A juvenile arrest can be a distressing and confusing experience for both the minor and their parents. Navigating the legal system is challenging, and understanding the appropriate steps to take is crucial. At The Scardella Law Firm LLC, we are dedicated to providing compassionate and effective legal support for families during these difficult times. This comprehensive guide aims to help parents understand the essential steps to handle a juvenile arrest in New Jersey, ensuring the best possible outcome for their child.
Understanding Juvenile Arrests in New Jersey
Juvenile arrests in New Jersey are treated differently than adult arrests. The juvenile justice system focuses on rehabilitation rather than punishment. It is crucial for parents to understand the key differences and the importance of immediate and appropriate action.
Key Differences Between Juvenile and Adult Justice Systems
- Rehabilitation Focus: The juvenile justice system prioritizes rehabilitation, education, and reintegration into society.
- Confidentiality: Juvenile records are generally private, offering minors a chance to move past their mistakes without a permanent criminal record.
- Court Procedures: Juvenile court procedures differ from adult courts, often involving more informal settings and different terminology.
Immediate Steps to Take When Your Child Is Arrested
Stay Calm and Collected
Your initial reaction can set the tone for the entire process. It’s important to stay calm and reassure your child that you are there to support them. Panic and anger can exacerbate the situation.
Understand Your Child’s Rights
Minors have rights that must be respected during the arrest process, including the right to remain silent and the right to an attorney. Ensure your child understands these rights and exercises them appropriately.
Contact an Experienced Juvenile Defense Attorney
One of the most critical steps is to contact an experienced juvenile defense attorney. The legal team at The Scardella Law Firm LLC, has extensive experience in juvenile defense and can provide the guidance and representation needed to navigate the complexities of the juvenile justice system.
Gather Information
Obtain as much information as possible about the arrest, including the charges, the arresting officer’s details, and where your child is being held. This information will be essential for your attorney.
Do Not Speak to Law Enforcement Without an Attorney Present
Advise your child not to speak to law enforcement without an attorney present. Anything said can be used against them in court. It’s crucial to have legal representation to protect your child’s rights.
Navigating the Juvenile Justice Process
Initial Detention Hearing
If your child is being held in custody, then within 24 hours of the arrest, a detention hearing will be held to determine if your child will be released or held until the trial. Your attorney will advocate for your child’s release, arguing that they are not a flight risk and do not pose a danger to the community.
Diversion Programs
New Jersey offers diversion programs aimed at rehabilitation, such as community service, counseling, or educational programs. Successful completion of these programs can result in the dismissal of charges. Your attorney can help determine if your child is eligible for such programs.
Pretrial and Trial Proceedings
The pretrial phase involves evidence gathering, plea bargaining, and motions. If the case goes to trial, the judge will hear the case and make a determination. Unlike adult courts, there are no jury trials in the juvenile system.
Post-Trial Outcomes and Records
Possible Outcomes
- Dismissal of Charges: Charges may be dismissed if the evidence is insufficient or if your child successfully completes a diversion program.
- Probation: The court may impose probation with specific conditions that your child must follow.
- Placement: In some cases, the court may order placement in a juvenile facility.
Sealing of Records
Juvenile records in New Jersey are typically sealed, meaning they are not accessible to the public. This allows your child the opportunity to move forward without the burden of a permanent criminal record. Your attorney can guide you through the process of ensuring these records remain sealed.
The Importance of Legal Representation
Having an experienced juvenile defense attorney is crucial to navigating the juvenile justice system effectively. The Scardella Law Firm LLC, is committed to providing personalized and compassionate legal representation, ensuring that your child’s rights are protected and that they receive the support needed to move forward positively.
Why Choose The Scardella Law Firm LLC
- Experience and Knowledge: Lauren Scardella, Esq. has a deep understanding of the juvenile justice system in New Jersey and a proven track record of successful outcomes.
- Compassionate Support: We provide empathetic and non-judgmental support to families, understanding the emotional toll of a juvenile arrest.
- Tailored Defense Strategies: We develop customized defense strategies that focus on the unique circumstances of each case, aiming for the best possible outcome.
Protect Your Child’s Future: Get Legal Help Today
At The Scardella Law Firm LLC, we understand the anxiety and confusion that come with a juvenile arrest. Lauren Scardella, Esq. is a dedicated New Jersey criminal defense attorney who is there to provide compassionate and effective legal representation for minors. We focus on safeguarding your child’s future by navigating the complexities of the juvenile justice system with precision and care. Whether it’s through negotiating for diversion programs or advocating for your child’s rights in court, we are committed to achieving the best possible outcome for your family. Contact us today to discuss your case and ensure your child receives the support they need during this challenging time.