Immediately after charges get pressed against your child, call us. New Jersey’s process for juvenile delinquency cases differs from its process for adult criminal trials, and we can explain what that means for your child’s case.
Parents can call and hire our lawyers for their children following an arrest. The sooner you do this, the better, especially if your child is being detained. We will provide in-depth explanations of the charges cited in the delinquent complaint and determine whether your child may be required to attend court, as some delinquency cases can be resolved without court hearings.
Get a free case assessment from the Law Offices of John J. Zarych when you call our New Jersey criminal defense lawyers at (609) 616-4956.
Who Should I Call if Someone Presses Charges Against My Child in New Jersey?
If a police report is filed against your child and they are subsequently arrested in New Jersey, you may be at a loss for what to do. Instead of panicking, call our lawyers, and we can advocate for your child.
You may get a criminal defense attorney for your minor child. Conversations between our lawyers and your child will remain confidential, however, unless they make you privy.
Don’t call anyone other than our lawyers if someone reports your child to the police and presses charges against them. Discussing your child’s arrest with anyone else might jeopardize their defense, so only discuss these matters with our lawyers.
If you are present when your child is arrested, advise them to stay silent and invoke their right to an attorney. Stress the importance of remaining quiet as much as possible. Then, call us immediately so that our Atlantic City criminal defense lawyers can quickly get up to speed on the situation.
What Should I Learn About the Charges Pressed Against My Child?
If someone presses charges against your child and a delinquent complaint is filed in New Jersey, we will explain all you need to know about those charges and the potential consequences they carry.
First, understand that your child’s case will likely be held in the family division of the New Jersey Superior Court, not the criminal division. You should also know that a judge decides a delinquent juvenile’s fate, not a jury.
If the judge decides your child violated the law, they will be an adjudicated delinquent, which is not the same thing as being convicted of a crime. Court records for juvenile proceedings are generally safeguarded; however, they are not automatically sealed from public access in New Jersey.
After we assess the charges, we will explain the likely consequences upon conviction so that you and your child fully appreciate the situation. Detention is possible for serious offenses, although it is generally not the first resort when it comes to addressing adjudicated delinquents.
Will My Child Go to Court if Someone Presses Charges Against Them in New Jersey?
Even if someone presses charges against your child and the police file a delinquent complaint against them, they may not go to court.
New Jersey offers several alternatives to resolving juvenile delinquency cases that do not require court involvement or a judge’s presence. Some cases are diverted to juvenile conference committees, court intake services conferences, and juvenile referees, which may yield compromises and conditions the complaining witness, you, and your child feel comfortable with.
Serious charges generally proceed straight to court hearings before judges, and your child’s case may go to court if they violate juvenile conference committee conditions.
We can anticipate whether or not your child’s case will go to court and be heard by a judge. Your child’s case will most likely stay in juvenile court, although they could be charged as an adult if the case meets certain criteria and the prosecution successfully makes motions to move the case to criminal court.
Going to court is stressful for adult defendants, let alone juveniles. We’re here to help you and your family navigate juvenile hearings and prepare for all possibilities.
What if the Accuser Drop Charges Against My Child in New Jersey?
While complaining witnesses cannot force prosecutors to drop charges, they can weaken cases by ceasing to cooperate with the investigation.
After all, even when the witness files a police report, it’s the prosecution’s decision whether or not to file charges. So, it follows that it’s also the prosecution’s decision whether or not to drop those charges.
We can motion to dismiss juvenile cases in New Jersey, especially if complaining witnesses no longer want to press charges. Without a complaining witness, there may be little to no evidence against your child, and the prosecution might drop the charges as a result.
What to Do to Expunge Charges from My Child’s Record in New Jersey
If someone pressed charges against your child and a judge found them delinquent, they may be eligible for expungement sooner than you think.
Generally speaking, adjudicated delinquents must wait three years to get their records expunged. During those three years, juveniles may not have been convicted of a crime or found delinquent again, or they may not qualify for expungement.
Your child may need to meet additional criteria to have their record expunged, and we can determine if they qualify in New Jersey. Juvenile records are typically inaccessible by employers, though there are other reasons your child may want to expunge a teenage mistake.
If you want your child to pursue expungement, call our lawyers. We can prepare the expungement petition and explain why that case no longer reflects who your child is. It may help your child’s self-confidence to file for expungement as soon as possible, so reach out to see if they qualify.
Call Our New Jersey Defense Attorneys for Help Today
Get a free case evaluation from the Law Offices of John J. Zarych by calling our Ocean City, NJ criminal defense lawyers at (609) 616-4956.
