Juvenile Law
NEW JERSEY JUVENILE CRIME LAW
A parent that receives a call from the police regarding their child's arrest for a juvenile criminal offense may feel scared, overwhelmed, and helpless. A juvenile arrest may have devastating effects on their freedom and their future.
The only way to protect your child is to hire a juvenile crime defense lawyer who has the same training, experience, and skill as the prosecutors that your child will face. You want someone who knows exactly what must be done to protect their rights and help your family get through this.
VANDO CARDOSO is a former New Jersey Prosecutor and Special Deputy Attorney General. He has extensive experience and skill in handling juvenile crime law. His training, experience, and skill in juvenile crime law has helped many families.
If your child faces New Jersey criminal juvenile charges, CONTACT US today. Our initial consultations are always free and we will help you through this difficult time.
CARDOSO LAW HANDLES ALL JUVENILE CRIMES AND OFFENSES
Cardoso Law represents juveniles in all crimes and offenses including:
- DUI/DWI and underage drinking;
- theft and shoplifting;
- truancy;
- assault crimes;
- drug possession;
- drug distribution;
- crimes involving guns;
- vandalism and property crimes;
- disorderly conduct; and
- any other crime or offense that your child was arrested for.
PROTECT YOUR CHILD'S RIGHTS AS EARLY AS POSSIBLE
When the police arrest an underage child, they sometimes will ask a parent to speak to the child so as to "hear his or her side of the story" or "clear things up." New Jersey Juvenile Law does not allow police interrogation of an underage child without a parent's consent and presence. Police interrogation can often produce damaging evidence that is not necessarily obvious to the untrained eye.
It is very important during this stage to hire a New Jersey juvenile defense lawyer to ensure that your child's rights are preserved. At Cardoso Law, we have the experience, training, and skill to handle this important stage.
DOES MY CHILD NEED A LAWYER?
A parent, guardian, or caregiver should always consult with an attorney for any legal matter or court appearance. In all formal court hearings before a judge, your child must have an attorney. This type of proceeding is known as a counsel-mandatory or formal court hearing. If there is a possibility of removing your child from home, the court will require your child to be represented by an attorney.
It is critically important to have a law firm to help your child and your family through this difficult time. At Cardoso Law, our firm can work quickly to put appropriate information before the court and address any concerns of the Family Court to help ensure that your child's rights are protected.
DOES MY CHILD NEED A LAWYER?
WHAT ARE THE COURT'S GOALS IN RESOLVING JUVENILE DELINQUENCIES?
In juvenile matters, the court’s goals are rehabilitation and accountability. The court handles each case on an individual basis according to the law and based on the individual circumstances of the case
CAN MY CHILD BE DETAINED AFTER ARREST?
The short answer is yes. A child may be detained following arrest at a detention facility. The judge must schedule an initial detention hearing no later than one (1) day following placement at the facility. At the initial detention hearing, the charges against the child will be read and the judge must make a determination if the child will be held or released. If the child is not released, the Court will schedule another hearing within two (2) days following the initial detention hearing.
At this subsequent detention hearing, a child must be represented by a lawyer. The judge must determine if probable cause exists for the crime and whether it is necessary to detain the child.
If a judge detains the child, a judge will consider the child's detention status at intervals of 14 and 21 court days.
CAN MY CHILD BE CHARGED AS AN ADULT?
In some instances, a child may be charged as an adult. A New Jersey prosecutor may seek a waiver to have a child age 15-17 tried in adult court if the child is facing a serious offense. Juveniles age 14 or older also may elect to have their cases waived to adult court. Children who are 14 years old or younger cannot be charged as an adult, regardless of the offense.
Once a waiver is approved, the juvenile is treated as an adult. The juvenile can be held in an adult jail and, if found guilty, is subject to the same penalties as an adult. For those sentenced to a prison term, the sentence is likely served in an adult prison but in some instances may be in a juvenile facility.
The following is a list of some of the charges that may be transferred into adult court:
- Murder
- Kidnapping
- Aggravated sexual assault and sexual assault
- First-degree robbery
- second-degree aggravated assault
- carjacking
- arson
- certain firearms crimes
- certain drug crimes
WHAT DISPOSITIONS OR CONSEQUENCES CAN THE COURT IMPOSE?
The dispositions and consequences that the court could impose on your child in order to rehabilitate him/her and prevent future delinquency include but are not limited to:
- adjourned disposition;
- community service;
- diversion;
- fines;
- probation;
- release to parent or guardian;
- required support services;
- required parental involvement;
- residential mental health and/or substance abuse and alcohol treatment;
- restitution;
- transfer of custody;
- secure confinement/incarceration;
- suspension of driver’s license; and
- work, outdoor, academic, and/or vocational programs.
In some types of juvenile cases, there are mandatory dispositions, and in some types of offenses, such as certain drug-related matters, fines must be imposed by the court.
HOW CAN WE CAN PROTECT YOUR RIGHTS
From the moment we are retained, our first task will be, in consultation with you, to help secure release of your child or ensure that the child is properly detained if that is in the best interests of the child.
Afterwards, we will begin investigating the charges against your child. We will analyze the strength of the prosecutor's case, determine what defenses we can bring forth, and narrow in on the flaws of the evidence.
If we cannot negotiate the charges to be dismissed, we will advocate for your child during all Family Court proceedings for the best resolution available.