Guiding Your Family Through Juvenile Court With Experience and Care.
Juvenile Court Lawyer in Mount Holly – Burlington County, NJ
n New Jersey, any person under the age of 18 who is charged with a crime under the New Jersey Criminal Code (N.J.S.A. 2C:1 et seq.) must appear before the Superior Court in the county where the offense occurred. Even if the charge is for a minor offense—such as simple assault, harassment, disorderly conduct, obstruction, criminal mischief, shoplifting, theft, resisting arrest, or certain drug possession offenses—if the person charged is a juvenile, the case will be heard in the Family Division of the Superior Court, not in municipal court as it would be for an adult.
All juveniles facing criminal charges in New Jersey must be represented by an attorney during any court proceedings, without exception. This includes more serious offenses categorized as Indictable Crimes, which are classified by degrees (1st, 2nd, 3rd, or 4th). If a juvenile is found guilty or pleads guilty to an offense, the conviction becomes part of their juvenile criminal record.
Additionally, charges may arise from incidents at school or on school property, often brought by school officials.
Charged with a Crime as a Juvenile in New Jersey?
Penalties for juveniles differ from those for adults but can still have significant consequences, including impacts on future educational and employment opportunities. Juvenile cases may end in various ways, including:
- Acquittal after a not guilty finding in a bench trial
- Deferred disposition (a type of agreement to delay sentencing)
- Probation with conditions such as community service or substance abuse evaluations
- Incarceration in a Juvenile Detention Center or, for more serious cases, in a New Jersey State Prison facility like the Garden State Youth Correctional Facility
While New Jersey’s juvenile justice system focuses on rehabilitation and preventing future offenses, serious cases—particularly those involving Indictable Crimes—can lead to severe outcomes.
| Type of Offense | Adult Sentence | Juvenile Sentence |
|---|---|---|
| Murder (Homicide) | Life | Up to 20 years |
| First Degree Crimes | 10 – 20 years | Up to 4 years |
| Second Degree Crimes | 5 – 10 years | Up to 3 years |
| Third Degree Crimes | 3 – 5 years | Up to 2 years |
| Fourth Degree Crimes | Up to 18 months | Up to 1 year |
| Disorderly Persons | Up to 6 months | Up to 6 months |
| Petty Disorderly/Persons Offenses | Up to 90 days | At the discretion of the court |
After a juvenile has been adjudicated delinquent or convicted after trial, the court must consider several factors before accepting a plea or imposing a sentence. These factors are outlined in N.J.S.A. 2A:4A-44 and include:
- The nature and circumstances of the offense;
- The extent of the damage or injury caused by the offense;
- The potential threat (if any) that the juvenile poses to the public safety;
- The age, previous adjudications against or lack thereof, and any social services the Juvenile may participate in / benefit from;
- The Juvenile’s physical, psychological, social, academic, and developmental needs;
- The character and attitude of the Juvenile;
- The impact on the community and/or victim’s with regard to the conduct of the Juvenile;
- If the proposed resolution or disposition supports family strength and unity, as well as the juvenile’s well-being and physical safety;
- If the disposition provides for reasonable participation by the Juvenile’s parent or guardian; and
- Any additional aspects of the juvenile’s history as may be deemed relevant by the Court.
Having an attorney who understands the available defenses and can advocate for the best possible outcome is crucial in avoiding harsh penalties and long-term consequences. If you are facing juvenile court proceedings, contact the Law Office of Nicholas A. Moschella, Jr., LLC at (609) 875-2775 for a FREE CONSULTATION.