Criminal Defense Lawyers

Overview of New Jersey Juvenile Delinquency Law

New Jersey’s juvenile justice system handles cases involving minors under age 18 who are accused of acts of delinquency – offenses that would be crimes if committed by adults. The goal of the system is rehabilitation and accountability, rather than punishment.

Key Principles

The juvenile court has exclusive jurisdiction over delinquency cases in New Jersey. The proceedings happen in family court instead of criminal court, and focus on providing supervision, care, and rehabilitation for the minor. Records are kept confidential and hearings are closed to the public.

New Jersey law does not set a minimum age for juvenile delinquency. Minors of any age can be charged, although the youngest now in state custody is 14. Police have arrested children as young as 6 in recent years, disproportionately youth of color, often for minor misbehavior like schoolyard fights.

Advocates urge setting 14 as the minimum age, arguing that younger kids need counseling and child welfare services, not jail. Bills proposed in the legislature would make New Jersey the only state following the UN recommendation of 14 as the minimum age of criminal responsibility.

The Juvenile Justice Process

• Complaint – Cases start with a complaint filed by police, individuals, or the prosecutor’s office. The complaint goes to intake services to decide whether to recommend dismissal, diversion, or referral to family court.
• Right to an Attorney – Minors have a right to an attorney only if the case goes to family court. Parents or guardians must attend initial meetings and hearings that happen before the case reaches family court.
• Detention – The court can detain youth before trial only if they pose a danger or flight risk. Detained youth get a hearing within 48 hours and can be held for up to 60 days pre-trial.
• Adjudication – Cases are heard by a family court judge or juvenile referee. More serious “counsel mandatory” cases require an attorney; “counsel non-mandatory” ones do not. The adjudication determines if the minor is delinquent.
• Disposition – If found delinquent, the judge orders penalties aimed at rehabilitation like counseling, restitution, community service, probation, or detention.

Recent Reforms

In 2015, New Jersey raised the maximum age of juvenile court jurisdiction from 18 to 21. This means some young adult offenders ages 18-21 may enter the juvenile system.

The state also increased the minimum age of adult criminal court jurisdiction from 16 to 18. Now only juveniles 14 and older charged with serious violent crimes can be tried as adults.

Defense Strategies

For children accused of minor offenses, diversion programs like juvenile conference committees allow charges to be dismissed if conditions like counseling or community service are completed.

If facing adjudication in family court, defense focuses on the child’s age, mental health, life circumstances, and amenability to rehabilitation. The goal is to secure probation, counseling, or community-based services instead of detention.

Parents should hire an experienced juvenile defense lawyer as early as possible. The right advocacy can divert cases from court altogether or achieve the most favorable outcome if adjudicated delinquent.