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Juvenile Court Lawyer in Ocean County – Toms River, NJ
If any person(s) under the age of eighteen (18) are charged with any Crime or Offense under the New Jersey Criminal Code as can be found listed in N.J.S.A. 2C:1, et. seq.; that is, any charge against a minor / juvenile as defined above in the State of New Jersey that begins with “2C:” he or she shall be required to appear before the Superior Court of New Jersey within the County the alleged offense occurred. Even charges characterized as Petty Disorderly or Disorderly Persons Offenses (Simple Assault, Harassment, Disorderly Conduct, Obstruction, certain Criminal Mischief, Shoplifting and/or Theft Offenses with nominal amounts of alleged monetary value, Resisting Arrest and many Drug Possession Offenses for example) that would normally be scheduled before the Municipal Court in the town where the offense is charged if committed / charged against an adult; will mandate an appearance before a Superior Court Judge in the Family Division. All Minor’s charged with an offense in the State of New Jersey must be represented by an attorney at all Juvenile proceedings, without exception. Accordingly, all Indictable Crimes of the 1st, 2nd, 3rd and 4th Degree are also heard by the Court and if adjudicated delinquent; either by the entry of a guilty plea or conviction after trial, a record of those adjudications will become part of the Minor’s Juvenile Criminal Record. Charges against Juvenile Defendants are also brought by School Officials in connection with incidents on or around School Property and/or between students.
Charged with a Crime as a Minor in New Jersey
Penalties for Juveniles differ from those if convicted as an adult, though may carry significant penal consequences and implications on future opportunities for Education and Employment. Possible resolutions in Juvenile Cases before the court range from possible acquittal after a Not Guilty finding pursuant to a Bench Trial on the merits, what is referred to a “Deferred Disposition,” Probation with conditions such as Community Service, Substance Abuse evaluations and/or additional requirements, or in some cases, incarceration in the Juvenile Detention Center or New Jersey State Prison at Garden State Youth Correction Facility. While the Juvenile Justice System in the State of New Jersey does tend to favor rehabilitation and deterrence from future commission of offenses, cases involving serious offenses and charged as Indictable Crimes may lead to the significantly serious outcomes mentioned above and listed below.
| Type of Offense | Adult Sentence | Juvenile Sentence |
|---|---|---|
| Murder (Homicide) | Life | Up to 20 years |
| First Degree Crimes | 10 – 20 years | Up to 4 years |
| Second Degree Crimes | 5 – 10 years | Up to 3 years |
| Third Degree Crimes | 3 – 5 years | Up to 2 years |
| Fourth Degree Crimes | Up to 18 months | Up to 1 year |
| Disorderly Persons | Up to 6 months | Up to 6 months |
|
Petty Disorderly/Persons Offenses |
Up to 90 days | At the discretion of the court |
After a Juvenile has been adjudicated delinquent and/or convicted after Trial; The court must consider and weigh several factors before either accepting a proposed plea or imposing Sentence under the applicable guidelines found in N.J.S.A. 2A:4A-44 . These factors include:
- The nature and circumstances of the offense;
- The extent of the damage or injury caused by the offense;
- The potential threat (if any) that the juvenile poses to the public safety;
- The age, previous adjudications against or lack thereof, and any social services the Juvenile may participate in / benefit from;
- The Juvenile’s physical, psychological, social, academic, and developmental needs;
- The character and attitude of the Juvenile;
- The impact on the community and/or victim’s with regard to the conduct of the Juvenile;
- If the proposed resolution or disposition supports family strength and unity, as well as the juvenile’s well-being and physical safety;
- If the disposition provides for reasonable participation by the Juvenile’s parent or guardian; and
- Any additional aspects of the juvenile’s history as may be deemed relevant by the Court.
Having an attorney to navigate through the defensible issues available; as well as prepare the most effective opportunity to avoid the possible penalties and lifelong consequences associated with these types of charges is paramount to your / your child or dependent’s case. Call (732) 451-2283 today for a FREE CONSULTATION with The Law Office of Nicholas A. Moschella, Jr., LLC regarding your Juvenile Court matter.