Best Juvenile Law Lawyers in New Jersey

About Juvenile Law in New Jersey, United States

Juvenile Law in New Jersey refers to the specialized area of law that governs the treatment, rights, and responsibilities of minors who are accused of committing criminal offenses, or who are otherwise under the jurisdiction of the family court system. In New Jersey, individuals under the age of 18 are considered juveniles for the purposes of this legal system. The goal of juvenile law is to address delinquent behavior among minors with an emphasis on rehabilitation rather than punishment, while also ensuring public safety and holding the youth accountable in an age-appropriate way.

Why You May Need a Lawyer

Legal representation is crucial in juvenile law cases because the consequences can be significant, affecting both the immediate outcome and the minor's future opportunities. Common situations where you may need a lawyer include:

• Your child has been arrested or charged with a crime, such as theft, assault, underage drinking, or drug possession
• You have received notice that your child must appear in juvenile court
• Your family is involved in child protective services investigations (Division of Child Protection and Permanency, sometimes called DCP&P or DYFS)
• Your child is facing possible detention or commitment to a juvenile facility
• There are allegations of truancy or repeated unexcused absence from school
• Your child is at risk of being tried as an adult for a serious offense

A lawyer can guide you through the legal process, protect your child's rights, and work to achieve the best possible outcome, whether through diversion programs, plea negotiations, or courtroom defense.

Local Laws Overview

New Jersey's juvenile justice system is governed by state statutes, especially the New Jersey Code of Juvenile Justice. Key aspects of local laws and procedures relevant to juvenile law include:

• Juvenile cases are generally heard in Family Court, not criminal court, and proceedings are typically closed to the public to protect the minor's privacy.
• The court aims to rehabilitate rather than punish juveniles, offering alternatives to detention such as counseling, community service, probation, or diversion programs.
• Certain serious offenses can lead to a juvenile being "waived up" to adult court, where penalties can be more severe.
• Juvenile records are not automatically erased at age 18 but can often be expunged (cleared) after certain conditions are met.
• Parents or guardians are usually required to participate in court proceedings and sometimes in mandatory counseling or intervention programs.
• The Division of Child Protection and Permanency may become involved if abuse or neglect is suspected, leading to separate legal issues such as dependency or parental rights cases.
• New Jersey has specific rules governing juvenile interrogations, including the requirement for parental involvement or notification in most cases.

Frequently Asked Questions

What happens when a juvenile is arrested in New Jersey?

After arrest, the police may release the minor to a guardian or hold them for a detention hearing. The court will then decide if the child remains in custody or is released pending further proceedings.

Will my child have a criminal record?

Juvenile records are not considered "criminal" in the traditional sense, but they do exist and can have impacts on future opportunities. Records may be eligible for expungement after the case concludes and certain conditions are met.

Can a juvenile be tried as an adult?

Yes, for very serious offenses, New Jersey courts have the authority to transfer juveniles to adult court. This process typically applies to older teens and depends on the severity of the alleged crime.

What types of punishments or interventions can a juvenile court order?

Courts can order probation, counseling, restitution, community service, driver’s license suspension, or placement in a detention or residential facility. The emphasis is usually on rehabilitation.

Do parents have to attend juvenile court proceedings?

Yes, parents or guardians are generally required to attend hearings and may also need to participate in family counseling or related programs if ordered by the court.

What are diversion programs?

Diversion programs offer eligible juveniles an alternative to formal court processing, often involving counseling, community service, or educational workshops. Successful completion can result in dismissal of charges.

How does the court determine if a minor stays in detention?

The court considers the seriousness of the offense, risk to public safety, and likelihood of appearing at future court dates when deciding on pretrial detention.

Can the public attend juvenile court hearings?

Most juvenile hearings are closed to the public to protect the privacy of minors, with some exceptions in cases involving very serious crimes.

How can I get my child’s juvenile record expunged?

You can apply for expungement through a formal legal process after waiting periods and other requirements, such as completion of sentences and proof of rehabilitation, have been fulfilled.

Who can I contact for more information about my child’s rights?

You can speak with a qualified juvenile defense attorney or contact local organizations specializing in juvenile law and youth advocacy for more information.

Additional Resources

If you need more information or support, consider reaching out to these resources:

• New Jersey Juvenile Justice Commission - Provides information on juvenile justice processes, detention centers, and rehabilitation programs
• New Jersey Courts Family Practice Division - Offers guidance on family court procedures and juvenile cases
• Legal Services of New Jersey - Provides legal advice and representation for qualifying families with low income
• Division of Child Protection and Permanency (DCP&P) - Handles allegations of child abuse or neglect and coordinates support services
• New Jersey State Bar Association - Can help locate qualified juvenile law attorneys in your area

Next Steps

If you or your child is involved in a juvenile law matter in New Jersey, it is important to act quickly. Here are practical steps you can take:

• Consult with a qualified juvenile law attorney as soon as possible to understand your rights and options
• Gather all important documents, such as court notices, police reports, and school records
• Attend all scheduled hearings and participate fully in any required programs
• Follow legal advice to avoid actions that could worsen the case, such as missing court dates or violating probation terms
• Explore community-based programs or counseling services that may help support your child's rehabilitation

Remember that every juvenile law case is unique. Professional legal assistance can make a significant difference in protecting your child's future and navigating the complexities of the New Jersey legal system.