Juvenile vs. Adult Criminal Court in New Jersey
Is a Juvenile Criminal Case Different From an Adult Case in NJ?
One of the most fundamental procedural differences between the adult and juvenile justice systems in New Jersey involves who decides the facts applicable to a criminal case. Adults are generally tried by jury in New Jersey, whereas juveniles are tried by a judge in a process also known as a “bench trial.” Judges are typically viewed as more dispassionate than juries, and the state trusts judges to be able to separate an offender’s young age from the potentially heinous or reprehensible acts that they have committed. Juvenile charges are generally handled by a juvenile judge in the Family Division of the Superior Court in the county where the juvenile resides. For instance, if your son or daughter lives in Hudson County and is accused of a criminal offense while still a minor, his or her case will be adjudicated in the Hudson County Superior Court, Family Division.
Additionally, New Jersey law typically presumes that adult criminal court proceedings and related papers will be filed publicly in open court, whereas state law allows juvenile records to be sealed in a broader range of circumstances. This distinction in process exists because the legislature has determined the juveniles should not be haunted by youthful acts of indiscretion once they have fulfilled their court requirements and attempted to rejoin society.
Furthermore, if a juvenile is convicted of a crime in New Jersey, they face sentencing and other penalty ranges that are significantly lower than the penalty ranges applicable to adults for the same crimes. For example, an adult may face life in prison if convicted of murder. On the other hand, a juvenile faces a maximum of 20 years in prison. An adult typically faces 10-20 years of incarceration for a first degree indictable offense conviction, while a juvenile generally faces a maximum of only four years. Second, third, and fourth degree indictable offenses, along with disorderly persons and petty disorderly persons offenses, also typically carry reduced sentences for juveniles when compared to adults.
It is important to note, however, that juveniles charged with serious crimes when they are near the age of 18 may be tried as adults. In these cases, the minor’s case is transferred into adult criminal court where he or she will face the same consequences an adult would, explained in greater detail below.
Unique Goal of Juvenile Proceedings in NJ
New Jersey law establishes an overarching principal to guide juvenile proceedings that is distinct from the goals behind adult criminal proceedings. The juvenile process is designed to place the “best interests of the child” first and foremost. The state places particular emphasis on rehabilitation and alternative sentencing options in juvenile court. These goals make juvenile court significantly more forgiving than the adult criminal court system. Reflecting this unique goal, the Family Part of the Middlesex County Superior Court handles juvenile proceedings.
When a Juvenile is Charged with a Crime in New Jersey
Essentially any adult crime can be charged and prosecuted as juvenile offense if you, as the defendant, are under 18 years old. Some of the most common juvenile offenses in New Jersey are disorderly conduct, simple assault, shoplifting (petty theft), and drug possession, particularly possession of marijuana. Minors also frequently face charges for trespassing, underage alcohol possession, criminal mischief, and drug paraphernalia.
If you commit a particularly serious crime as a juvenile and you are over 14 at the time of the offense, a prosecutor can request to “waive” your case into adult criminal court. This applies in cases involving murder, certain crimes involving firearms, sexual assault, armed robbery, and the like. Juvenile cases that have been waived into adult court will be heard in the county superior court, criminal division. When a minor is tried in adult court, their case is heard by a jury, rather than a juvenile court judge.
Ways to Avoid Serious Penalties for Juvenile Charges
Given the New Jersey juvenile court system’s emphasis on rehabilitation, many first-time juvenile offenders are eligible for “deferred disposition.” Your eligibility for deferred disposition depends on the seriousness of your offense and your criminal history. If you are eligible for this procedure, you may be able to avoid being “adjudicated delinquent,” the juvenile court equivalent of being found guilty of a criminal offense in the adult criminal court system. Provided that you avoid subsequent arrests and comply with any conditions of the deferred disputation ordered by your judge (submitting to random drug testing or completing community service, for example) for a set period of time, the court may ultimately order that the state delete all identifying information related to your arrest, including fingerprints and DNA, seal your arrest report, and otherwise dismiss the case that was pending against you. A qualified New Jersey juvenile defense attorney can tell you more about your chances of receiving a deferred disposition.
There are also a number of other diversionary programs available to juveniles, particularly first-time offenders, including the Juvenile Auto-Theft Prevention Program, the Prevention, Intervention, and Education Program, and the Family Crisis Intervention Unit. An experienced Middlesex County juvenile lawyer at our firm can tell you more about your eligibility for alternative sentencing or diversionary programs designed for juvenile offenders.
Need Help with a Juvenile Case?
Don’t delay in getting answers to your specific questions about a juvenile criminal case in Woodbridge, Edison, Piscataway, New Brunswick, Metuchen, South Brunswick, Sayreville, or elsewhere in Middlesex County. We are committed to providing the best possible defense for minors charged with crimes in our local community. To receive a free consultation, call our Edison office at (732) 659-9600 or reach out online.
