Hoboken Juvenile Defense Attorney
Reviewed by William A. Proetta, Esq. · Updated October 2026
When someone under 18 is accused of an act that would be a crime, a disorderly persons offense or a petty disorderly persons offense if an adult did it, New Jersey charges it as juvenile delinquency under N.J.S.A. 2A:4A-23, and a judge decides the case without a jury in the Superior Court, Chancery Division, Family Part. If the judge finds the charge proven, the result is an adjudication of delinquency rather than a conviction, followed by a disposition under 2A:4A-43 rather than a sentence; the longest custodial terms under 2A:4A-44 range from 6 months for a disorderly persons offense to 4 years for a first-degree crime, with longer terms only for murder.
In Hudson County, juvenile cases from Jersey City, Hoboken, Bayonne, Union City and the rest of the county are heard on the third floor of the Frank J. Guarini Justice Complex, 24 Central Avenue, Jersey City, a short walk from Journal Square. Judge Martha Mainor currently handles all juvenile cases in the county, and the Hudson County Prosecutor’s Office is in the same building. I have more than 15 years of criminal trial experience, and our firm defends young people at every stage, from the first phone call from police to the disposition hearing. Call (201) 793-8018.
The Code of Youth Justice in Plain English
New Jersey’s juvenile statutes in chapter 4A of Title 2A were long called the Code of Juvenile Justice. In 2025 the Legislature renamed it the Code of Youth Justice (P.L.2025, c.35) and renamed the state agency that runs juvenile facilities the Youth Justice Commission, formerly the Juvenile Justice Commission.
Four points shape every case:
- Who counts as a juvenile. Anyone under 18 (2A:4A-22). There is no statutory minimum age for a complaint, but age matters at many later steps.
- What delinquency covers. Acts that would be crimes or offenses for an adult. Certain motor vehicle, bicycle, pedestrian, boating and curfew violations are excluded (2A:4A-23).
- What rights your child has. The same constitutional rights as an adult, except indictment, jury trial and bail (2A:4A-40). The trial is a bench trial before the Family Part judge.
- Counsel. Your child has a right to a lawyer at every critical stage, including every court appearance and any questioning after a complaint is filed (2A:4A-39). A parent cannot waive those rights for the child.
How a Hudson County Delinquency Case Moves
Every case follows the same sequence. The timeline below shows each step, who decides and the governing law.
How a Hudson County delinquency case moves
N.J.S.A. 2A:4A-31 to 2A:4A-44; R. 5:20-1. Each step, who decides and the governing law.
In court: Intake service conference Juvenile Conference Committee Deferred disposition
No case is diverted by the court until the judge approves (2A:4A-72). Deferred disposition: up to 12 months, then dismissal if your child does well (2A:4A-43(b)(1)).
Taking a juvenile into custody “shall not be construed as an arrest” (2A:4A-31). Under AG Directive 2020-12, a station hold may not exceed 6 hours.
Police contact. Taking a juvenile into custody “shall not be construed as an arrest” under 2A:4A-31, and the officer must immediately notify a parent or guardian (2A:4A-33). Under Attorney General Directive 2020-12, a child may be held at a police station for no more than 6 hours, and a complaint-summons, not a warrant, is the default for most charges. A summons does not involve custody. If officers want to question your child, stricter rules apply, covered in the guides below.
Detention. Release to a parent is the default. Detention needs a judge’s or intake’s permission (2A:4A-34).
Intake. Court Intake Services reviews every complaint. For any first- through fourth-degree crime, a repetitive disorderly persons offense or a drug disorderly persons offense, intake must send the case to court unless the prosecutor consents to diversion (2A:4A-71). For lesser charges, intake weighs seriousness, age and maturity, family circumstances, prior contacts and the views of the victim, officer and prosecutor. No case is diverted until the judge approves (2A:4A-72).
Adjudication and disposition. If the State proves the charge at the adjudicatory hearing, the judge holds a disposition hearing and weighs the child’s needs, family, record and the impact on the victim and community (2A:4A-43(a)).
The People in a Hudson Juvenile Courtroom
- The Family Part judge. In Hudson County that is currently Judge Martha Mainor, who decides detention, whether the charge is proven and the disposition.
- The assistant prosecutor. A member of the Hudson County Prosecutor’s Office who decides whether to consent to diversion and argues for the State.
- Court Intake Services. Court staff who screen complaints and recommend diversion or court action.
- Defense counsel. The lawyer who represents your child. We keep parents informed and involved throughout.
- Parent or guardian. You must be notified, you must have a chance to consult with your child before any waiver of rights, and your participation counts at disposition.
Charges Juveniles Commonly Face and Maximum Terms
Under N.J.S.A. 2A:4A-44(d)(1), the adult grade of the offense sets the most a judge can order in a Youth Justice Commission facility.
Maximum juvenile terms by grade
N.J.S.A. 2A:4A-44(d)(1). Bars run from 0 to the longest term a judge can order in a Youth Justice Commission facility, on a 0 to 20 year scale.
Delinquency cases are decided by the Family Part judge at the Frank J. Guarini Justice Complex, 24 Central Avenue, Jersey City.
These are ceilings. For a fourth-degree or lesser offense by a child with no prior adjudication, the law presumes no incarceration at all (2A:4A-44(b)(1)). A child 11 or younger cannot be committed to a state juvenile facility except for arson or a first- or second-degree crime (2A:4A-44(c)). Fines for juveniles were eliminated in 2020 by P.L.2019, c.363.
Diversion: Keeping a Case Out of Court
Many cases never reach an adjudicatory hearing. Each off-ramp has a different decision-maker:
- Curbside warnings by the officer at the scene, with no further action.
- Stationhouse adjustments at the police department, a written agreement of 3 to 6 months with no complaint filed.
- Court diversion after a complaint, to an intake service conference or a Juvenile Conference Committee appointed by the court (2A:4A-73, 2A:4A-75).
- Deferred disposition, where the judge holds off entering a disposition for up to 12 months and dismisses the complaint if your child does well (2A:4A-43(b)(1)).
Confidentiality of Juvenile Records
Juvenile records are “strictly safeguarded from public inspection” under N.J.S.A. 2A:4A-60. Access is limited to the court, the prosecutor, your child’s lawyer, parents and listed agencies. But a victim and the school principal can obtain the child’s identity, the offense, the adjudication and the disposition on request. The principal must receive written notice when the offense happened on school property, involved a firearm or other weapon, or would be a first-, second- or third-degree crime. After an adjudication for an act that would be a first-, second- or third-degree crime, aggravated assault or property damage over $500, some information can be disclosed publicly unless the defense shows a substantial likelihood of specific and extraordinary harm. We prepare for that showing early. Confidential does not mean erased; sealing and expungement are separate steps.
What We Do First
When a parent calls, we work in this order:
- Stop the questioning. We tell police your child is represented and will not answer questions.
- Find your child and learn whether a complaint was filed and what charge and grade it lists.
- Prepare for detention. If your child is held, we build the release plan for the next-morning hearing.
- Contact intake and the prosecutor about diversion before the case is set for court.
- Collect what helps. School records, any IEP or 504 plan, counseling history and activities all matter at intake and disposition.
Parents should not let a child give a statement, even one meant to “clear things up,” and should keep the child off social media about it. Be polite and calm with officers, then call us.
If police call about your child: what to do first
Jersey City · Hoboken · Bayonne · Union City · anywhere in Hudson County- Stay calm and polite with the officers.
- Ask where your child is and what the charge is.
- Stop the questioning. Say: “My child will not answer questions without a lawyer.”
- No statement, even one meant to “clear things up.”
- No posts or messages about it. Keep your child off social media.
- Keep the paperwork: the summons or complaint and anything police gave you.
Jersey City · free case review 24/7
Our Hudson County Juvenile Defense Guides
Each stage has its own page:
- Our page on juvenile detention hearings in Hudson County covers when a child can be held, the next-morning hearing deadline and how release with conditions works.
- Our guide to waiver of a juvenile case to adult court explains the age 15 threshold, the eligible offenses, the 60-day motion deadline and the waiver hearing.
- Our page on juvenile diversion programs explains stationhouse adjustments, Juvenile Conference Committees, intake service conferences and deferred disposition, and what completion means for the record.
- Our page on juvenile sentencing and dispositions covers the dispositions available under 2A:4A-43, the maximum terms and the factors the judge weighs.
- Our guide to police questioning of a minor explains parent-presence rules, Miranda warnings for juveniles and when a statement can be suppressed.
- Our page on juvenile sex offense charges addresses juvenile sexting, the remedial education program and Megan’s Law exposure for young people.
- Our guide to underage alcohol and marijuana cases explains New Jersey’s warning system for minors, parental notification and the drug charges that still lead to delinquency complaints.
- Our page on juvenile record expungement explains the difference between confidentiality, sealing and expungement, and the waiting periods that apply.
Juvenile Defense FAQs
Is a juvenile adjudication the same as a criminal conviction in New Jersey?
No. A juvenile found responsible receives an adjudication of delinquency and a disposition, not a conviction and a sentence. The record is confidential under 2A:4A-60, with limited exceptions.
Does my child get a jury trial in juvenile court?
No. N.J.S.A. 2A:4A-40 gives juveniles adult constitutional rights except indictment, jury trial and bail, so the Family Part judge decides the case.
Where is juvenile court in Hudson County?
Juvenile cases are heard on the third floor of the Frank J. Guarini Justice Complex, 24 Central Avenue, Jersey City. Judge Martha Mainor currently handles all Hudson County juvenile cases.
Can police question my child without me there?
Police must make real efforts to involve a parent, and the rules are strictest for children under 14. Tell officers your child will not answer questions without a lawyer, then call us.
Will my child go to a detention center?
Most children are released to a parent. Detention requires a judge’s or intake’s permission, and a detained child must see a judge by the next morning, including weekends and holidays.
Can a juvenile case be kept out of court?
Often, yes. Curbside warnings, stationhouse adjustments, court diversion and deferred disposition can resolve a case without an adjudication.
Talk to a Hudson County Juvenile Defense Lawyer
Whether your child talks to police, whether the case is diverted and whether your child comes home are decided in the first days. Bring the summons or complaint, any paperwork police gave you and your child’s school information. Call William Proetta Criminal Law at (201) 793-8018 for a free, confidential case review, or contact us online.