How does the Juvenile Criminal Justice System Work in New Jersey?

Bergen County NJ Juvenile Criminal Defense Attorneys

The Juvenile Criminal Justice System in New Jersey is centered around rehabilitating the juveniles. This is in stark contrast to the Adult Criminal Justice System which is centered around punishing the individual. If your child has been arrested or issued a summons for offenses like possession of marijuana, criminal mischief, assault, distributing drugs or any other criminal offense for that matter, their case will be heard in the family division. The degree of the crime(s) charged, the underline facts of the case(s) and the juveniles criminal history will dictate who hears the case. If the case is minor in nature and the juvenile has no prior criminal history, the prosecutor’s office may decide to send the case to what is known as a referee. However, if the underline nature of the offense is serious and/or the juvenile has an extensive criminal history, then the prosecutor’s office may elect to have this matter heard in front of a Superior Court Judge. In extremely rare cases, the prosecutor’s office may be convinced to forgo jurisdiction over the case and send it back to the local police department for what is referred to as a station house adjustment or juvenile conference committee. Depending on where your case is heard will most likely indicate not only the seriousness of the offense charged but also the likely outcome. In addition, if the nature of the crime or the underline facts of the case are so egregious, the prosecutor’s office may seek to file what is known as a waiver. If the waiver is granted by the Judge, the juvenile will then be prosecuted under the Adult Criminal Justice System instead of the Juvenile Justice System. There are certain parameters that allow for a prosecutor to file such a motion.

If the juvenile is charged with a crime like murder, drug distribution, robbery, burglary, aggravated assault or arson, the Judge may elect to detain (incarcerate) the juvenile. The potential length of detention (incarceration) will depend directly on the degree of the offense charged. The period of detention imposed by the Judge cannot exceed the maximum length set forth in N.J.S.A.  2A:4A-44(d)(1); they are as follows:

            • Murder……………………………………………………………….20 years
            • Felony Murder……………………………………………………..10 years
            • Crime of the first degree, except murder……………………….4 years
            • Crime of the second degree………………………………………3 years
            • Crime of the third degree…………………………………………..2 years
            • Crime of the fourth degree………………………………………….1 year
            • Disorderly persons offense……………………………………..6 months

With that being said, before the sentencing Judge can impose a period of incarceration they must balance the following aggravating and mitigating. The factors can be found under N.J.S.A. 2A:4A-44 and they are as follows:

Aggravating circumstances

            1. The act was committed in an especially heinous, cruel, or depraved manner
            2. Harm inflicted on vulnerable victim
            3. The juvenile is likely to commit another delinquent or criminal act
            4. The juvenile’s prior record
            5. The juvenile paid or was to be paid for the commission of the act
            6. Committed the act against a law enforcement officer or public servant
            7. The need for future juvenile determent
            8. The juvenile was an organizer, supervisor, or manager of an ongoing criminal business conspiracy with two or more persons.
            9. The impact of the offense on the victim(s)
            10. The impact of the offense on the community
            11. The threat to public safety

Mitigating Circumstances

            1. The child is under the age of 14
            2. The juvenile’s conduct neither caused nor threatened serious harm
            3. The juvenile did not contemplate conduct would cause serious harm
            4. The juvenile acted under a strong provocation
            5. Substantial grounds tending to excuse or justify the juvenile’s conduct
            6. The victim of the juvenile’s conduct induced or facilitated its commission
            7. The juvenile will compensate the victim for the damage or injury or will participate in a program of community service
            8. The juvenile has no prior history
            9. The juvenile’s conduct was the result of circumstances unlikely to recur
            10. The juvenile is unlikely to commit another delinquent or criminal act
            11. The juvenile is particularly likely to respond affirmatively to noncustodial treatment
            12. The separation of the juvenile from the juvenile’s family by incarceration of the juvenile would entail excessive hardship to the juvenile or the juvenile’s family
            13. The willingness of the juvenile to cooperate with law enforcement authorities
            14. The conduct of the juvenile was substantially influenced by a more mature person

Juvenile Defense Attorney in Bergen County, NJ

As touched upon above, the juvenile justice system is separate and apart from the adult criminal justice system. Therefore, it is imperative that you hire a juvenile defense attorney in Bergen County, NJ. The Law Offices of Jonathan F. Marshall has several experienced Bergen County Juvenile Defense Attorneys on staff. If your child has been charged with a criminal offense and is seeking a juvenile defense attorney please contact any one of our Bergen County Offices for a free initial consultation.