Juvenile Offenses

Do All Juveniles Go to Detention After Conviction of a Crime?

July 5, 2022 by Gregg Wisotsky, Esq. Leave a Comment

When and Why Do Juveniles Get Sent to Adult Court?

In 1997, nearly 2.7 million youths were detained in a juvenile incarceration facility, and that number decreased by 74% by 2019. Reformations in state laws and work done by Morristown criminal defense lawyers have also decreased the number of juveniles sent to the adult court system. However, widespread juvenile detention and continued prosecution of minors in adult court continues to be an issue, and the experience could affect a child throughout the rest of their life.

When Do Juveniles Get Sent to an Adult Court?

Some state laws require that juveniles who commit certain crimes be prosecuted in the adult court system. In New Jersey, the court may send youths as young as 14 to adult court. If this happens, the juveniles are held in the same facilities as adult offenders, and they may face the same level of penalties as convicted adults. The prosecutor and judge are the ultimate decision makers in whether or not a particular juvenile will be required to appear in adult court.

What Types of Crimes Result in Juveniles Being Sent to Adult Court?

Judges and prosecuting attorneys have discretion to request a waiver for a juvenile to be sent to adult court. They may request this waiver for serious crimes, such as crimes involving weapons or the threat of violence. Sexual assault, drug offenses, robbery, and domestic violence are other examples of crimes that may result in a juvenile being prosecuted through the adult court system. If a juvenile is a repeat offender, this is another circumstance in which a waiver may be requested.

Reformations in the Juvenile Court System

In the 1980s and 1990s, courts and attorneys took a hardline stance on prosecuting juveniles in the adult court system. They may have wanted to set an example that no matter what the age, the seriousness of the crime should result in a serious penalty. However, advocates, child development and behavior specialists, and others realized that juveniles don’t have the same decision-making skills and maturity as adults. Mitigating circumstances, such as homelessness or absentee parents, also played a role in the changes in the juvenile court system.

Drop in Juvenile Prosecution in Adult Court

In 2010, about 10% of felony crimes committed by juveniles were sent to adult courts for prosecution. By 2019, this decreased to about 2%. In 2020, many courts shut down as a result of the COVID-19 pandemic. Incarceration facilities were a common source of large outbreaks, and the rate of juvenile prosecution in adult court dropped to 1%. Some analysts believe that this was a result of court shutdowns, while others suspect that the judges and attorneys wanted to provide some level of protection for youth who weren’t yet eligible for COVID-19 vaccination.

What Happens to Juveniles Who Commit Crimes?

When a judge or attorney doesn’t refer a juvenile to an adult court for criminal prosecution, they have other options. The juvenile court system is the most common way of processing juveniles who commit crimes. Attorneys or judges may also recommend other facilities or programs. For example, youth who are engaged in gang activity or other violent activities might be sent to a community program. Youth who commit drug offenses might be sent to a residential rehabilitation program for addiction.

Reasons to Keep Juveniles Out of Adult Court

Prosecution in adult court changes a juvenile’s life forever. They may be exposed to more violence, sexual assault, or criminal behaviors. A juvenile who spends time in a prison for adults may be more likely to reoffend and may also have a more difficult time gaining employment or turning their life around.

When your child is facing criminal charges, it’s important to consult with a Morristown criminal defense lawyer. To schedule a consultation at the Morristown, New Jersey law office of Gregg Wisotsky, call 973-898-0161 on weekdays or 908-229-9714 after hours and on weekends. You may also fill out our online contact form, and we will reach out to you to schedule a consultation.

The Lasting Consequences of Juvenile Criminal Charges

December 23, 2020 by Gregg Wisotsky, Esq. Leave a Comment

Are There Long-Term Repercussions for a Juvenile Criminal Conviction?

Each year, roughly 2.1 million minors are arrested throughout the United States. A lot of people see juvenile criminal charges as less severe than adult charges, but this is not actually true. Being convicted of juvenile criminal charges can have severe, long-lasting effects on a youth’s development and future plans.

Removing Offenses Is Harder Than You Think

One of the big reasons people think juvenile charges are no big deal is because you can seal or expunge records for juvenile charges. The reality is that getting rid of juvenile criminal records is not as simple or automatic as you might assume. First of all, sealed records might be hidden from the general public, but they are still available to law enforcement. They can use these past records for investigating crimes, and if you are convicted again, your past charges can result in more severe sentencing. To actually remove the record altogether, you have to get it expunged, which is even more challenging.

There are a lot of requirements to meet if you want to get a court to grant a record sealing or expunging order. The person involved cannot be convicted of any future charges, and they have to demonstrate that they have a lengthy period of good behavior. If there were fines associated with their crime, they may have to pay them before getting their record sealed. There are different rules in place for various crimes. For some juvenile crime convictions, you may have to wait up to 10 years to get records removed. All of these rules can make it surprisingly tricky to actually get records sealed or expunged.

Economic Consequences of Juvenile Criminal Charges

The potential of being sent to a youth rehabilitation center is not the only consequence of criminal charges. Just like adults, juvenile sentences can include hefty fines. A youth may be sentenced to pay restitution to their victims or pay general punitive fines to the state. With the majority of juvenile offenders and their families living in poverty, these financial obligations can be extremely challenging.

Starting out their adult life with a huge debt can be extremely intimidating and frustrating for a young adult. Unlike other types of debt, legal fines assigned as a punishment usually cannot be cleared by declaring bankruptcy. Being saddled with debt from a young age often results in a cycle of poverty. When they are stuck paying back fines instead of saving up, it can be difficult for juvenile offenders to get a car, rent an apartment, or pay for college. This makes it hard for them to ever move on to higher-paying jobs that would allow them to pay off their fines.

Punitive fines are not the only way a youth may be economically affected by criminal charges. There are all sorts of other costs associated with charges as well. In addition to legal fees, families may have to pay for court-ordered therapy if they want to avoid their child being taken from their care. Sometimes, people must decide between paying extra for rehab or being incarcerated in a youth rehabilitation center. Altogether, this results in a major economic burden for families facing juvenile criminal charges.

There Are Many Unexpected Side-Effects to a Juvenile Conviction

Keep in mind that juvenile criminal convictions can lead to more than just fines and imprisonments. You should not assume that a conviction in a juvenile criminal case just means spending a few months in a youth detention center, and then continuing on with your normal life. Even if you have a great Morristown criminal defense lawyer who helps you avoid any incarceration, you can face serious consequences that have a long-lasting effect. Collateral consequences are additional punishments that a person may encounter following conviction. Juveniles do not face some collateral consequences, like losing their right to vote, but there are other potential consequences they may still encounter.

A juvenile conviction can cause both a youth and their family to be expelled from public housing. If the minor is not a citizen, their conviction can affect their immigration status, potentially causing deportation. Certain employments that require security clearances, including military jobs, may no longer be available to the juvenile. Convictions can also cause a youth’s driver’s license to be suspended or revoked. All of these collateral consequences can have a major impact on a minor’s future. They may find it hard to get housing, remain in their preferred country, or get the jobs they planned on achieving.

Mental Health Risks Linked to Juvenile Criminal Charges

Juvenile criminal charges happen during an essential developmental period, so they can have a big impact on a youth’s mental health in the future. Youth rehabilitation centers typically do not provide the supportive, home-like environment that young people need to flourish. Teens who spend their formative years in juvenile detention centers might miss out on key socialization opportunities. They often find it hard to befriend others and react appropriately to stressors. Following incarceration, juveniles are more likely to deal with mental and behavioral health issues. Some may develop mental disorders like anxiety and depression, and many are more likely to abuse illegal substances.

Even teens who do not end up with a lengthy stay in a youth rehabilitation center still suffer. The stigma and challenges of being labeled a criminal at such a young age can have a drastic effect on a youth’s development. Teens may find it hard to maintain their own self-esteem and have positive interactions with others. Being viewed as a criminal can set a youth down a long-lasting path toward mental health issues, and they may struggle to get appropriate care if they do develop behavioral and mental challenges.

Juvenile Criminal Charges May Have Other Major Impacts

For many juvenile offenders, a conviction can cause them to miss out on major life milestones and opportunities. Especially when it comes to education, the consequences can be devastating. Though the various youth rehabilitation homes try their best, they are often unable to provide teens with academic resources. Teens may be unable to get the grades, volunteer experience, and extracurricular activities needed for scholarships and college acceptance. Furthermore, they often struggle to learn the skills needed for part-time jobs or careers.

When juvenile offenders find it hard to achieve educational or career goals, they are more likely to turn to crime. Criminal charges often put at-risk teens in touch with others interested in the criminal lifestyle. They may make friendships and develop contacts that encourage them to take part in other criminal activities. Those who are convicted of criminal charges are often likely to end up in court again in the future, facing even more serious adult charges.

If you or a loved one is facing juvenile criminal charges, it is important to take them seriously. A conviction could result in serious consequences that have a long-lasting effect on a teen’s future. At the law firm of Gregg Wisotsky, we provide focused criminal defense services. We work hard to defend both adult and minor clients. If you need a Morristown criminal defense lawyer, call (973) 898-0161 or fill out our online contact form to schedule your consultation today. We will guide you through each step of the process and answer any questions you may have.

Juveniles Charges Involving Weapons Possession in New Jersey

November 16, 2015 by Greg Sutphin Leave a Comment

New Jersey Laws Governing Juvenile Weapons Possession

Teenager arrested

The state of New Jersey has some of the toughest weapons possession laws in the country, and minors are no exception to the law. Pursuant to statute, a minor cannot own, purchase or possess any type of firearm, from a BB gun or air gun to a rifle, pistol or shotgun, with four specific exceptions:

The use of a firearm is permitted as part of a military drill
The use of a firearm is permitted under the direct supervision of a parent or guardian, but that person must have a valid permit
A minor may use a firearm at an approved firing range, provided the minor meets the range’s requirements to shoot
A minor may use a gun to go hunting after passing a firearms safety course and obtaining a hunting license

Penalties for Illegal Possession of Weapons in New Jersey

As a general rule, the simple possession of an unlawful weapon, including a firearm, by a minor in New Jersey is a fourth-degree offense, with potential penalties that include counseling, fines, community service and even jail time. Certain types of offenses, though, carry more severe sanctions. A minor who brings a gun or illegal weapon to school may be charged with a seconddegree indictable offense.

Though the penalties imposed by the juvenile court are generally less severe, there is always the possibility, based on the nature of the offense, that the prosecutor will ask the juvenile court to waive the case, so that it can be tried in adult court. If that happens, the individual potentially faces years of incarceration with adult inmates.

Contact Us

At the law offices of Gregg A. Wisotsky, Esq., Partner, Javerbaum Wurgaft Hicks Kahn Wikstrom & Sinins, PC, we offer a free phone consultation to every prospective client. For a complimentary evaluation of your case, contact our office online or call us at 973-898-0161. We will come to your home or the hospital to meet with you, if necessary. All major credit cards are accepted.

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