We strongly recommend that you hire a criminal defense attorney to represent your child in any juvenile matter, no matter how seemingly slight. Many parents make the mistake of not hiring an attorney, only for their children to face serious consequences that continue to follow them.
Being an “adjudicated delinquent” means your child will have a juvenile record. There is a common misconception that juvenile proceedings are dismissed and expunged when the juvenile turns 18 years of age. That is absolutely not the case. Furthermore, while rehabilitating juveniles is a top priority, judges can sentence them to detention. Some juveniles even risk being charged as adults, which could lead to even harsher consequences. The advice of a juvenile criminal defense attorney should be sought upon your child’s first contact with law enforcement or court personnel.
For a free and confidential case review from the Law Offices of John J. Zarych, call our juvenile criminal defense lawyers at (609) 616-4956.
Supporting Juveniles Through Adjudication in Atlantic City
Adjudication for juveniles works differently than criminal trials for adults. Instead of a jury hearing the case and deciding guilt, the judge handles that.
Juvenile courts are typically kept closed to the public. The adjudication hearing is like a trial but will not involve a jury. Instead, the judge determines if the juvenile committed the “delinquent act,” rather than the “crime” as is the case adult trials. Instead of being found “guilty,” the defendant is an “adjudicated delinquent.”
When preparing for adjudication hearings, our juvenile criminal defense lawyers will act with your child’s best interest in mind. Judges often want to rehabilitate juveniles rather than sending them to detention right away. For example, young drug offenders might have to go to counseling and partake in community service, and we can argue for those consequences over harsher ones, like detention.
We can help juveniles and their families make the best decisions for them and the futures when handling these cases in Atlantic City.
Can My Child Be Held or Detained Because of a Criminal Complaint?
While each matter is analyzed based on its own factors and circumstances, child might be held at a juvenile facility after the filing of a criminal complaint. Whether your child will be held at a facility or released to your supervision is based on the following:
- The character and nature of the alleged criminal offense
- The need to protect society from further wrongdoing
- Failures to appear at court hearings
- A record of other criminal complaints or juvenile adjudications
- The juvenile’s failure to remain where placed by the courts.
If the state intends to hold your child, a detention hearing will take place. Hearings must be held as soon as possible and may not occur more than one day following your child’s placement into a juvenile facility.
A parent or guardian must be present at this hearing where the court will explain the charges against your child. If the initial hearing results in the detention of your child, a second hearing will be held within two business days. The child must have legal representation for this hearing. At the hearing, the prosecution will present its evidence as to why your child should continue to be held by the state. An experienced and aggressive juvenile defense lawyer can fight to have your child returned to your supervision while they wait for the judge to hear their case.
Most Common Types of Juvenile Offenses
Juvenile indiscretions are often momentarily blips motivated by the character and nature of youth and adolescence. Teens do not have the perspective or judgment that age and experience can bring and can make unfortunate mistakes. However, a childhood mistake should not affect the rest of your life. Our dedicated lawyers defend teens and adolescents against charges stemming from various alleged acts.
Some of the most common juvenile offenses include:
- Possession or distribution of drugs, especially small amounts of marijuana
- Burglary, theft, shoplifting
- Possession of weapons
- Sexual assault
- Underage drinking
In addition to the work we normally do in an adult criminal case, our juvenile criminal defense lawyers spend lots of time speaking with children and their parents about how the child can avoid similar situations in the future. With over 25 years of experience representing juveniles throughout New Jersey, including Atlantic County, Cape May County, Atlantic City, Pleasantville, Egg Harbor Township, Cape May Court House, Wildwood, Absecon, Mays Landing, and Somers Point, we have good insight into the most common patterns of juvenile criminal involvement.
Penalties for Juvenile Offenders in Atlantic City
Generally, cases involving juveniles focus on rehabilitation. Adjudicated delinquents might get into diversion programs instead of going to detention. Of course, this depends on the offense’s severity, among other factors.
For example, after a first-time drug offense, juveniles might get probation. They might have to do community service and take regular drug screenings but might avoid detention.
Juveniles might get similar penalties for underage drinking or driving under the influence. Drinking and driving as a minor or when under 21 may also mean you lose your license for a period.
Judges might be harder on juveniles who have been in court before for possession, burglary, or other offenses. Even for first-time offenses, detention may be a possibility.
After weighing the aggravating and mitigating factors under N.J.S.A. § 2A:4A-44, courts can sentence juveniles to detention.
For fourth-degree crimes, the maximum detention period is one year for juveniles.
For third-degree offenses, like certain drug possession charges and aggravated assault, the longest sentence is two years.
Juveniles who commit second-degree felonies, like sexual assault, face up to three years in detention. Also, depending on the case’s facts, juveniles might have to go on the sex offender registry in New Jersey.
First-degree felonies other than murder can mean four years in juvenile detention. Killing someone while committing another crime, like sexual assault or burglary, comes with up to a 10-year detention sentence for adjudicated delinquents. Knowingly or purposely killing someone means up to 20 years in detention for juveniles.
In addition to time in detention, community service, drug counseling, adjudicated delinquents and their families might face thousands of dollars in fines.
Can Courts Try Juveniles as Adults in Atlantic City?
Sometimes, prosecutors might petition courts to try juveniles as adults. When this happens, kids might face much longer and harsher consequences upon conviction.
Under § 2A:4A-26.1, courts can try juveniles as adults when cases meet certain criteria. First, the defendant must have been 15 or older when the alleged offense occurred. Second, the prosecution must have probable cause to think that the act, if committed by an adult, would raise to any of the following:
- Sexual assault or aggravated sexual assault
- Criminal homicide, other than fatal car accidents
- Kidnapping
- Some firearm possession charges
- Aggravated arson
- First-degree robbery
To try juveniles as adults in New Jersey, prosecutors have to take certain steps and file motions on time. Our attorneys can fight to keep your child’s case in juvenile court. Being tried as an adult not means more than facing longer prison sentences and higher fines. Adjudicated delinquents can stay in detention centers until they turn 21, after which point they will get transferred to an adult prison to wait out the rest of their sentences.
Getting Juvenile Offenses Expunged in New Jersey
Expunging your child’s juvenile record means mistakes in their youth do not follow them into adulthood.
Young drug offenders under 21 can apply for record expungement one year after being discharged from custody or finishing probation, according to § 2C:52-5.
Furthermore, under § 2C:52-4.1(b), juveniles can expunge their entire records within three years if: they have not been adjudicated of crimes or other juvenile offenses during that period, and were never convicted of a crime that would them ineligible for expungement as an adult. This includes criminal homicide, kidnapping, and sexual assault or aggravated sexual assault, among others.
You should focus on getting your child’s record expunged as soon as they are eligible. After expungement, it will be like their indiscretions never happened. No one, not landlords or potential employers, can see previous transgressions, keeping what happened in the past where it belongs.
Appealing Juvenile Criminal Cases in Atlantic City
Like other defendants, juveniles have the right to appeal their cases and a judge’s decision. After your child is found delinquent, you can file an appeal within 45 days of the judge’s decision.
This is not a long time, so it’s important to get started on your child’s appeal immediately. We can use appeals not only to challenge adjudication itself but also the punishment the judge gave your child, also known as the “disposition.”
Adjudicated delinquents can file appeals for many reasons. These include having ineffective counsel, prosecutorial misconduct, or other legal issues, like inadmissible evidence being introduced and used against juveniles.
Reasons for Juvenile Crime
The major cause of juvenile crime is not the child’s desire to commit crime but association with others who are inclined to get into trouble. We often see children with a great deal of talent and intelligence get charged with offenses. Many of these children come from loving homes and have no reason to get into trouble. They associate with other children who are inclined to commit crimes because they seek excitement and challenge that they have not found in legitimate ways. They soon find that the consequences of seeking excitement through problem friends are quite severe.
However, we find that once a child and his parents understand this pattern and structure legal and healthy outlets for the child’s energy, the child will most often engage in a quick turnaround. Although the parents may be very knowledgeable in these matters, it is particularly difficult for the child to accept the parents’ insight into their situation, especially in the 15- to 17-year-old age group. Although other professionals are certainly capable of providing the child with proper insight, we do not pass on the opportunity to do so.
Our Atlantic City Juvenile Defense Attorneys Can Help
For a free and confidential case review from the Law Offices of John J. Zarych, call our juvenile criminal defense lawyers at (609) 616-4956.
