Having your child face juvenile crime charges is a frightening experience for any parent. Though, in New Jersey, juvenile crime laws aim to rehabilitate rather than punish, a conviction can still affect a young person’s future. As such, keeping your child’s record clean is crucial for their well-being and future opportunities.
Here’s a comprehensive guide on how a juvenile defense lawyer can help you navigate the legal process, understand the charges, and protect your child’s record.
Understanding Juvenile Crimes in New Jersey
In New Jersey, juvenile crimes encompass any criminal acts committed by individuals under the age of 18. While the juvenile justice system is designed with a focus on rehabilitation rather than punishment, the consequences can still be severe. Juvenile offenses in New Jersey range from minor infractions, like vandalism or underage drinking, to more serious charges, such as theft or assault.
A criminal defense lawyer experienced in juvenile cases can explain the implications of the specific charges and help guide your family through each stage of the legal process. It’s important to understand that the state has specific laws to handle these cases. Your child’s future may depend on having the right legal support.
The Juvenile Justice Process in New Jersey
When a minor is charged with a crime, the juvenile justice process differs significantly from adult criminal proceedings. Instead of facing a criminal trial, the juvenile will attend a hearing in family court, where the focus is often on determining what type of intervention will be most beneficial for their rehabilitation.
In some cases, however, the severity of the charges may lead the prosecutor to request a waiver to try the juvenile as an adult. This is more likely in serious cases such as robbery, violent crimes, or drug trafficking. Having an experienced juvenile defense lawyer on your side can be instrumental in arguing against this waiver, ensuring your child remains within the juvenile system, where they can access age-appropriate resources.
Common Mistakes That Can Affect a Juvenile Record
When facing juvenile charges, it’s crucial to avoid certain common mistakes that can impact your child’s record. For example, many parents believe that a juvenile record will be automatically expunged once their child turns 18. However, in New Jersey, that isn’t necessarily the case. While some juvenile records can be expunged, it requires a formal request through the New Jersey courts and may not apply to certain offenses.
Another common mistake is underestimating the long-term impact of a juvenile charge. Colleges, employers, and even the military may ask about juvenile records, which could affect admission, scholarships, or job opportunities. Consulting a criminal defense lawyer early in the process helps avoid these pitfalls and protects your child’s future.
Diversion Programs and Alternatives to Juvenile Conviction
New Jersey offers various diversion programs that focus on rehabilitation and community service, allowing minors to avoid a formal conviction. Programs like the Juvenile Conference Committee (JCC) and Intake Service Conference (ISC) provide options for non-violent, first-time offenders to complete certain requirements in exchange for having their charges dismissed.
For example, a teenager charged with shoplifting may be eligible for one of these programs, where they agree to complete community service, attend counseling, or make restitution to the affected party. Successfully completing these requirements means the charge is dropped, and the minor avoids a criminal record. A juvenile defense lawyer can advocate for these alternatives, helping your child keep their record clean.
How a Juvenile Defense Lawyer Can Help Dismiss Charges
If your child’s case goes to court, a juvenile defense lawyer can work to get the charges reduced or dismissed by challenging the evidence against them. For instance, if a minor is accused of trespassing, the lawyer may investigate whether there was proper signage or if the child was invited onto the property. By scrutinizing evidence and questioning the legality of the arrest, your lawyer may be able to expose inconsistencies or rights violations that could lead to a dismissal of the charges.
Additionally, lawyers often work with prosecutors to negotiate a lesser charge, such as reducing a theft charge to a lesser infraction. This approach may involve entering a plea agreement to avoid a trial, which can be especially beneficial for keeping your child’s record clean.
The Role of Rehabilitation in Juvenile Cases
As mentioned above, New Jersey’s juvenile justice system emphasizes rehabilitation over punishment. Sentencing options often include probation, counseling, community service, and educational programs designed to help minors reform. For instance, a young person charged with drug possession may be required to attend substance abuse counseling or participate in a mentorship program instead of receiving a custodial sentence.
A juvenile defense lawyer can highlight your child’s strengths, such as academic achievements or volunteer work, to emphasize their commitment to change. Presenting these positive factors can sway the court to favor rehabilitation programs rather than harsher penalties, helping your child avoid a permanent record.
Expunging Juvenile Records in New Jersey
In certain cases, New Jersey allows for juvenile records to be expunged, meaning they are erased from public records. However, this process is not automatic, and not all offenses qualify. Crimes that involve violence or significant property damage, for instance, may not be eligible. Typically, you must wait five years after the final case resolution before applying for expungement.
An experienced criminal defense lawyer can help determine if your child’s record qualifies for expungement and guide you through the process. This step is crucial for restoring their clean record, which can significantly improve their future opportunities in higher education and employment.
The Importance of Early Legal Representation in Juvenile Cases
Hiring a juvenile defense lawyer as soon as your child faces charges can make a significant difference in the outcome of their case. An attorney can intervene early, often before formal charges are filed, to negotiate alternatives or participate in diversion programs. Additionally, early legal representation ensures that your child’s rights are protected during any police questioning, preventing self-incriminating statements from being used against them.
In New Jersey, juvenile crime cases move quickly, so having a lawyer from the start ensures you have the strongest defense possible. A criminal defense lawyer experienced in juvenile cases understands the unique needs of young defendants and can advocate for approaches focused on rehabilitation, not punishment.
Call The Scardella Law Firm LLC in New Jersey for Skilled Juvenile Defense Representation and Protect Your Child’s Future Today
If your child is facing juvenile charges in New Jersey, don’t wait to get the legal support they need. Lauren E. Scardella, Esq. is experienced in juvenile defense cases, providing compassionate, strategic representation to protect your child’s rights and future. She understands the complexities of New Jersey’s juvenile justice system and is dedicated to helping families navigate this challenging time.
Contact her today for a free consultation. Call (609)-372-5285 to learn how she can work to keep your child’s record clean and secure their future.
Disclaimer: The information provided is not legal advice and does not establish an attorney-client relationship.