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.
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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.
About the Author
Jason A. Volet
Certified by the Supreme Court of New Jersey as a criminal trial attorney, Jason A. Volet focuses his practice exclusively on criminal and municipal defense in New Jersey and New York. He earned his B.A. in political science from Rutgers College in 1995 and his J.D. from the Hofstra University School of Law in 1998. Mr. Volet began his career in the Monmouth County Prosecutor’s Office, where he gained extensive experience prosecuting both juvenile and adult offenders. Now, as a criminal defense attorney, he uses that experience to fight for the rights of individuals who have been charged with a crime.
