A Former Prosecutor Who Served In The Juvenile Division Is Ready To Assist You. Contact Our Wayne Office at (862) 203-4070 For A Free Consultation.
The juvenile justice system in New Jersey can have serious implications for a child who is taken into custody by police and/or processed for a criminal offense. The resulting disorderly persons offense or, worse yet, indictable crime of the first, second, third or fourth degree, can have ramifications that are life-altering. In fact, the police and court can detain your child if they believe it is necessary to prevent your son or daughter from committing another juvenile offense, risking their own welfare or safety, or simply based on the severity of the charges. You should also know that every juvenile must be represented by an attorney when they appear in court so you must either qualify for a public defender based on a limited income or hire someone privately to defend your child.
The lawyers at the Law Offices of Jonathan F. Marshall have decades of experience representing juveniles in Passaic County Family Court. In fact, our eleven attorney team dedicates its practice exclusively to criminal law, has over 200 years of combined experience, and includes several individuals who are former juvenile prosecutors. Representing Children in the Family Division requires knowledge, experience, and compassion, and our attorneys certainly possess these attributes. To obtain a free initial consultation any time of day or night, contact our office at (862) 203-4070.
Juvenile Offenses in Wayne New Jersey
An individual is considered a juvenile in New Jersey if they are under 18 years of age. A juvenile that allegedly commits an act that violates the Criminal Code falls under the jurisdiction of the Family Division of the Passaic Superior Court instead of the Wayne Municipal Court or the Criminal Division of the Superior Court.
Juvenile proceedings are handled by a judge without a jury and are closed to the public. Instead of a conviction after a trial as occurs in adult cases, proof of the allegations in a juvenile delinquency proceeding results in an adjudication of delinquency. Also unlike criminal courts, a child in juvenile proceedings must be represented by an attorney.
Some criminal offenses can result in a case being transferred to the criminal court even though the person accused of committing it is a child. Children 14 years of age and older can be tried as adults for certain violent criminal offenses, including:
Murder
First degree robbery (e.g. armed)
Aggravated sexual assault
Second degree aggravated assault
Kidnapping
Aggravated arson
The Passaic County Prosecutor’s Office can request a waiver from the juvenile court to have the case transferred to an adult criminal court. Our juvenile defense lawyers can oppose a request to have the case waived from the juvenile court. Prosecutors must prove there is probable cause to believe the child committed the violent offense, but we have the opportunity to present evidence proving a probability of rehabilitation if the child’s case remains in the family division of the superior court.
Disposition of a Wayne Juvenile Case
Unlike adult criminal court that focuses on the punishment of individuals convicted of committing crimes, the focus in juvenile cases is on rehabilitation. Whenever possible, the Wayne Township criminal attorneys at our firm make every effort to keep the case out of the court system. One method of doing this is the Juvenile Conference Committee.
The Juvenile Conference Committee is a form of diversion program to get the case out of the legal system. Committee members hear from all of the parties, including the juvenile and the victim and make a recommendation for how the matter should be resolved.
If a case ends with an adjudication of delinquency, the judge to whom it is assigned weighs different rehabilitation options. Included among them are the following:
Diversion
Probation
Restitution
Mental health or substance abuse treatment
Academic or vocational programs
Confinement to a secure state-run facility
Release to parents
Our juvenile defense attorneys use the disposition phase of a juvenile proceeding to advocate with the court for a disposition that is favorable to the child in providing the best rehabilitation opportunity.
Wayne Juvenile Defense Lawyer
As previously stated, your child must have an attorney during all proceedings in juvenile court. It only stands to reason that your son or daughter’s best interests are served by your retaining the services of the skilled and knowledgeable juvenile attorney like those at the Law Offices of Jonathan F. Marshall. Our lawyers understand the law and how to effectively navigate the juvenile court system at the Passaic County Superior Court in Paterson. To speak to one of our lawyers immediately, call (862) 203-4070 anytime 24/7.