representing a child or youth with a previously clean record may convince the judge that a disposition of probation that potentially includes entry into a suitable program is in their young client’s best interests.

A juvenile age 15-17 being tried in adult court for a first-time nonviolent offense may be allowed to enter Pretrial Intervention (PTI) or Drug Court, close-supervision probation programs intended for defendants who are ready to deal with substance abuse problems. If the young person completes all conditions of the intervention program, the charges will be dismissed.

PTI requires court supervision for 1 to 3 years and potentially includes psychological and/or drug and alcohol evaluations and completing rehabilitation, as well as random drug tests.

Drug Court requires frequent drug testing and completing a rehabilitation program, which is expected to include maintaining recovery through a continuing 12-step program. Participants must regularly appear before a judge to affirm continued good standing in the program.

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Consequences of an Underage DUI in New Jersey

A person younger than 21 years old, the legal drinking age, can be found guilty of driving while intoxicated or impaired (DWI) in New Jersey with any detectible amount of alcohol in their blood while behind the wheel or otherwise in control of a car. An underage driver whose BAC is .08% or more will be charged as an adult, which means facing much harsher penalties.

If convicted, the underage drinker’s driver’s license will be suspended for 30 to 90 days, at the judge’s discretion. If a teenager who does not have a license is convicted, he or she will be unable to get one for at least 30 and up to 90 days.

A person convicted of underage DWI in New Jersey must also:

  • Perform 15 to 30 days of community service
  • Complete 12 hours of classes and a substance use disorder assessment at an Intoxicated Driver Resource Center, plus pay associated fees.
  • Successfully complete alcoholism treatment (“rehab”) if recommended by the IDRC assessment.

If an underage drinker refuses a breath test after being arrested for underage DWI, he or she may face penalties of:

  • $300 to $500 fine; $600 to $1,000 if arrested in a school zone
  • 7 to 12 months’ driver’s license suspension; 1 to 2 years if arrested in a school zone
  • 12 hours of classes and a substance use disorder assessment at an Intoxicated Driver Resource Center and associated fees
  • Successful completion of alcoholism treatment if recommended by the IDRC assessment
  • 6 months to 1 year with an ignition interlock device on their vehicle – after license restoration
  • Fines and fees as for a first-offense DWI.
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We Will Fight for Your Child’s Best Interests

If your child or teenager has been charged with a juvenile offense, it is critically important to work with a criminal defense attorney who has extensive knowledge of New Jersey juvenile law.

Your child has rights, which must be protected, including the right to remain silent and not incriminate himself or herself. Your child should not answer any questions from police or other investigators until an attorney is present.

Attorneys from the Law Offices of Jonathan F. Marshall represent juveniles accused of all types of crimes in New Jersey, including but not limited to:

If your child’s rights are to be fully protected as allowed by law, you must engage a juvenile defense attorney experienced in New Jersey Family Court. Schedule a free consultation with the Law Offices of Jonathan F. Marshall at any of our nine New Jersey locations today for a prompt response to your child’s needs.

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How We Can Protect Your Child Charged with a N.J. Juvenile Offense

As your child’s New Jersey juvenile attorneys, our first task will be to, in consultation with you, help secure your child’s release or ensure he or she is properly detained if that is in their and your family’s best interests.

Then we will begin investigating the charges against your child, including determining whether there was police or prosecutorial misconduct, or there are flaws in the prosecution’s case.

This may include such issues as:

  • Illegal arrest, including failure to advise of Miranda rights against self-incrimination
  • Illegal search and seizure, including illegally stopping a motor vehicle
  • Mistaken identity
  • Faulty suspect lineup

  • Racial, ethnic, socio-economic, gender, sexual orientation, age or other bias
  • Lack of credible witnesses
  • Faulty or fabricated testimony
  • Faulty forensic testing (particularly regarding DNA evidence or breath alcohol content testing)

Because of our attorneys’ experience across the state, we have the local professional relationships needed to immediately make contact and begin negotiations to have charges against your child dismissed or reduced as part of a plea bargain.

It is not unusual after an investigation to find reasons to have juvenile offense charges reduced or dropped. For example, in alcohol- and drug-related cases associated with teenage parties or other large gatherings, the facts of the case are often unclear. In cases involving theft, simple assault and other interpersonal disputes, we may be able to reach out to the alleged victims (and often their parents) to make amends and restitution, which clears the way for dropping charges.

If we cannot have disorderly conduct charges against your child dismissed, we will advocate for your child in Family Court to seek the best resolution to the case available. If a guilty verdict is unavoidable, you child may be eligible for probation.

New Jersey’s Juvenile Supervision program offers underage offenders the opportunity to remain in their own community under the supervision of a probation officer who monitors their compliance with the rules and conditions imposed by the Family Court judge. These rules and conditions may include paying restitution and fines, achieving educational goals and, if applicable, completing alcohol or drug abuse treatment.

An experienced and compassionate New Jersey juvenile lawyer from our firm will work diligently to resolve the juvenile offense charges against your child in the best available way for him or her, and for your family. Contact the Marshall Criminal Defense today to discuss how we can help you.

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Sealing a Juvenile Record in New Jersey

A New Jersey juvenile record includes the court and police paperwork related to the juvenile’s arrest, complaint and disposition of the case. When a juvenile record is sealed, it means that the court and police paperwork related to the case are closed. No one will be allowed to look at them without a special court order.

In most cases, only police, prosecutors, probation officers, judges, and court employees can access a juvenile’s record. However, a juvenile’s record may be available to the public if they were adjudicated for a crime of the first, second, or third degree; aggravated assault; or destruction or damage to property worth more than $500.

A juvenile offender may petition the Court to have their record sealed if:

  • Two years have passed since the last court order in the case (there was no supervision/probation or state custody) or two years have passed since they were released from supervision/probation or state custody.
  • The petitioner has not been convicted of a crime or disorderly persons offense or adjudicated delinquent in the two years prior to filing the request.

After a juvenile record is sealed, it can be unsealed if the individual is later adjudicated of a juvenile offense or convicted of a crime.

Once a juvenile’s record is sealed, the individual can act as if the offense never happened. There will be no obligation to acknowledge the contents of the juvenile record in interviews or applications for a job, college, technical school, trade program or when applying for housing.

The petition for having a criminal record sealed requires many documents pertaining to the case, its adjudication and requirements of the disposition. Our offices can help you gather this material and ensure that you submit a complete and accurate petition for sealing your juvenile records.

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Meet with a New Jersey Juvenile Justice Lawyer Today

Of you minor-age child has been charged with a crime in New Jersey, contact the Law Offices of Jonathan F. Marshall to speak to an experienced juvenile crimes defense attorney as soon as possible. There are opportunities our dedicated attorneys can pursue to keep a criminal a conviction off of your child’s your record.

Our NJ juvenile criminal defense firm has twelve offices across the state and initial legal consultations are always free. Please call now.

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Frequently Asked Questions

Juvenile Cases

Q: Can we simply plead guilty and avoid the necessity of hiring an attorney?

A: No. The very first court notice in Juvenile Court is a mandatory assignment of counsel hearing notice. This notice is a directive to the child and his or her family that they must hire an attorney to appear at the hearing or apply for a public defender to handle the case. No proceedings shall be undertaken by the court unless and until representation is obtained for the child. You will therefore need to hire a NJ juvenile criminal lawyer for your son or daughter absent your qualifying as indigent.

Q: Does every child need to be represented by an attorney in Juvenile Court?

A: Absolutely. The law in New Jersey mandates that every juvenile defendant be represented by an attorney. Families who are indigent (i.e. that cannot afford an attorney) can have a public defender appointed to represent their child. Where indigency cannot be established, a parent or guardian must retain a New Jersey juvenile lawyer for their child.

Q: Are parents liable for the criminal acts of their child?

A: As a general rule, parents are not responsible for the criminal acts of their child. Parents are also generally excluded from personal liability for damages and restitution associated with criminal acts by their child.

Q: What does the term “diversion” mean?

A: Criminal offenses are often diverted in two ways. First, a criminal charge against a child can be diverted to an outside body known as Juvenile Conference Committee, a judicially appointed body which hears juvenile cases informally. “Diversion” is also used to describe a type of adjudication wherein the Court carries or defers disposition on a case so as to give a child an opportunity to avoid conviction. If the child does not get in trouble for the diversion period, the case is closed without a finding of guilt.

Q: If a child is detained, do they actually go to jail?

A: The juvenile system is built on the goal of serving the interests of the child. It obviously would not be in the best interests of a child to detain them in a jail or prison where adults are housed. Accordingly, individual juvenile detention facilities have been set up in each County for children who have been arrested and are to be detained. The facilities are known as Juvenile Detention Centers or Youth Detention Centers.

Q: If a juvenile pleads guilty or is found guilty, will they have a record?

A: Juvenile admissions of guilt or findings of guilt are confidential and not subject to discovery. Additionally, all proceedings in the Juvenile part are closed to the public and conducted in private. The shadow of a criminal record clearly isn’t as profound as it would be in adult court although there are limited circumstances where it can pose an obstacle (e.g. obtaining a position in law enforcement). It is therefore always best that you hire a knowledgeable juvenile criminal defense lawyer in New Jersey if your child is facing criminal charges.

Q: What cases are heard in Juvenile Court?

A: In NJ, criminal offenses in which the suspect is under the age of 18 are heard in the Juvenile Part. The determinative date for purposes of determining jurisdiction of the Juvenile Court is the date of the incident and the suspect’s age at that time. In other words, offenses committed by suspects under the age of 18 on the date of the offense are heard in the Juvenile court. Children over the age of 18 can therefore be found in New Jersey’s Juvenile Court where they are involved in a case which arose prior to their 18th birthday but it did not actually get to Court until they reached 18 years of age.

Q: Where are Juvenile cases heard and how are they conducted?

A: In New Jersey, juvenile offenses and charges are heard in the Family Division, Juvenile Part, of the New Jersey Superior Court. The Superior Court is divided into vicinages based on County and a juvenile case is typically heard in the County Superior Court where the alleged offense occurred. The Juvenile Part of the Family Division is conducted in accordance with a set of rules designed entirely for adjudication of juvenile cases. The focus of the system is to help, assist and rehabilitate a child rather than punish him/her. It is always best to hire an attorney that is highly experienced in defending NJ juvenile cases like the team at Marshall Criminal Defense.

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