Juvenile DelinquencyMrs. Lauterhahn

What is Juvenile Delinquency?

• An act by a juvenile under the age of 18 that if committed by an adult would constitute a crime, a disorderly persons offense, a petty disorderly persons offense, or a violation of any other penal statute, ordinance or regulation.

What’s the Goal?

• In juvenile matters, the court’s goals are rehabilitation and accountability.

Do you need a lawyer?

• Always consider consulting an attorney for ANY legal matter or court appearance even if it’s not required.

• If a hearing is before a judge, it’s a formal hearing and you must have an attorney.

• If you fail to appear, the court may issue a warrant for your arrest.

Detainment

• You can be placed in a detention facility

• After the initial detention hearing, you must be represented by an attorney

• A judge decides whether to continue holding your child in detention.

• BAIL IS NOT AVAILABLE FOR JUVENILES!

How are juvenile cases processed?

• The court decides on how cases are handled based on the nature and seriousness of the offense, age of your child, any prior record, and willingness of parties to cooperate.

What are the consequences?

• Community service• Fines• Probation• Release to parent/guardian• Residential mental health and/or substance abuse and

alcohol treatment• Transfer of custody• Secure confinement/incarceration• Suspension of driver’s license

Consequences, cont’d

• Some types of cases require mandatory dispositions. In some types of offenses such as drug-related matters, fines must be imposed by the court.

Can a Juvenile Record be Expunged?

• For certain matters, expungement is permitted if 5 years have passed since the final discharge of the person from legal custody or supervision or if 5 years have passed since the entry of any other court order not involving custody or supervision.

• CERTAIN OFFENSES MAY NOT BE EXPUNGED!• www.njcourts.com/prose/10557_expunge_kit.pdf.

Are Juvenile Records Confidential?

• Under NJ law, juvenile records are available only to certain judicial, law enforcement and governmental agencies as specified in NJSA 2A:4A-60.

• BUT – if the offense would constitute a crime of the first, second or third degree if it were committed by an adult, or aggravated assault or destruction or damage to property in excess of $500, the juvenile’s identity, offense, adjudication and disposition shall be disclosed to the public (unless there would be some sort of harm)

Confidentiality cont’d

• Any other agency or person can only have access to the records by making a motion before a judge for good cause.

• Be aware that the charge, adjudication and disposition information is available to victims, law enforcement agencies and schools.

• Also, if you apply for certain types of military, government, or law enforcement service, you may be asked to disclose your juvenile record.

Fingerprints and DNA

• There WILL BE a record of your fingerprints and DNA!!!

Bibliography

• www.wisegeek.com• www.ew.com• www.washingtonpost.com• www.centralasiaonline.com