In certain cases, New Jersey officials may try a juvenile as an adult. In cases involving juveniles 15 or older, the prosecutor can file a motion to move the case to adult court. The judge will decide whether to grant the motion. This is a pivotal decision, as juveniles generally get additional protections that the adult justice system doesn’t offer.
Why Is It Better for a Juvenile Case to Stay in Juvenile Court Rather Than Adult Court?
Keeping a juvenile case away from the adult criminal justice system is preferable for several reasons:
Rehabilitation vs. Punishment
The juvenile justice system focuses on rehabilitation rather than punishment. Juvenile court proceedings aim to help young offenders learn from their mistakes and change their behavior. This approach can lead to better long-term outcomes for the child, including lower chances of reoffending.
In juvenile court, the penalties are often less severe compared to adult court. Juveniles may face probation, counseling, community service, or placement in a juvenile detention center instead of prison. These alternatives are designed to provide guidance and support, helping juveniles get back on the right path without the harsh consequences of an adult criminal record.
Confidentiality
Another important factor is that juvenile court proceedings are generally more private. This confidentiality helps protect the juvenile’s reputation and future opportunities. In contrast, adult court records are public. An adult criminal record can impact a young person’s ability to get into college, find a job, or secure housing.
Special Approach
Juvenile court judges and staff typically have specialized training and experience dealing with youth. They understand the developmental differences between children and adults and can tailor their approach to meet the unique needs of young offenders. This knowledge can make a significant difference in the handling and outcome of the case.
Keeping a juvenile court case can offer a more compassionate and effective approach to addressing juvenile crime. It prioritizes the young person’s growth and potential for change, giving them a better chance to overcome their mistakes and build a positive future.
Under What Circumstances Can a Juvenile Be Tried as an Adult in New Jersey?
Under New Jersey law, a juvenile may face adult charges under specific circumstances. First, the prosecutor must file a motion to transfer the juvenile case to adult criminal court within 60 days of receiving the criminal complaint. The court then holds a hearing where both the prosecutor and the juvenile present evidence. The prosecutor needs to prove certain requirements to justify the transfer.
For a juvenile to face charges as an adult, they must be at least 15 years old at the time of the alleged offense. There must also be probable cause to believe the juvenile committed a crime that would be considered a severe offense if an adult committed it. These offenses include criminal homicide (excluding death by auto), first-degree robbery, carjacking, aggravated sexual assault, kidnapping, and other serious crimes.
However, even if the prosecutor meets these conditions, the court may still deny the transfer if it finds that the prosecutor abused their discretion. The court will consider several factors when deciding whether to transfer a juvenile to adult court, such as:
- The nature and circumstances of the offense
- Whether the crime was against a person or property
- The juvenile’s age and maturity
- Any special education needs
- The juvenile’s prior criminal history
- Any evidence of mental health issues or substance use disorders
- Input of the victim or their family, if applicable
If the court waives jurisdiction, the juvenile case proceeds in adult court, where the penalties can be much harsher than in juvenile court. State law also says juveniles 14 and older can ask the courts to transfer their case to adult court, though this is generally not preferred and has significant drawbacks.
What Are the Potential Sentences in Juvenile Cases?
Juvenile offenders in New Jersey generally face less severe penalties upon conviction compared with adult offenders. Some potential sentences a juvenile offender might face in New Jersey include:
- Probation – The state may place the juvenile under supervision with certain conditions they must follow.
- Community service – The court may order the juvenile to complete a specified number of hours of community service.
- Counseling or therapy – The court might require a juvenile to attend individual or family counseling sessions.
- Restitution – The juvenile may have to compensate the victim for damaged, destroyed, or stolen property and other losses.
- Educational programs – The court could mandate participation in educational or vocational training programs.
- Detention in a juvenile facility – Although rare, some offenders spend time in juvenile detention facilities upon conviction. According to New Jersey’s Office of the Attorney General, the average period of incarceration is around two years. However, offenders may be sentenced to anywhere from 30 days to 20 years or more.
Are Juvenile Criminal Records Public?
The Juvenile Justice Commission clearly states that all juvenile court records are private and can only be released under certain circumstances. The fact that these records are sealed is one critical reason to keep a juvenile case within the juvenile justice system if at all possible. Without a public criminal record, it’s much easier for juvenile offenders to turn their lives around and avoid the negative consequences of an adult criminal conviction.
Contact a New Jersey Juvenile Crimes Lawyer
It’s in any minor’s interests to keep their case within New Jersey’s juvenile justice system whenever possible. The Law Office of Jason A. Volet can help you and your child make the case for rehabilitation instead of punishment, giving them the chance they deserve to get their life back on track. Call us today for a free consultation to discuss your situation.
