In continuing with New Jersey’s Juvenile Justice System, we
now look at the later stages of the juvenile proceeding. Remember, in order to effectively navigate
these proceedings, it is crucial to consult with a criminal lawyer in NJ who
has the expertise to properly represent you or your loved one.
Probable Cause Hearing
In cases where a delinquent remains in carcerated after the
first hearing, within 2 days a probable cause hearing will be conducted in
Family Court. In the event that the judge does not find probable cause that the child
committed the act he or she is accused of, the child will be released and the
charges will be dismissed. If probable
cause is found, either a pre-trial date or a trial (adjudication) date will be
set by the court.
Plea or Trial
In the event that a juvenile chooses to plead guilty, an
effective criminal lawyer in NJ can negotiate a deal that is favorable
to the juvenile. In more minor cases and
matters where the juvenile has no criminal history, an attorney can negotiate
for counseling, community service as well as other programs as an alternative
to detention. Traditional punishments
such as probation are available, but even those can be catered to the needs of
the child.
In the event that the child elects to go to trial, he or she
will not be in front of a jury but will be in front of a judge. However, in most other respects the trial
process is similar to the process in adult court. In the event that a child is found guilty
then the case proceeds to sentencing or a dis-positional hearing.
Dis-positional Hearing
At the dis-positional
hearing, the judge will mold a program aimed at rehabilitating the child. The Court
will consider the plan set forth by probation and the prosecutor. Also, the court reviews any statements made
by the parents.The court will adopt a disposition,which may include counseling,
detention, intensive supervision, community service, and placement in a
residential home for therapy.
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