juvenile delinquency mrs. lauterhahn. what is juvenile delinquency? an act by a juvenile under the...
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Juvenile DelinquencyMrs. Lauterhahn
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What is Juvenile Delinquency?
• An act by a juvenile under the age of 18 that if committed by an adult would constitute a crime, a disorderly persons offense, a petty disorderly persons offense, or a violation of any other penal statute, ordinance or regulation.
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What’s the Goal?
• In juvenile matters, the court’s goals are rehabilitation and accountability.
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Do you need a lawyer?
• Always consider consulting an attorney for ANY legal matter or court appearance even if it’s not required.
• If a hearing is before a judge, it’s a formal hearing and you must have an attorney.
• If you fail to appear, the court may issue a warrant for your arrest.
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Detainment
• You can be placed in a detention facility
• After the initial detention hearing, you must be represented by an attorney
• A judge decides whether to continue holding your child in detention.
• BAIL IS NOT AVAILABLE FOR JUVENILES!
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How are juvenile cases processed?
• The court decides on how cases are handled based on the nature and seriousness of the offense, age of your child, any prior record, and willingness of parties to cooperate.
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What are the consequences?
• Community service• Fines• Probation• Release to parent/guardian• Residential mental health and/or substance abuse and
alcohol treatment• Transfer of custody• Secure confinement/incarceration• Suspension of driver’s license
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Consequences, cont’d
• Some types of cases require mandatory dispositions. In some types of offenses such as drug-related matters, fines must be imposed by the court.
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Can a Juvenile Record be Expunged?
• For certain matters, expungement is permitted if 5 years have passed since the final discharge of the person from legal custody or supervision or if 5 years have passed since the entry of any other court order not involving custody or supervision.
• CERTAIN OFFENSES MAY NOT BE EXPUNGED!• www.njcourts.com/prose/10557_expunge_kit.pdf.
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Are Juvenile Records Confidential?
• Under NJ law, juvenile records are available only to certain judicial, law enforcement and governmental agencies as specified in NJSA 2A:4A-60.
• BUT – if the offense would constitute a crime of the first, second or third degree if it were committed by an adult, or aggravated assault or destruction or damage to property in excess of $500, the juvenile’s identity, offense, adjudication and disposition shall be disclosed to the public (unless there would be some sort of harm)
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Confidentiality cont’d
• Any other agency or person can only have access to the records by making a motion before a judge for good cause.
• Be aware that the charge, adjudication and disposition information is available to victims, law enforcement agencies and schools.
• Also, if you apply for certain types of military, government, or law enforcement service, you may be asked to disclose your juvenile record.
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Fingerprints and DNA
• There WILL BE a record of your fingerprints and DNA!!!
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Bibliography
• www.wisegeek.com• www.ew.com• www.washingtonpost.com• www.centralasiaonline.com