Sussex County Juvenile Lawyers

In our current times, children are subjected to the harsh reality of the justice system sooner than we would like. From our New Jersey firm’s offices in Sussex County, neighboring Morris County, and Warren County, one of our defense lawyers can help protect your child’s rights in juvenile courts and civil lawsuits and provide them with the best chance for a successful future. Contact Gruber, Colabella, Thompson, Hiben & Montella for a free consultation today.

Juvenile Defense Lawyers: Protecting Children in New Jersey

When a child is accused of a crime, they face a wide range of very serious consequences that can significantly impact their lives for years to come. That said, our Sussex County family lawyers are experienced in negotiating and plea bargaining with the juvenile courts to reach an ideal rehabilitation plan, which minimizes the possibility of time in custody and emphasizes alternative methods of rehabilitation, such as diversionary programs that may involve counseling and behavioral therapy. These alternative juvenile rehabilitation programs have been proven to result in a lower recidivism rate than custody alone, and are often the court’s preferred form of punishment in juvenile trials.

How Juvenile Cases Are Handled in New Jersey

In New Jersey, a person is considered a juvenile if they are under the age of 18 at the time the alleged offense occurred. While the juvenile justice system operates separately from the adult criminal courts, the seriousness of the process–and the potential consequences–should not be underestimated. That’s why it’s essential for families to understand what happens once a child is taken into custody or charged with a juvenile offense.

The juvenile justice process typically begins when a complaint is filed by law enforcement, a school official, or another party. Depending on the nature of the offense, the child may be taken into custody or released to a parent or guardian. If detained, a preliminary detention hearing must be held within 24 hours to determine whether the juvenile should remain in custody while the case proceeds.

Most juvenile cases in New Jersey are handled in the Family Division of the Superior Court. These proceedings are closed to the public to protect the child’s privacy, and the emphasis is placed on rehabilitation rather than punishment. A Family Court judge hears the case, and there is no jury trial. Depending on the severity of the offense and the juvenile’s prior record, the case may be resolved in several ways. They are as follows:

• Diversion Programs: For first-time or low-level offenders, the court may divert the case through an intake conference, where the child agrees to conditions such as counseling, community service, or restitution without a formal court appearance.
• Informal Probation or Adjustment: In some cases, the court may place the juvenile on a period of supervision, during which compliance with certain conditions, like attending school or avoiding further legal trouble, can lead to dismissal of the charges.
• Formal Adjudication: If diversion is not appropriate or successful, the case proceeds to a formal hearing. If the court finds the juvenile delinquent (the equivalent of a guilty finding in adult court), the judge may impose a wide range of dispositions, including probation, community-based services, residential treatment, or, in more serious cases, placement in a juvenile detention facility.

Throughout this process, the child has important legal rights–including the right to an attorney, the right to remain silent, and the right to confront witnesses–and it is critical to have skilled legal representation to ensure those rights are fully protected.

Can Juveniles Ever Be Tried As an Adult in NJ?

Yes, in certain serious cases, juveniles in New Jersey can be tried as adults. This process is known as a waiver to adult court, and it typically applies to youth aged 15 and older who are accused of committing violent or particularly grave offenses, such as homicide, armed robbery, or aggravated sexual assault.

The decision to waive a juvenile case to adult court is not automatic–it is a legal process initiated by the prosecutor and subject to judicial approval. Under New Jersey law, the prosecutor must file a formal waiver application, and the Family Court judge will then consider several factors, including:

• The juvenile’s age and maturity
• The nature and circumstances of the alleged offense
• The juvenile’s prior record or history of delinquency
• The likelihood of rehabilitation within the juvenile system
• The interests of public safety

If the waiver is granted, the case is transferred out of Family Court and into the adult criminal justice system, where the child faces the same procedures, penalties, and potential prison sentences as an adult defendant. A conviction in adult court also carries a permanent criminal record, which can have long-term implications for education, employment, and housing.

Because of the high stakes involved, it is critical to have experienced legal representation early in the process to argue against waiver when appropriate and to advocate for keeping the case in the juvenile system, where rehabilitative options remain available. Our attorneys have successfully helped families across Sussex County and surrounding areas fight to keep their children’s cases in Family Court and avoid the devastating consequences of adult prosecution.

Contact Our Juvenile Defense Lawyers Today

Promote your child’s best interests and the best interests of your family, and contact the juvenile defense lawyers of Gruber, Colabella, Thompson, Hiben & Montella in New Jersey. A criminal lawyer from our firm will provide you with compassionate assistance and aggressive representation to help resolve your child’s legal matters and get them back on the right path.