We often think of criminal charges, trials, and sentencing as things that happen to adult offenders. However, many juvenile offenders are arrested every year. You might also have heard news stories about juveniles committing crimes so severe that they are tried as adults. If your child is facing criminal charges, you should ask an attorney whether transfer to adult court is possible.
Juveniles may be tried as adults in New Jersey, but only if their cases meet specific criteria for transfer to adult court. The juvenile system operates differently than adult courts and focuses more on rehabilitation than punishment. Being transferred to adult court may lead to harsher penalties for a juvenile offender. Only juveniles at least 15 years old who have committed very specific types of offenses may be eligible. Generally, more severe crimes like criminal homicide, carjacking, or sexual assault tend to lead to transfer to adult court.
Talk to our Atlantic City, NJ juvenile defense attorneys about your child’s case in a free, private case review by calling the Lombardo Law Group, LLC at (609) 418-4537.
Can Juveniles Offenders Be Tried as Adults in NJ?
There is a good chance that you have heard news stories about juvenile offenders being tried as adults. These stories tend to make waves when they involve very young offenders committing extremely violent or otherwise serious offenses. While juvenile offenders can be tried as adults, certain criteria must be met before this can happen. If your child was recently arrested for an alleged offense, our Cape May, NJ criminal defense lawyers will check to see if their case is even eligible for transfer to adult court.
The first condition that must be satisfied is the defendant’s age. Under N.J.S.A. § 2A:4A-26.1(c)(1), the juvenile offender must have been at least 15 years old at the time of the supposed delinquent act. It is important to note that a juvenile must have been 15 when the alleged offense occurred, not when their case comes up for transfer to adult court. For example, if a juvenile were 14 when they allegedly committed an offense, they are ineligible for transfer to adult court even though they might be 15 by the time their case goes to trial.
Many people, including some prosecutors, are extremely unforgiving when it comes to juvenile offenders. In some cases, prosecutors are under pressure from the public to try young offenders as adults and “throw the book at them.” If this is the case for your child, our team can help you fight to protect them and keep their case in juvenile court, where they may be better served and get the help they need.
What Offenses May Cause a Juvenile to Be Transferred to Adult Court in NJ?
Juveniles cannot be transferred to adult court simply because they are old enough. Only certain types of offenses may make a juvenile offender eligible for transfer. Minor offenses, like disorderly persons offenses, typically do not qualify a juvenile offender for transfer. Generally, the alleged offenses must be pretty serious.
A complete list of offenses that might cause a juvenile offender to be tried in adult court can be found under N.J.S.A. § 2A:4A-26.1(c)(2). It includes offenses such as criminal homicide, first-degree robbery, carjacking, aggravated sexual assault, kidnapping, aggravated arson, and others.
If your child is accused of a serious or violent offense, talk to your attorney about whether transfer to adult court is possible. If it is possible, and prosecutors are keen on making it happen, your attorney might be able to help your child avoid being tried as an adult.
What Happens if a Juvenile if Found Guilty in Adult Court in NJ?
There are major differences between how the juvenile justice system and adult criminal courts operate. While juvenile courts tend to focus more on ways to rehabilitate a young offender, adult courts focus primarily on punishment. As such, juvenile offenders and their families are not happy to learn that their case is being transferred to adult court. Generally, penalties may be harsher, and it may be harder for juvenile offenders to get their lives back on track after serving an adult sentence.
Juveniles found guilty in adult courts face adult penalties. The same jail and prison terms applied when adult defendants are convicted may also apply to juveniles. For example, if a serious indictable crime would see an adult defendant go to prison for 10 years, the same punishment may apply even if the defendant is a 16-year-old child transferred to adult court.
One of the more complicated issues surrounding juveniles being tried as adults is where they must serve their sentence. Young offenders are not usually thrown into the general population of an adult prison. However, adult prisons might have separate facilities for housing younger offenders. These offenders may be transferred to adult prison facilities when they become adults.
How to Prevent Your Child From Being Tried as an Adult in NJ
If your child is in trouble and there is talk of transferring their case to adult court, talk to your lawyer about what you can do to keep the case in juvenile court. Remember, transfer is not automatic. Just because your child’s case checks the necessary boxes to be transferred to adult court does not mean it will happen.
Under N.J.S.A. § 2A:4A-26.1(a), prosecutors must file a motion no later than 60 days after the initial complaint to transfer the case to adult court. The prosecutor must also submit a written statement explaining why the case should be transferred. The court may also hear our opposition to the motion. If we can come up with a compelling argument as to why the case should not be transferred, even though it is eligible, the court might agree to keep the case in juvenile court.
Call Our NJ Juvenile Defense Attorneys for Help Protecting Your Child
Talk to our Bridgeton, NJ criminal defense attorneys about your child’s case in a free, private case review by calling the Lombardo Law Group, LLC at (609) 418-4537.
