There are few phone calls more alarming than hearing that your child has been detained or charged by police. In that moment, most parents don’t know what happens next, what rights their child has, or how a juvenile case is different from an adult criminal case. Understanding the basics of New Jersey’s juvenile justice process can help you make better decisions when it matters most.
Juvenile Court Operates Differently Than Adult Court
In New Jersey, most offenses committed by someone under 18 are handled in Family Court, not the criminal court system, and the legal terminology reflects that. Rather than being “charged with a crime,” a juvenile is alleged to have committed an act of “delinquency.” Instead of a trial, there is an adjudication hearing, and instead of a sentence, the court imposes a “disposition.” The stated goal of the system is rehabilitation rather than punishment, but the process still involves real allegations, real hearings, and real consequences.
What Happens After an Arrest
Depending on the offense, police may release a juvenile to a parent or guardian with a notice to appear, or the juvenile may be detained pending a detention hearing, which typically must occur quickly. From there, the case may proceed through intake, a possible diversion program for lower-level offenses, or formal court proceedings if the allegations are more serious.
For certain serious offenses, prosecutors can seek a waiver to have a juvenile’s case moved to adult criminal court — a decision with lasting consequences that should never go unchallenged without a full understanding of what’s at stake.
Your Child Still Has Rights
It’s a common misconception that juvenile proceedings are informal or low-stakes because the system is framed around rehabilitation. In reality, a juvenile has the right to an attorney, the right to have the allegations proven, and the right to a fair hearing. A delinquency adjudication can still affect school standing, future record checks in certain circumstances, and, in serious cases, can carry consequences that follow a young person well into adulthood.
How Parents Can Help
The best thing a parent can do after learning of an arrest or charge is to avoid letting their child speak with police without an attorney present, gather any relevant information about the incident, and reach out to an experienced juvenile defense attorney as early in the process as possible. Early involvement often opens doors — like diversion programs — that become harder to access once a case has moved further along.
If your child is facing a delinquency charge in New Jersey, the Law Offices of Mark W. Catanzaro can guide your family through the process and advocate for the best possible outcome. Contact us for a free consultation.