A youth – someone under the age of 18 in New Jersey – who commits a misdemeanor or felony is typically charged as a juvenile defendant. His or her criminal case is then held in the juvenile justice system, in the family court division. There are exceptions, of course. A youth may be charged as a juvenile initially. but through an application by the prosecutor, be waived to the criminal division and charged as an adult due to the seriousness of the crime or a juvenile's criminal background. If that happens, the penalties are more severe.
At Mongiardo Law Group, our juvenile defense attorneys in Passaic County understand that juveniles need a particularly strong defense. Their entire futures are at risk, especially in terms of employment and education. If you are a parent, contact us at (973) 298-4557 or online to schedule a free consultation to make sure your child's rights are protected.– keeping your child's record clean and making sure their futures are not at risk is imperative.
Common Juvenile Crimes
Generally, juveniles can be charged with the same offenses as adults. Common offenses committed by juveniles include the following:
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Shoplifting or petty theft
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Vandalism
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Violent crimes, such as assault
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Possession of drugs or alcohol
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Sexual offenses
The main difference between the two systems is the sentencing options available to the court. The juvenile justice system emphasizes rehabilitation. It offers alternative sentencing options, such as counseling or education programs, and sends defendants to a juvenile detention center, rather than a jail or prison.
Juveniles Tried as Adults in New Jersey
When a juvenile defendant commits a crime, they are then tried as a juvenile. In certain circumstances, however, their case can be transferred to the adult system.
Relevant factors may include the following:
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The type and extent of the offense
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The seriousness of the allegations
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Any aggravating circumstances (e.g., the use of a weapon)
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Whether the defendant understood the criminality of their conduct
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Whether the defendant is a repeat offender
Once a juvenile defendant has been tried as an adult, any future charges will also be dealt with in the adult system.
When a juvenile case is dealt with in the adult system, the defendant is exposed to harsher penalties usually reserved for adults.
Collateral Consequences of a Conviction for a Juvenile Offense in New Jersey
In addition to the penalty imposed by a court, there can also be collateral consequences for defendants convicted of juvenile offenses.
A criminal conviction can disrupt a defendant's schooling, especially if they serve time in juvenile detention. A conviction can also affect their access to education more generally. Some schools may not accept students with a criminal record, and many colleges ask applicants to disclose any juvenile convictions.
While many people believe juvenile criminal records “disappear” once someone becomes an adult, this is not the case. For example, potential employers or landlords may ask for disclosure of prior criminal acts. The armed forces also require applicants to disclose any juvenile convictions.
Law enforcement and courts may also access juvenile records when dealing with an adult offender, which can increase both the category of offense they are charged with and the severity of their sentence.
Your Rights for Juvenile Arrests in New Jersey
Both minors and their parents or legal guardians have rights when a minor is arrested in New Jersey or is asked questions as a witness in a criminal matter. Parents and legal guardians also have rights. When a right is violated, this violation can be used as part of your defense strategy. This is in part why it is critical to speak to a New Jersey juvenile defense lawyer in Passaic County as soon as possible.
Your Child Has Rights
The U.S. Constitution, as well as most state constitutions, provide certain rights for each person, whether a juvenile or an adult. These rights include, but are not limited to, the following:
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The right to be free from any unreasonable search and seizure
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The right against self-incrimination
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The right to refuse police questioning
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The right to an attorney during police questioning
Parents Have Rights
As a parent or legal guardian, you have rights in cases where your child has been arrested or detained by the police. Three such rights include the following:
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The right to be present with your child during questioning
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The right to know the reason your child was arrested or detained
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The right to have or retain an attorney for your child
As a parent or guardian, it is always in your child's best interest to remain calm. You can request to see your child at any time while the child is in police custody.
Contact Mongiardo Law Group Today
We know that as a parent – and for that matter as a minor – you will have many questions and even more worries and fears during a criminal case. At Mongiardo Law Group, our juvenile defense lawyers will sit down with you to explain everything you need to know and keep you informed during the process.
If your child is facing criminal charges as a juvenile, get expert legal counsel to ensure they are treated fairly through the criminal system. Any mistakes could have long-lasting impacts on your child's life. Contact us at (973) 298-4557 or online to schedule a free consultation with our juvenile defense attorneys at Mongiardo Law Group today.
