The Juvenile Justice System in New Jersey
I am often consulted at my Red Bank, New Jersey office by parents regarding offenses committed by their young children. Here is a brief overview of the Juvenile Justice System in New Jersey. The Juvenile Court system in New Jersey is very different from the adult court system. The defendant, a juvenile under the age of 18, has had a formal complaint signed against him/her and is being charged with "delinquency". Delinquency is an act that would be a crime, an offense, or a violation if the act had been committed by an adult. The Complaint describes the facts that the defendant allegedly committed and the violation of the law that the defendant is being charged with. The parent or guardian will receive a copy of the Complaint. Most juvenile complaints are signed by the police either based on personal knowledge or information supplied by others (witnesses). Complaints can also be signed by school officials or the victim of a crime.
If the defendant (the juvenile) is required to have an attorney, the parent or guardian is required to retain one. If you cannot afford an attorney, you can fill out what is known as a "5A" application to determine if you are eligible for a pubic defender. However, if you do not financially qualify for a Public Defender, you must hire an attorney.
I am often asked whether or not the juvenile can and will be detained. A child can be detained upon the signing of the Complaint under certain circumstances. In determining whether detention is appropriate, the following factors must be considered: the health, the safety, and the welfare of the juvenile; the age of the juvenile; the juvenile's ties to the community; the juvenile's prior record; the nature and circumstances of the alleged offense; and the juvenile's record of appearance or nonappearance at prior court proceedings. If the juvenile is detained, an initial detention hearing must be held no later than the morning following the juvenile's placement in a juvenile detention facility. At this jearing, the Judge decides whether or not the juvenile should be released. The parent or guardian is expected to appear at all hearings involving the minor.
