Juvenile Delinquency Cases In New Jersey: An Intro For Parents
Many times parents of high-school students call our office seeking legal guidance when dealing with the juvenile justice system in New Jersey. The first step is to explain to them that juvenile cases are handled differently than adult criminal cases. In fact, juvenile matters are not even considered “criminal cases,” they are called “delinquency cases.” Except in very rare circumstances, they are not handled in the criminal courts. Rather they are handled in the family courts. The idea behind juvenile justice is to “rehabilitate” the juvenile offender rather than “punish” him or her.
Many times parents of high-school students call our office seeking legal guidance when dealing with the juvenile justice system in New Jersey. The first step is to explain to them that juvenile cases are handled differently than adult criminal cases. In fact, juvenile matters are not even considered “criminal cases,” they are called “delinquency cases.” Except in very rare circumstances, they are not handled in the criminal courts. Rather they are handled in the family courts. The idea behind juvenile justice is to “rehabilitate” the juvenile offender rather than “punish” him or her.
In New Jersey, any indictable offense committed by a
juvenile will be handled in the Family Division of one of the thirteen Superior
Courts based on the county where the event occurred. Family Division presiding
judges will decide the outcome of the case, as juveniles have no legal right to
a trial by jury. The judges will use their discretion in sentencing and have a
wide variety of options for rehabilitation. Because the purpose is to
rehabilitate rather than punish, the family courts have many tools to help
juveniles who find themselves in trouble.
The idea is simple, help them now before they fall into a repetition of
crime and become career criminals.
The rehabilitative process begins at the first hearing, where
the Court will start to develop a plan tailored to the specific juvenile based
on the circumstances of the case and his or her life. The rules require a
parent or guardian to be present at every hearing. This demonstrates family support for the
juvenile defendant and reassures the court that the minor is getting the
attention at home that he or she needs. During this preliminary hearing, the
prosecutor, probation department, and in some instances the juvenile justice
commission will make statements and recommendations to the judge as to what
programs should be put into place.
When a judge decides the disposition of the case, it may
involve counseling, community service, restitution to the victim, group home
placement or even detention center confinement. Any counseling, drug testing,
anger management, or probation period imposed by the judge can last anywhere
from three months to a year. In more serious juvenile cases, juveniles can be
sent to a detention center such as a training school for boys or training
school for girls.
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