FAQ
Can the Police Arrest a Juvenile in New Jersey?
Yes, however it is not called an “arrest.” Police in New Jersey are authorized to take a juvenile “into custody.” They may do so if they have probable cause that your child committed a criminal offense. If the police take your child into custody, they should notify you right away. Your child should not be questioned without you present.
Should I Hire a Lawyer if my Child has Been Accused of a Crime?
You should at least consult with an attorney at the earliest possible juncture. This can ensure that your child’s rights are protected. We can answer your questions and begin working on the case. This can greatly impact the case. If you child is scheduled to appear in a New Jersey juvenile court, they must be represented by an attorney. There is no reason to put this off.
The Police Called and Said They Need to Speak with My Child. Do We Have to Talk to Them?
You should speak with an experienced criminal defense attorney before allowing your child to talk to the police. Juveniles are obviously young and inexperienced in life and the law. In many cases, juveniles and their parents give statements to police which turn out to be incriminating. This can make a bad situation even worse.
What Rights does A Juvenile Have?
Juveniles have the same right to remain silent as adults do. Anything a juvenile says can be used against them in court. That’s why it is so important to speak with a defense lawyer before letting your child speak with the police. A juvenile has the right a trial, but not a jury trial in New Jersey. A juvenile not only has the right to an attorney, they must have an attorney to represent them in court. Juvenile’s also have the same right to a speedy trial as an adult. Juveniles may confront the witnesses against them and will be provided with any incriminating or exculpatory evidence the police have. However, there are some rights a juvenile does not have. These include a trial by jury, probable cause hearing, and presentment of their case to grand jury.
Can a Juvenile be Tried as an Adult?
Yes. Under certain circumstances a juvenile can be “waived” to adult criminal court. New Jersey law actually gives the prosecutor’s office an incredible amount of discretion in deciding whether to waive a juvenile or not. In practice however, prosecutor’s in New Jersey waive very few juveniles to adult court. This usually only occurs in very serious cases such as murder, vehicular homicide and gun charges.
What can Happen to a Juvenile if He or She is Convicted of a Crime?
Technically speaking, juveniles can never be convicted of a crime. Instead, New Jersey law refers to this as being “adjudicated delinquent.” Depending on the severity of the charge, a juvenile adjudicated delinquent in New Jersey can be placed on probation, made to perform community service, and be incarcerated at a Youth Detention Facility or Training School.
Where are Juvenile Cases Heard in New Jersey?
Simple traffic cases are heard in the local municipal court. However, if there are criminal charges filed against the juvenile, the case will be sent to the Superior Court. Every county in New Jersey has its own Superior Court. New Jersey Juvenile Delinquency cases are heard in the Family Part of the Superior Court. The judges in Superior Court are appointed by the Governor. Prosecutors in Superior Court are employed by the County Prosecutor’s Office. Your child’s case will almost always be handled in the County in which you live, not where the crime occurred.
