Ocean County Criminal Attorney: Juvenile Prosecution explained.
Our Ocean County Juvenile Crime Lawyers have represented juveniles facing being adjudicated delinquent and know that it is a serious matter. It can cause hardship for opportunities in the future including: employment, a driver’s license, as well as other opportunities in life.
Therefore, it is important to take advantage of a free consultation with Riviere Cresci & Singer LLC and listen to what one of our experienced Juvenile Defense Lawyers has to offer by way of formulating a defense to for your son or daughter.
Our Ocean County Juvenile Crime Lawyers have represented juveniles facing criminal charges and know that it is a serious matter. Contact a Ocean County Juvenile Crime Lawyer at Riviere Cresci & Singer LLC. (732)-646-5529
The New Jersey Code of Juvenile Justice defines a juvenile as “any individual who is under the age of eighteen years.” N.J.S.A. 2A:4A-60. Juveniles are charged with acts of delinquency upon the State’s filing of a complaint. The complaint must be signed by an individual who (a) has knowledge of the facts alleged to constitute delinquency, or (b) is informed of such facts constituting the delinquent act and believes them to be true, the signor doesn’t necessarily need to be a police officer.
One very distinguishing factor about the Juvenile system in New Jersey is that these matters, which are criminal in nature, are not heard in the Criminal Court, rather they are heard by the Family Court, which has jurisdiction in the matter and may enter a disposition adjudicating the juvenile delinquent. The Family Judge can adjudicate the child a delinquent when the Judge finds that the juvenile has committed one of the following: (1) an act that, as an adult, would constitute a crime; (2) a disorderly persons or petty disorderly persons offense; or (3) a violation of any penal statute, ordinance, or regulation.
Furthermore, the code does not deem juvenile delinquents to be criminals and also it does not impose any of the civil disabilities that accompany an adult conviction.
As previously mentioned Juvenile prosecutions are held in Family Court. However a Juvenile case may be transferred to adult court by two methods: (1) by election of the juvenile; or (2) by motion of the prosecutor. Once the venue is changed from Family to Criminal Court, the case proceeds as if it had originated there.
When a juvenile is adjudicated delinquent he/she can seek an expungement if that juvenile act would have been a(n): crime, disorderly person’s offense, ordinance violation as if the acts had been committed by an adult. Generally, juveniles that were adjudicated delinquent may have their entire record of delinquency expunged if:
- It has been five or more years since the petitioner’s final discharge from custody/supervision, or it has been at least five years after the entry of any other court order, not involving custody/supervision; and,
- The petitioner has not been convicted of: (a) a crime, a disorderly persons offense, or (b) adjudicated delinquent, or (c) in need of supervision, during the previous 5 years, and no criminal proceeding or complaint is pending seeking a conviction or adjudication; and,
- The petitioner has never been adjudicated a juvenile delinquent on the basis of an act which, if committed by an adult, would be ineligible for expungement (listed at N.J.S.A. 2C:52-2); and,
- The petitioner has never had an adult conviction expunged; and,
- The petitioner has never had adult criminal charges dismissed, following completion of a supervisory treatment or other diversionary program.
The Expungement Process can give the petitioner (delinquent) the clean slate that they need to move forward with life.
Take advantage of a free consultation with Riviere Cresci & Singer LLC and listen to what one of our experienced Juvenile Defense Lawyers has to offer by way of formulating a defense for your son or daughter.