Juvenile cases in New Jersey differ greatly from cases challenging adults. The goal of the teenage justice system, the ownership which teenage defendants have, the procedures which police and courts must follow, the facilities in which juveniles are detained, the roles of the defense lawyer and the judge, and many other aspects of teenage jurisprudence are all significantly separate from the adult criminal system.
Even the teenage Court is separate. teenage cases are handled in the family Division, not the Criminal Division, of classic Court. In a growing estimate of counties, such as Essex, family Court matters are heard in a separate building from the criminal courts.
Marion County Clerk Of Court
The goal of teenage Court is to rehabilitate. By definition, the adult penal system contains an element of punishment. The teenage system, on the other hand, is designed to rehabilitate the youth, rather than punish the criminal act. Thus, the case will not be called "State vs. Jane Doe", but "The State of New Jersey in the Interest of Jane Doe, a juvenile."
A teenage case begins with a estimation of probable cause. When a person under the age of 18 is accused of committing an offense, the matter is brought to a court's attention. This is regularly the municipal court, and the matter is brought usually, although not always, by the police. Then, a judge or court valid such as the Court Administrator or Clerk must rule that there is probable cause to think that the teenage has been delinquent, s/he can be taken into custody.
Juvenile charges are brought in the county where the teenage resides, rather than where the offense occurred. In thorough cases, a judge will grant the juvenile's lawyer's request for retrial to change the case to the county of the offense. While the New Jersey's twenty-one counties should strive for uniformity in the handling of teenage cases, this is not all the time achieved.
Juveniles are not arrested; they are detained. They are, according to law, taken in into custody for their own protection. Parents or guardians must be notified without delay. Juveniles may not be detained in the same facility, or even the same police car, as adult suspects. They will be given a "detention hearing" by the morning following their detention to rule either it will be safe to return the teenage to the custody of the parent or guardian while the matter is pending.
While in custody, a teenage is brought before a judge at least once every three weeks, to enumerate the need for continued detention. Sometimes juveniles are released to home, but field to home confinement, electronic monitoring, curfews, continued employment or school, or other conditions imposed by the court.
A form called a "5A Notice" is sent to the parent(s) or guardian early in the case. This is the family Court's summons for the parent(s) and teenage to appear and also to file an application for a communal Defender. The form is a bit confusing, and the varied counties treat the 5A hearings differently.
A teenage must have an attorney, and a communal Defender will be appointed for a teenage whose family cannot afford to maintain a "private" lawyer. communal defenders are lawyers who are available to low-income families at exiguous or no cost. They are regularly experienced in teenage law and are customary with the courts. Many of them are exquisite lawyers. In most Nj counties defendants and their parent(s) or guardian(s) must appear at the "5A Hearing," even if they intend to hire a lawyer, as the state or the court may wish "intake" information or procedures such as fingerprinting.
Juveniles have no right to a trial by jury; teenage trials are heard by a judge without a jury. The rules of trial in teenage court are separate from adult court, and at sentencing, the judge has many options that are unavailable to adult defendants. Most teenage cases are settled, any way without a trial.
New Jersey's teenage justice system provides many diverse options for rehabilitating the youth. The system strives to understand each defendant and to treat each as an individual. In counties such as Essex and Union, where there are several judges sitting in the teenage part, repeat offenders are regularly scheduled to appear before the same judge, often with the same prosecutor. In thorough cases, there are programs and plea bargains that allow for dismissals and downgrades, oppressive supervision, probation, job training, substance abuse remediation, pyromania counseling, anger management, and much more. An experienced teenage attorney can often help fashion a resolution that makes sense.
Not all juveniles are tried in teenage court. Some are "waived up" to adult court where they receive adult court treatment and are exposed to adult penalties. Among the factors a court will think in determining either to waive a teenage up to adult court are the gravity of the crime, the juvenile's age, history, gang affiliation, and the involvement of "adult" instrumentalities such as firearms, motor vehicles, and sexual activity. Offenders convicted as juveniles are not sent to prison, but to places with names like The Training School for Boys, and custodial teenage sentences do not exceed five years. Cases that are waived up expose the youth to penalties fluctuating to twenty years in prison, and even more.
Juvenile records, that is, records of the teenage offense, "disappear" once the teenage turns eighteen. That is not exactly true - the records remain available for obvious purposes, but may not commonly be disclosed. field to some very rare exceptions, no employers, schools or government officials may request about a teenage record. teenage records may be expunged, later on, in most cases. Consult an attorney.
Experienced New Jersey teenage lawyers know that the teenage justice system favors the youth who make efforts to improve, and who shows promise for a law-abiding future. Supportive families, success in school, part-time or full-time employment, involvement organized community, religious or athletic activities all recommend that the youth has a significant likelihood of rehabilitation. Juveniles with these advantages benefit most from the non-penal religious doctrine of the teenage system.
Families seeking a private attorney should look for an attorney experienced in teenage court matters. The family can help the case by appearing in court, by trying to keep the teenage out of trouble, and by providing alternative activities and moral maintain to the juvenile. The juvenile's attorney should work towards a resolution that is realistic and rehabilitative, one that has a opportunity of succeeding. Sensitive handling of teenage criminal matters may be the discrepancy that saves an imperiled juvenile.
adolescent Court in New Jersey2-Exposing lost court file part1 Video Clips. Duration : 6.52 Mins.Pierre reads letter from Marion County Clerk Beth White's Chief of Staff Teresa Hall stating they can't find Pierre's missing court file
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