Frequently Asked Questions in New Jersey Juvenile Cases
Here are some Frequently Asked Questions (FAQ) our criminal defense firm receives pertaining to New Jersey Juvenile cases:
What is Station House Adjustment?
Station House Adjustment allows law enforcement officers to resolve minor issues without the necessity of filing a formal Complaint with the court. A police officer can ask the parent or guardian of the juvenile along with the victim, if willing, to come to the police station and discuss a possible resolution to the case. The juvenile and the parent or guardian are asked to assure the police officer that the juvenile will "stay out of trouble" and not commit any future offenses. The police officer can refer the child to a variety of services and programs and may also require the juvenile to make restitution in some form if property has been stolen or damaged. Also, community service or written essays may be required.
Who is eligible for Station House Adjustment?
Any juvenile who has been arrested and charged with a Petty Disorderly Persons Offense (known as a "PDP") or an ordinance violation may be eligible. Also, in some cases where the juvenile has no prior record, they may be eligible even if charged with a 4th degree offense. Juveniles with more serious charges, or that are on probation, or that have charges already pending are not eligible.
Does the Juvenile need a lawyer?
A parent or guardian is always permitted to hire an attorney to represent a minor at any court appearance. Further, in certain Formal and Counsel Mandatory Court proceedings, the minor must have an attorney. Some other complaints do not require an attorney to be present. However, if there is a threat of incarceration, the Court will require that the minor be represented by counsel.
What are Detention Alternatives?
Detentional Alternatives are other options besides incarceration which are available to the Judge when deciding whether to detain the minor in the Youth Detention Center. A Detention Alternative program allows the minor to be supervised in the community while charges are pending. The primary goal of the detention alternative program is to ensure that the minor appears in court when required and does not commit any further offenses if released from custody. If the minor is accepted into the program, he or she will be supervised by the Detention Alternative Coordinator and will be required to follow specific guidelines (similar to probation for adult offenders). Non-compliance with these guidelines will result in the minor being placed in a Youth Detention Center.
