Guide to New Jersey’s Juvenile Justice System From the Perspective of a Criminal Lawyer in NJ

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.

After an adverse disposition, the delinquent can elect to appeal his conviction.  In such cases, it is key to consult with a NJ Appeals Attorney to determine if there are appeal able issues. 

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