Can Juvenile Offenses Be Charged in Adult Court in New Jersey?

In New Jersey, like other states, the legal system differentiates between juvenile and adult offenders. Juveniles are individuals under the age of 18 and are generally subjected to a different set of rules and legal procedures. However, there are certain circumstances where juvenile offenses can be charged in an adult court. If you or your child are facing criminal charges and are being tried as an adult, it is crucial that you obtain skilled legal representation to protect your rights and future. Consult with an experienced Bergen County criminal defense attorney to discuss your situation today.

How Are Juveniles Generally Tried?

Juveniles are typically charged in Family Court. The Family Court holds hearings for individuals accused of a crime under the age of 18 and being charged as a delinquent. Most juvenile offenders receive supervised probation or time in a juvenile delinquent center.

The goal of the juvenile justice system is to prioritize rehabilitation over punishment. Juvenile offenders are children and often act out of desperation or immaturity. The state recognizes that minors should not be held to the same standards as adults so juvenile court is designed to provide care and rehabilitative services to youth to encourage good behavior and prevent them from continuing down the path they are on.

Can Juvenile Offenses Be Charged in Adult Court?

In New Jersey, a juvenile offense can be charged in adult court depending on the details of the situation. A juvenile offender can only be tried as an adult under certain circumstances that warrant more serious legal action and penalties. This is generally done through a “waiver.”

What is a Waiver to Adult Court?

A waiver occurs when a juvenile court judge determines that the juvenile’s case should be moved to adult court. It is the practice of transferring the jurisdiction of the case from Family Court to adult Criminal Court. Once the waiver is official, the juvenile is treated as an adult. They can be held in an adult jail and face the same legal penalties as an adult if convicted.

A juvenile court judge may make this transfer depending on the nature and severity of the crime, the age of the offender, and their prior criminal history. Juveniles accused of violent crimes like aggravated assault, armed robbery, murder, or certain drug offenses are more likely to be transferred to adult court than those facing charges for non-violent or less severe crimes.

Age is also an important factor in determining whether the individual will be tried as an adult or not. In New Jersey, youth aged 15 or older can be charged in adult court, though 16 and 17-year-olds are more likely to be tried as adults.

The minor’s criminal history will also help a juvenile judge make the decision to waive them to adult court or keep them in Family Court. Individuals with several prior offenses may be less likely to benefit from rehabilitation and pose a bigger threat to the community, depending on the offense.

While some juvenile offenses can be charged in adult court, there are many nuances and factors considered before a judge can make that decision. Contact a skilled lawyer for more information and legal advice today.