When we work with the parents of young people facing criminal charges in NJ, most often the parents’ primary concern is whether their child might go to jail. We are happy that we can assure them in most cases that New Jersey juvenile courts focus on helping wayward young people (under age 18) turn their lives around rather than jailing them.
In cases of serious criminal offenses involving murder, armed robbery, assault, or sexual assault, the juvenile may be tried as an adult and face time in prison if convicted.
But in most cases, such as juvenile drug offenses the New Jersey juvenile justice system makes alternative sentencing options available to judges. The options may include probation with requirements ranging from performing community service to completing a treatment program. There are significant differences between New Jersey’s adult criminal justice system and how the state deals with juvenile offenders. Many decisions about juvenile offenders are made by committees dedicated to the juvenile justice system. One thing that holds true regardless is that a young person charged with a crime needs an experienced defense lawyer to stand up for his or her rights. In fact, New Jersey law requires charged juveniles to be represented by an attorney.
Attorney Jason A. Volet, a former Monmouth County prosecutor, knows New Jersey’s justice system and focuses on protecting the rights of the accused, including juveniles. Contact Jason to discuss putting his knowledge and legal skills to work for you and your child.
What Are the Factors for Consideration During Juvenile Sentencing in New Jersey?
Juvenile offenses are most often heard in the Family Division of the New Jersey Superior Court, or Family Court. Juvenile Court is conducted according to rules designed for adjudication of juvenile cases. The focus of the system is to help, assist and rehabilitate a child rather than punish. New Jersey’s Juvenile Code provides judges a wide array of dispositions, or sentences when an offender is judged to be delinquent. These decisions are made by a Family Court judge and a committee known as a mobile classification team. Once a juvenile is sentenced, he or she is assigned a specific custody level and treatment program based on the assessment of the child’s supervision requirements and service needs.
Among the factors considered are:
- The nature and circumstances of the offense
- The degree of injury to persons or damage to property caused by the juvenile’s offense
- The juvenile’s age, previous record, and out-of-home placement history
- Whether the disposition supports family strength, responsibility and unity, and the well-being and physical safety of the juvenile
- Whether the disposition provides for reasonable participation by the child’s parent, guardian, or custodian.
- Whether the disposition treats the physical, psychological, and social needs of the child
- Whether the disposition contributes to the developmental needs of the child, including the academic and social needs of a child who has learning disabilities
- Any other circumstances related to the offense and the juvenile’s social history as deemed appropriate by the court
- The impact of the offense on the victim or victims
- The impact of the offense on the community
- The threat to the safety of the public posed by the child.
What Are Potential Sentences in New Jersey Juvenile Cases?
The potential dispositions that may be handed down in juvenile cases vary greatly according to the offense and what’s best for the child. Some dispositions available to the Court include:
- Adjourned disposition (delay decisions for up to 12 months with restrictions)
- Release the child to parent or guardian, with or without conditions
- Probation for up to three years
- Fines
- Payment of restitution
- Community service
- Counseling
- Suspension of driver’s license for up to two years
- Required parental involvement in counseling, and restitution.
- Transfer of custody
- Diversionary program
- Secure confinement/incarceration
- Residential mental health and/or substance abuse treatment
- Work, outdoor, academic, and/or vocational programs
- Other conditions reasonably related to the rehabilitation of the juvenile.
The disposition handed down might include a combination of programs and conditions. The disposition most commonly handed down is some form of supervised probation. Probation may be ordered along with restitution, community service, or other requirements, such as undergoing counseling. If a juvenile is to be incarcerated, the terms may vary depending on the offense. But the average sentence is two years, according to the N.J. Attorney General’s Office. If a commitment is suspended, the juvenile offender may be placed on probation and sent to a non-institutional residential program. There are two mandatory dispositions under New Jersey law:
- Theft of a motor vehicle, unlawful taking of a motor vehicle, and third-degree eluding: The court must impose 60 days of community service.
- Fourth-degree unlawful taking of a motor vehicle: The court must impose at least 30 days of community service.
What Are the Incarceration Sentencing Guidelines for Juveniles vs. Adults in New Jersey?
Sentencing for Major Crimes
For major crimes that result in imprisonment, New Jersey has set lower maximum terms of incarceration for juveniles than for adults:
- Purposeful or knowing murder: 20 years vs. life for adults
- Felony murder: 10 years vs. life for adults
- First-degree crimes other than murder: 4 years vs. 20 years for adults
- Second-degree crimes: 3 years vs. 10 years for adults
- Third-degree crimes: 2 years vs. 5 years for adults
- Fourth-degree crimes: 12 months vs. 18 months for adults
If a juvenile is already a repeat offender who has two previous convictions for first-degree or second-degree offenses, the maximum disposition may be extended for:
- Murder: 5 additional years
- All other first-degree offenses: 3 additional years
- Second-degree offenses: 2 additional years
- Third-degree offenses: 1 additional year.
Get the Help of an NJ Juvenile Crimes Defense Attorney
A child charged with a crime in New Jersey may avoid jail if convicted, but their life will likely be put under the state’s supervision through a probation program or residential treatment program. A judge could remove your child from your custody or in some cases, your child could face prison time, depending on the offense. It is best to contact an experienced New Jersey juvenile defense attorney as soon as possible if your child has been arrested or detained. Call The Law Office of Jason A. Volet at (732) 491-8477 or reach out online for assistance in Freehold, Neptune, and throughout Monmouth County and surrounding areas of New Jersey.
