Juvenile Crimes

New Jersey Law and court rule give a Prosecutor 30 days to decide to determine if a juvenile should be referred from Family Part to Criminal Part to be tried as an adult. This is without a juvenile’s consent.

The Prosecutor’s motion to the Family Party must be when the juvenile is 16 or older, and there is probable cause to believe that they have committed the applicable crime or crimes. The Prosecutor’s motion must include the following:

– nature of the offense;
– deterrent;
– affect on co-defendants;
– maximum sentence and length of time served on any prior juvenile cases;
– prior record;
– trial considerations;
– victim’s input

The following crimes will permit such a waiver regardless of whether the juvenile can present evidence of the probability of their rehabilitation before the age of 19:

– Murder;
– Aggravated manslaughter;
– Reckless Manslaughter;
– Strict-Liability Drug Induced Deaths;
– First Degree Robbery;
– Aggravated Sexual Assault;
– Sexual Assault;
– Second Degree Aggravated Assault;
– Kidnapping;
– Aggravated Arson;
– Certain gang criminality charges;
– Organized street crime;
– Certain gun offenses;

The decision of the Family Part Court as to waiver can always be appealed.

If you are a parent or relative of a Juvenile that has been arrested for armed robbery, I urge you to call me with the details and arrange to meet. I can help.

What obligation do I have to disclose this on a college financial aid or job application since I was told that my juvenile record is sealed and that my conviction will not turn up on a background check?

This individual was not “convicted of theft in juvenile court” when he/she was fourteen. The correct legal terminology wherein there is a finding of guilt against a juvenile in Superior Court-Family Part (Juvenile Justice) is an adjudication of delinquency. This is not a criminal conviction. As a matter of law, juveniles are not convicted of crimes or criminal offense unless they’re matters are “waived up” to Criminal Part due to the seriousness of the charge.

A juvenile record is sealed. However, there is no ability to answer the question as to disclosure on a financial aid or job application until an attorney is presented said application for review. By definition, said applications vary concerning the specific information that is sought from the applicant.

Finally, an adjudication of juvenile delinquency will not show up on criminal background check since it is not a criminal conviction.