Any parent would be worried to learn that their underage child had been charged with a crime. In addition to immediate concerns about penalties, including possible detention, a conviction can have serious long-term consequences for a young person’s life. A parent who hears from police that their child has been arrested needs to do two things immediately: secure their child’s release and seek guidance from a juvenile defense lawyer. The Law Office of Jason A. Volet in Freehold and Neptune, NJ, can help you on both counts. Attorney Jason Volet handles juvenile crime defense cases. If contacted promptly, he can move quickly to secure your underage child’s release to your custody in most situations. Then he can work to defend your child from all pending charges while explaining to you what is happening at every step in the process.
What Happens to a Child Arrested in New Jersey?
A young person under the age of 18 may be charged with delinquency for any act that would constitute a crime if it was committed by an adult: a disorderly persons offense, a petty disorderly persons offense, or a violation of any other penal statute, ordinance, or regulation. In most juvenile cases, police have signed a complaint against the child based on either personal observation or information from others, such as alleged victims. School officials can also sign complaints, as can probation officers in cases of violations of probation (VOPs). Typically, a juvenile is released to a parent or guardian.
There is no bail for juveniles in New Jersey. Upon release, the parent or guardian receives notice of when and where to appear to address the juvenile charge.
In some cases, a child may be taken into custody and held in a juvenile facility based on the nature of the offense, the need to protect society, a past record of juvenile delinquency, a failure to appear at a court proceeding, or having runaway after previous placement by the court or court intake service.
If a child is held, there must be a hearing within 24 hours at which the prosecutor must show a judge why the juvenile should be detained. If the child is held further, the court will continue to hold regular hearings requiring the state to justify continued detention.
All juveniles facing formal charges in court must be represented by a defense attorney. If the parents are unable to hire an attorney to defend their child, a public defender will be appointed.
However, an initial consultation with the Law Office of Jason A. Volet is free and will help you understand the proper steps to take. We will work with parents for the release of their child and the provision of other legal aid.
What Is Juvenile Court in New Jersey?
Juvenile offenses are heard in the Family Division of the New Jersey Superior Court, or Family Court. A Family Court judge will decide how a juvenile’s case will be handled based on the nature and seriousness of the offense, the child’s age, any prior record, and the willingness of parties involved to cooperate. A juvenile’s case may be referred to:
- Juvenile Conference Committee (JCC) or Intake Services Conference (ISC). The JCC is made up of appointed citizen volunteers and the ISC consists of judicial staff members. In either process, the child, parents, alleged victim, and/or others involved in the alleged offense must come to an agreement as to how the juvenile will be held accountable.
The recommended resolution is presented to the court for approval. The resolution of the case might include conditions such as curfew, counseling, evaluation, community service, and restitution. - Juvenile referee (informal court). In this informal hearing, the juvenile may admit or deny delinquency. The referee, a trained appointee of the court, will weigh the facts and make a determination. If the referee makes an adjudication against the juvenile, he or she recommends a disposition to the Family Court. This may be any penalty available to the court, except for any placement that takes the child out of their home.
- Judge (formal court). At this hearing, your child will be expected to enter a plea admitting or denying the charge(s). If the facts in the case are disputed, the Family Court judge will decide the case based on testimony and other evidence presented. If the judge finds your child delinquent, the judge will impose a disposition in accordance with New Jersey law. The court can order any disposition to aid in your child’s rehabilitation and to reinforce your child’s accountability, including fines, community service, and/or a term of supervision such as probation, deferred disposition, or a period of confinement.
In juvenile matters, the courts are supposed to focus on rehabilitation and accountability of the young offender. This offers an opportunity for an experienced juvenile defense attorney to explore alternatives available to your child and work to ensure an outcome that serves your child’s best interests.
What Are My Child’s Rights?
While police and the courts do treat children differently than adults, juveniles facing charges still have the basic right to representation, protections against self-incrimination, and the right to face and challenge their accusers. After an arrest, the child and parents should:
- Meet with an attorney. Attorney Jason Volet can make sure your child’s rights are protected throughout the judicial process. Jason is friendly and non-judgmental. He will take the time to understand the circumstances of your child’s arrest and other factors relevant to the situation. He can present a vigorous defense, including challenging the prosecutor’s witnesses and other evidence.
- Decline discussions with prosecutors and others. Neither you nor your child should speak to police, prosecutors, members of a Juvenile Conference Committee or Intake Services Conference, or a judge without an attorney present. The JCC and ISC do not require attorneys. But your attorney is the only person in the process who is legally required to advocate for your child.
- Help prepare your case. There may be an opportunity to present evidence that is favorable to your child’s defense. Your child should be honest and forthright and explain the facts of the case as he or she understands them.
What Penalties Can Juvenile Offenders Face?
Laws vary from state to state, but generally, underage individuals who are accused of committing a crime face a number of legal penalties. Often, courts seek to educate and rehabilitate juveniles with less severe sentences than those given to adults. Depending on the severity of the crime, juvenile offenders can face the following penalties:
- Community service
- Probation
- Fines
- Juvenile detention
- Jail time
If your child is found guilty or pleads guilty to a first degree offense, they face up to four years in jail; the juvenile jail would be Jamesburg in New Jersey. On a second degree offense, they could face up to three years in Jamesburg. On a third degree, they face up to two years in Jamesburg. On a fourth degree, they face up to a year in Jamesburg, and on a disorderly person’s offense, they can face up to sixth months in Jamesburg.
It’s important to understand that while this is what they face, there aren’t the same type of presumptions in juvenile court as there are in adult’s. For instance, just because you have been found guilty or plead guilty to a second degree does not necessarily mean that you will be sentenced to jail. You can still be sentenced to probation. It’s important that you find an attorney who is well experienced in dealing with these types of cases in order to make sure that the best possible outcome for your child is reached, whether that be some sort of counseling or anything that they need to make their lives better.
All offenses by juveniles, regardless of whether it would be an indictable defense or if something similar would be a felony for an adult or if it was a non-indictable offense like a misdemeanor charge, which would be heard in a municipal court for an adult. Regardless of what type of charge it is, it is all heard in the family division in the superior court in whatever county in New Jersey that that child lives. It’s not where the child is charged, but it’s actually the county where that child lives.
So if the child lives in Monmouth County but commits the offense in Middlesex County, the case will be heard in Monmouth County. Again, it’s important to hire an attorney immediately because there are serious penalties which can include jail for your child depending on what type of crime it is.
Contact Our Juvenile Defense Attorneys Today
A New Jersey juvenile crimes defense lawyer at the Law Office of Jason A. Volet in Freehold and Neptune, NJ, is prepared to explain your legal options, protect your child’s rights and defend your child in court if necessary. Contact a member of our dedicated legal team at 732-491-8477 to discuss the specifics of your case.
