Understanding Juvenile Waiver Laws in New Jersey

The criminal justice system can be complicated, especially regarding juveniles. In the state of New Jersey, the legal definition of a juvenile is anyone under the age of 18. Until recently, a 14-year-old could be tried and sentenced as an adult, but that has changed. The distinction between the juvenile and adult systems is essential to understanding how the system works. In this blog post, we’ll discuss New Jersey’s juvenile delinquency laws and how the waiver process works for young offenders.

Juvenile Cases

If you are charged with something considered a crime or offense and are under 18, you’ll be charged with juvenile delinquency rather than a criminal complaint. This means that you’re not prosecuted as an adult, and the state of New Jersey seeks to serve your best interests rather than punish you. Juvenile cases are heard in family court by a family court judge. The judge assigned to the juvenile unit typically hears these cases. The primary goal of the juvenile justice system is to provide rehabilitation and help minors get back on track.

If a minor is found guilty of a crime, they can be committed to a juvenile facility for up to four years. However, they may be eligible for parole after serving only one-third of their sentence. This approach significantly differs from that of an adult, who can face 10 to 20 years in state prison if found guilty of the same crime. Furthermore, adults must serve 85% of their punishment before being eligible for parole.

When a Minor is Tried as an Adult

However, certain offenses, known as waivable offenses, may warrant a minor to be tried as an adult. Under certain circumstances, a juvenile may be charged as an adult. If the minor is 15 years old or older and is charged with serious offenses such as murder, aggravated sexual assault, or armed robbery, they may be waived from the juvenile court to the adult court.

The process can be quite intricate when it comes to waiving a juvenile to adult court for a waivable offense. To begin with, the county prosecutor must draft a memorandum outlining all the reasons for the waiver, including specific requirements that need to be met. Once approved by the county prosecutor, an application or a motion for waiver is filed, and a hearing is held. It is important to note that during this hearing, the only determination being made by the juvenile judge is whether or not there is probable cause to believe that the juvenile committed the offense in question- it is not a determination of guilt or innocence or whether or not the child is appropriate for waiver. If the judge determines probable cause is present, the child will be waived to adult court, prosecuted as an adult, and punished. The process may seem complicated and overwhelming, but ensuring justice is properly served is necessary.

Recent changes to laws regarding juveniles and adult court convictions have brought about several notable modifications. One such change is the implementation of less severe punishments for juveniles who are waived to adult court. Additionally, if a non-waivable offense results in a juvenile being waived to adult court and convicted, the matter is sent back to juvenile court for prosecution. Previously, this was not an option. Another significant alteration concerns where a juvenile offender serves their sentence if convicted in adult court. Before the amendments, juveniles were required to serve their sentence in an adult facility. These changes represent important advances in treating juvenile offenders and their legal rights.

However, serious crimes can lead to a juvenile being tried as an adult. The sentence can be severe, with the possibility of serving time in a state prison facility. As a result, it is essential to understand the laws and processes that govern juvenile offenses. With this information, juveniles and their families can work with legal professionals to safeguard their rights and achieve the best possible outcome.

Contact a Criminal Defense Lawyer Experienced in Defending Juveniles

Having a criminal record can be detrimental for your child and could prevent them from going to college or getting a job. As your criminal lawyer, it’s our job to protect your son or daughter and ensure they are treated fairly and in a way that will help them become productive, law-abiding adults. For a free consultation, call us at (609) 216-7400 or get in touch by filling in the confidential form on our website.