New Jersey Juvenile Court
Juvenile cases in New Jersey differ greatly from cases involving adults. The purpose of the juvenile justice system, the rights of juvenile defendants, the procedures to be followed by the police and the courts, the facilities in which juveniles are detained, the functions of the defense attorney and the judge , and many other aspects of juvenile jurisprudence are all significantly different from the adult criminal system.
Even the Juvenile Court is separate. Juvenile cases are handled by the Family Division, not the Criminal Division, of the Superior Court. In a growing number of counties, such as Essex, Family Court matters are heard in a separate building from the criminal courts.
The purpose of the Juvenile Court is to rehabilitate. By definition, the adult penal system contains an element of punishment. The juvenile system, on the other hand, is designed to rehabilitate young people, rather than punish the criminal act. Therefore, the case will not be called “State v. Jane Doe”, but “The State of New Jersey in the interest of Jane Doe, a minor.”
A juvenile case begins with the determination of probable cause. When a person under the age of 18 is accused of committing a crime, the matter is brought to the attention of a court. This is usually the municipal court, and the police usually present the matter, although not always. Then a judge or court official, such as the court administrator or clerk, must determine that there is probable cause to believe that the minor has been a criminal and may be detained.
Juvenile charges are filed in the county where the minor resides, rather than where the crime occurred. In appropriate cases, a judge will grant the minor’s attorney’s motion to transfer the case to the county of crime. While New Jersey’s twenty-one counties must live by uniformity in handling juvenile cases, this is not always achieved.
Minors are not arrested; they are detained. According to the law, they are taken into custody for their own protection. Parents or guardians must be notified without delay. Minors cannot be detained in the same facilities, not even in the same police car, as suspected adults. They will be given a “detention hearing” the morning after their arrest to determine if it will be safe to return the minor to the custody of the parent or guardian while the matter is pending.
While in custody, a minor is brought before a judge at least once every three weeks, to review the need for continued detention. Sometimes minors are released to their homes, but are subject to home confinement, electronic monitoring, curfews, continued employment or school, or other conditions imposed by the court.
A form called “Notice 5A” is sent to the parents or guardians at the beginning of the case. This is the summons from the Family Court for the parents and the minor to appear and also to file a request for Public Defender. The form is a bit confusing and different counties treat 5A hearings differently.
A minor must have a lawyer, and a Public Defender will be appointed for a minor whose family cannot afford to hire a “private” lawyer. Public defenders are attorneys who are available to low-income families at little or no cost. They generally have experience in juvenile law and are familiar with the courts. Many of them are excellent lawyers. In most New Jersey counties, defendants and their parents or guardians must appear at the “5A Hearing”, even if they intend to hire an attorney, as the state or court may require information or “admission” procedures such as fingerprinting.
Minors do not have the right to a jury trial; Juvenile trials are handled by a judge without a jury. The rules of trial in juvenile court are different from those in adult court, and at sentencing, the judge has many options that are not available to adult defendants. Most juvenile cases are resolved, however, without trial.
The New Jersey juvenile justice system offers many diverse options for rehabilitating youth. The system strives to understand each defendant and treat each as an individual. In counties like Essex and Union, where there are multiple judges sitting on the juvenile side, repeat offenders are often scheduled to appear before the same judge, often with the same prosecutor. In appropriate cases, there are plea bargains and agreements that allow firings and demotions, intensive supervision, probation, job training, substance abuse remediation, pyromania counseling, anger management, and much more. An experienced juvenile attorney can often help create a resolution that makes sense.
Not all minors are tried in juvenile courts. Some are “exempted” to adult court where they receive adult court treatment and are exposed to adult penalties. Factors that a court will consider in determining whether to surrender a minor to adult court include the severity of the offense, age, history, gang affiliation, and the involvement of “adult” instruments such as guns. fire, motorized vehicles and sexual activity. Offenders convicted as minors are not sent to prison, but to places with names like The Training School for Boys, and prison terms for minors do not exceed five years. The cases that are dropped expose young people to penalties ranging from twenty years in prison and even more.
Juvenile records, that is, juvenile crime records, “disappear” once the minor turns eighteen. That’s not exactly true: the records remain available for certain purposes, but generally cannot be released. Subject to some very rare exceptions, no employer, school, or government official may request background information on minors. Juvenile records can be deleted later, in most cases. Consult with an attorney.
Experienced New Jersey juvenile attorneys know that the juvenile justice system favors youth who strive for improvement and who show promise for a law-abiding future. Supportive families, school success, full or part-time employment, organized community involvement, religious or sporting activities suggest that the youth has a significant chance of rehabilitation. Juveniles with these advantages benefit most from the non-penal philosophy of the juvenile system.
Families seeking a private attorney should seek an attorney with experience in juvenile court matters. The family can help the case by appearing in court, trying to keep the minor out of trouble, and providing alternative activities and moral support for the minor. The minor’s attorney must work toward a resolution that is realistic and rehabilitative, one that has a chance of success. Sensitive handling of juvenile criminal matters can make the difference that saves a minor in distress.