Any parent would be worried to learn that their underage child had been charged with a crime. In addition to immediate concerns about penalties, including possible detention, a conviction can have serious long-term consequences for a young person’s life. A parent who hears from police that their child has been arrested needs to do two things immediately: secure their child’s release and seek guidance from a juvenile defense lawyer. The Law Office of Jason A. Volet in Freehold and Neptune, NJ, can help you on both counts. Attorney Jason Volet handles juvenile crime defense cases. If contacted promptly, he can move quickly to secure your underage child’s release to your custody in most situations. Then he can work to defend your child from all pending charges while explaining to you what is happening at every step in the process.

What Happens to a Child Arrested in New Jersey?

A young person under the age of 18 may be charged with delinquency for any act that would constitute a crime if it was committed by an adult: a disorderly persons offense, a petty disorderly persons offense, or a violation of any other penal statute, ordinance or regulation. In most juvenile cases, police have signed a complaint against the child based on either personal observation or information from others, such as alleged victims. School officials can also sign complaints, as can probation officers in cases of violations of probation (VOPs). Typically, a juvenile is released to a parent or guardian. There is no bail for juveniles in New Jersey. Upon release, the parent or guardian receives notice of when and where to appear to address the juvenile charge. In some cases, a child may be taken into custody and held in a juvenile facility based on the nature of the offense, the need to protect society, a past record of juvenile delinquency, a failure to appear at a court proceeding, or having runaway after previous placement by the court or court intake service. If a child is held, there must be a hearing within 24 hours at which the prosecutor must show a judge why the juvenile should be detained. If the child is held further, the court will continue to hold regular hearings requiring the state to justify continued detention. All juveniles facing formal charges in court must be represented by a defense attorney. If the parents are unable to hire an attorney to defend their child, a public defender will be appointed. However, an initial consultation with the Law Office of Jason A. Volet is free and will help you understand the proper steps to take. We will work with parents for the release of their child and the provision of other legal aid.

What Is Juvenile Court in New Jersey?

Juvenile offenses are heard in the Family Division of the New Jersey Superior Court, or Family Court. A Family Court judge will decide how a juvenile’s case will be handled based on the nature and seriousness of the offense, the child’s age, any prior record, and the willingness of parties involved to cooperate. A juvenile’s case may be referred to:

• Juvenile Conference Committee (JCC) or Intake Services Conference (ISC). The JCC is made up of appointed citizen volunteers and the ISC consists of judicial staff members. In either process, the child, parents, alleged victim, and/or others involved in the alleged offense must come to an agreement as to how the juvenile will be held accountable. The recommended resolution is presented to the court for approval. The resolution of the case might include conditions such as curfew, counseling, evaluation, community service, and restitution.

• Juvenile referee (informal court). In this informal hearing, the juvenile may admit or deny delinquency. The referee, a trained appointee of the court, will weigh the facts and make a determination. If the referee makes an adjudication against the juvenile, he or she recommends a disposition to the Family Court. This may be any penalty available to the court, except for any placement that takes the child out of their home.

• Judge (formal court). At this hearing, your child will be expected to enter a plea admitting or denying the charge(s). If the facts in the case are disputed, the Family Court judge will decide the case based on testimony and other evidence presented. If the judge finds your child delinquent, the judge will impose a disposition in accordance with New Jersey law. The court can order any disposition to aid in your child’s rehabilitation and to reinforce your child’s accountability, including fines, community service, and/or a term of supervision such as probation, deferred disposition, or a period of confinement.

In juvenile matters, the courts are supposed to focus on rehabilitation and accountability of the young offender. This offers an opportunity for an experienced juvenile defense attorney to explore alternatives available to your child and work to ensure an outcome that serves your child’s best interests.

What Are My Child’s Rights?

While police and the courts do treat children differently than adults, juveniles facing charges still have the basic right to representation, protections against self-incrimination, and the right to face and challenge their accusers. After an arrest, the child and parents should:

• Meet with an attorney. Attorney Jason Volet can make sure your child’s rights are protected throughout the judicial process. Jason is friendly and non-judgmental. He will take the time to understand the circumstances of your child’s arrest and other factors relevant to the situation. He can present a vigorous defense, including challenging the prosecutor’s witnesses and other evidence.

• Decline discussions with prosecutors and others. Neither you nor your child should speak to police, prosecutors, members of a Juvenile Conference Committee or Intake Services Conference, or a judge without an attorney present. The JCC and ISC do not require attorneys. But your attorney is the only person in the process who is legally required to advocate for your child.

• Help prepare your case. There may be an opportunity to present evidence that is favorable to your child’s defense. Your child should be honest and forthright and explain the facts of the case as he or she understands them.

Contact Our Juvenile Defense Attorneys Today

A New Jersey juvenile crimes defense lawyer at the Law Office of Jason A. Volet in Freehold and Neptune, NJ, is prepared to explain your legal options, protect your child’s rights and defend your child in court if necessary. Contact a member of our dedicated legal team at 732-491-8477 to discuss the specifics of your case.

When we work with the parents of young people facing criminal charges in NJ, most often the parents’ primary concern is whether their child might go to jail.
We are happy that we can assure them in most cases that New Jersey juvenile courts focus on helping wayward young people (under age 18) turn their lives around rather than jailing them.

In cases of serious criminal offenses involving murder, armed robbery, assault, or sexual assault, the juvenile may be tried as an adult and face time in prison if convicted.

But in most cases, such as juvenile drug offenses the New Jersey juvenile justice system makes alternative sentencing options available to judges.
The options may include probation with requirements ranging from performing community service to completing a treatment program.
There are significant differences between New Jersey’s adult criminal justice system and how the state deals with juvenile offenders.
Many decisions about juvenile offenders are made by committees dedicated to the juvenile justice system.
One thing that holds true regardless is that a young person charged with a crime needs an experienced defense lawyer to stand up for his or her rights.
In fact, New Jersey law requires charged juveniles to be represented by an attorney.

Attorney Jason A. Volet, a former Monmouth County prosecutor, knows New Jersey’s justice system and focuses on protecting the rights of the accused, including juveniles.
Contact Jason to discuss putting his knowledge and legal skills to work for you and your child.

What Are the Factors for Consideration During Juvenile Sentencing in New Jersey?

Juvenile offenses are most often heard in the Family Division of the New Jersey Superior Court, or Family Court.
Juvenile Court is conducted according to rules designed for adjudication of juvenile cases.
The focus of the system is to help, assist and rehabilitate a child rather than punish. New Jersey’s Juvenile Code provides judges a wide array of dispositions, or sentences when an offender is judged to be delinquent.
These decisions are made by a Family Court judge and a committee known as a mobile classification team.
Once a juvenile is sentenced, he or she is assigned a specific custody level and treatment program based on the assessment of the child’s supervision requirements and service needs.

Among the factors considered are:

• The nature and circumstances of the offense
• The degree of injury to persons or damage to property caused by the juvenile’s offense
• The juvenile’s age, previous record, and out-of-home placement history
• Whether the disposition supports family strength, responsibility and unity, and the well-being and physical safety of the juvenile
• Whether the disposition provides for reasonable participation by the child’s parent, guardian, or custodian.
• Whether the disposition treats the physical, psychological, and social needs of the child
• Whether the disposition contributes to the developmental needs of the child, including the academic and social needs of a child who has learning disabilities
• Any other circumstances related to the offense and the juvenile’s social history as deemed appropriate by the court
• The impact of the offense on the victim or victims
• The impact of the offense on the community
• The threat to the safety of the public posed by the child.

What Are Potential Sentences in New Jersey Juvenile Cases?

The potential dispositions that may be handed down in juvenile cases vary greatly according to the offense and what’s best for the child. Some dispositions available to the Court include:

• Adjourned disposition (delay decisions for up to 12 months with restrictions)
• Release the child to parent or guardian, with or without conditions
• Probation for up to three years
• Fines
• Payment of restitution
• Community service
• Counseling
• Suspension of driver’s license for up to two years
• Required parental involvement in counseling, and restitution.
• Transfer of custody
• Diversionary program
• Secure confinement/incarceration
• Residential mental health and/or substance abuse treatment
• Work, outdoor, academic, and/or vocational programs
• Other conditions reasonably related to the rehabilitation of the juvenile.

The disposition handed down might include a combination of programs and conditions. The disposition most commonly handed down is some form of supervised probation.
Probation may be ordered along with restitution, community service, or other requirements, such as undergoing counseling.
If a juvenile is to be incarcerated, the terms may vary depending on the offense. But the average sentence is two years, according to the N.J. Attorney General’s Office.
If a commitment is suspended, the juvenile offender may be placed on probation and sent to a non-institutional residential program.
There are two mandatory dispositions under New Jersey law:

• Theft of a motor vehicle, unlawful taking of a motor vehicle, and third-degree eluding: The court must impose 60 days of community service.
• Fourth-degree unlawful taking of a motor vehicle: The court must impose at least 30 days of community service.

What Are the Incarceration Sentencing Guidelines for Juveniles vs. Adults in New Jersey?

Sentencing for Major Crimes

For major crimes that result in imprisonment, New Jersey has set lower maximum terms of incarceration for juveniles than for adults:

• Purposeful or knowing murder: 20 years vs. life for adults
• Felony murder: 10 years vs. life for adults
• First-degree crimes other than murder: 4 years vs. 20 years for adults
• Second-degree crimes: 3 years vs. 10 years for adults
• Third-degree crimes: 2 years vs. 5 years for adults
• Fourth-degree crimes: 12 months vs. 18 months for adults

If a juvenile is already a repeat offender who has two previous convictions for first-degree or second-degree offenses, the maximum disposition may be extended for:

• Murder: 5 additional years
• All other first-degree offenses: 3 additional years
• Second-degree offenses: 2 additional years
• Third-degree offenses: 1 additional year.

Get the Help of an NJ Juvenile Crimes Defense Attorney

A child charged with a crime in New Jersey may avoid jail if convicted, but their life will likely be put under the state’s supervision through a probation program or residential treatment program. A judge could remove your child from your custody or in some cases, your child could face prison time, depending on the offense.
It is best to contact an experienced New Jersey juvenile defense attorney as soon as possible if your child has been arrested or detained.
Call The Law Office of Jason A. Volet at (732) 491-8477 or reach out online for assistance in Freehold, Neptune, and throughout Monmouth County and surrounding areas of New Jersey.

Visit Our New Jersey Juvenile Crimes Defense Law Offices

A juvenile who has for the first time committed a minor crime in New Jersey may be offered a second chance through a “deferred disposition” handed down by the juvenile court. This is a type of probation that, if successfully completed, wipes the slate clean for the young person, preventing him or her from having a criminal record. If your son or daughter has been charged with a criminal offense as a juvenile, you need to obtain legal representation from an experienced New Jersey juvenile crimes lawyer. A judge must be convinced to offer an accused juvenile offender a second chance. Without proper assistance, your child could face serious short-term and long-term consequences from the charges against them. Juvenile justice defense attorney Jason Volet can help you and your child. He knows how New Jersey’s juvenile justice system works and can help to ensure the best outcome for your child. Call The Law Office of Jason A. Volet today at (732) 491-8477 or reach out to us online to get immediate help.

What is Deferred Disposition in New Jersey?

As the term implies, a deferred disposition puts off the decision as to the final outcome of a criminal case against a juvenile. Instead of deciding whether the juvenile has been “adjudicated delinquent” (found guilty), the judge allows the young person to go free with a few conditions that allow the child to demonstrate to the court that he or she is staying out of trouble. A juvenile offender who receives a deferred disposition will be assigned a probation officer and a time period during which he or she must meet certain conditions, such as not drinking or smoking, meeting a curfew — and not repeating the offense, or being arrested again. If the original charge involved drinking or marijuana possession, alcohol or drug testing may be required during the deferral. A deferral may be for up to a year, during which the offender will be required to check in with the probation officer in person or by phone. At the end of the deferred disposition term, the probation officer will update the court. If the young person has met other conditions of the deferral, the court will dismiss the original charges. The juvenile will be free and have no record, with all identifying information, such as mug shot, fingerprints, and DNA, destroyed. If the young person has failed to walk the line, he or she will have to return to court and face adjudication as a juvenile delinquent.

How to Qualify for Deferred Disposition in NJ

New Jersey courts may offer deferred dispositions to juvenile offenders (under age 15) who have no prior record and who have been charged with a minor crime. Juvenile offenses that are often subject to deferred dispositions include:

• Trespassing
• Disorderly conduct
• Simple assault
• Shoplifting
• Possession of drug paraphernalia
• Possession of fewer than 50 grams of marijuana

Whether to defer disposition of the charges against a juvenile is entirely up to the presiding juvenile judge. The judge must consider the facts of the case and be persuaded that the young person will comply with the requirements of the deferral and that this will be of benefit to the child without imposing on the community or victim of the crime.

How to Get a Deferred Disposition in NJ

New Jersey courts take a progressive approach to rehabilitating young people charged as juvenile offenders rather than punishing them. While juveniles may face harsh punishment for major crimes, sex crimes, crimes of violence, and, increasingly, cybercrimes, there are multiple diversionary and probationary programs available to most first-time juvenile offenders. A deferred disposition is the best outcome available for a juvenile who cannot avoid adjudication as an offender. But it is not automatic. A deferred disposition is a conclusion that the young person committed a minor offense as charged, but that what’s best for the child is to give them a chance to show they can stay out of trouble. When deciding what is best for a juvenile offender, a New Jersey judge must consider:

• The nature and circumstances of the offense
• The degree of injury to persons or damage to property caused by the juvenile’s offense
• The juvenile’s age, previous record, prior social services received, and out-of-home placement history
• Whether deferred disposition will support family strength, responsibility and unity, and the well-being and physical safety of the juvenile
• Whether deferred disposition will enable reasonable participation by the child’s parent, guardian, or custodian in the child’s rehabilitation
• Whether deferred disposition recognizes and treats the unique physical, psychological and social characteristics and needs of the child
• Whether deferred disposition will contribute to the developmental needs of the child, including the academic and social needs of a child who has intellectual disabilities or learning disabilities
• Any other circumstances related to the offense and the juvenile’s social history as deemed appropriate by the court
• The impact of the offense on the victim or victims
• The impact of the offense on the community
• The threat to the safety of the public or any individual posed by the child.

Attorney Jason A. Volet can make the case for your child to receive a deferred disposition of charges against him or her if that outcome is available. He can present a carefully prepared argument to the court as to why deferred disposition is what is best for your child, including your child’s understanding and remorse for the offense, willingness to comply with conditions of the deferral, age, and record.

Contact a New Jersey Juvenile Defense Lawyer Today

You should contact an experienced New Jersey juvenile defense attorney as soon as you learn of charges against your child. Jason A. Volet will carefully review the case, explain your child’s rights and options, answer your questions and – above all – work diligently to obtain the best outcome possible. If available, Jason will develop a persuasive argument for the judge to grant a deferred disposition in your child’s case. Don’t wait to get legal help if your child has been arrested. Any charges should be addressed immediately to ensure the best results. Phone (732) 491-8477 for The Law Office of Jason A. Volet today or contact us online – any day of the week, any time of day. We serve clients in Freehold, Neptune, and throughout Monmouth County and surrounding areas in New Jersey.