When is a Minor Tried as an Adult in Monmouth and Ocean County NJ?

We're Proud to Serve the Members of NJEA, UFCW Local 1262, and the NJ Policemen's Benevolent Association.

Contact Our Office

We Accept the Following Payment Options

Category Archives: Criminal Defense

When is a Minor Tried as an Adult in Monmouth and Ocean County NJ?

Criminal Law Attorneys serving clients in West Long Branch, Red Bank, Point Pleasant, Wall, and across the Jersey Shore

When is a Minor Tried as an Adult in Monmouth and Ocean County NJ?Youth is a time of exploration, experimentation, and sometimes impulsive behavior. Often poor judgment, as well as prior traumas and undernourished mental health, lead young people to make decisions that cause harm to other people, things, or themselves; and sometimes these actions are considered illegal in a court of law. Though many times juvenile delinquency is the result of childish ignorance and poor judgment, it is important that they learn that there are consequences of their actions. For this, the juvenile justice system is set up to provide milder sentences for illegal actions performed by minors. According to the United States Department of Justice (DOJ), Constitutionally-afforded protections offered juveniles include:

  • advanced notice of the charges
  • the right to counsel
  • the right to confront and cross-examine witnesses
  • the 5th Amendment right to remain silent
  • the 4th amendment protection from illegal search and seizure
  • the right to a probable cause hearing if they are arrested without a warrant

Transferring a Case from Juvenile to Adult Court in NJ

In some cases, however, the severity of the crime committed by the minor, or the regularity with which a youth commits illegal acts, requires that their case be handled in an adult court where the consequences are more severe and carry longer-lasting impact. There are three mechanisms by which a youth crime bypasses the juvenile court and is tried in an adult court:

  • Statutory exclusion – a direct and immediate transfer of a case to adult court based on the severity of the crime committed by a minor, such as murder
  • Judicial waiver – the discretionary transfer of a juvenile case to the adult court by the juvenile judge based on the severity of the crime or the repeated delinquency of the youth
  • Prosecutorial direct-file – a procedure by which the prosecutor seeks a waiver that the case will be tried in an adult court

Automatic Transfer to Adult Court in Monmouth County

The National Institute of Justice and the National Juvenile Defense Center (NJDC) note that statutory exclusion, otherwise known as automatic transfer of a delinquency case to adult court, occurs directly under the following circumstances:

  • severity of the crime committed
  • youth’s a prior legal record
  • youth’s age

If a minor faces an automatic transfer to adult court based on one of the above reasons, they may seek that the transfer is reversed by requesting what is called a reverse waiver or reverse transfer. If the youth is successful in receiving the reverse transfer, the case will be tried in juvenile court though it originally qualified for direct transfer to the adult court system.

Judicial or Prosecutorial Waivers Trying Individual Absent of Juvenile Protections

The incidents of youth arrests are falling nationally, though the frequency with which their cases are transferred to an adult court is rising.

Aside from automatic transfers, there are cases in which a juvenile court judge or prosecutor may use their discretion to determine that the severity of a youth’s actions merit transfer of the case to an adult court. In this case, the judge or prosecutor files for a waiver seeking that the youth be tried absent of juvenile protections.

In New Jersey, a prosecutorial waiver may be requested for a minor of at least 14 years old, according to the Columbia Law Appendix of State Transfer Laws.

Judicial or Prosecutorial Waivers Trying Individual Absent of Juvenile ProtectionsWhen a case is transferred to adult court, a minor now has the legal right to a hearing – a fitness hearing, waiver hearing, or certification – as well as to be represented by an attorney.  They also now have the right to a trial by jury. This addition of a human element could augur well for a youth convicted of a serious crime.

If you or a minor in your life has been convicted of a crime, and the protection of the juvenile court system are being waived automatically or at the beseeching of a judge or prosecutor, contact a member of our legal team today. We will schedule a consultation to review the minor’s rights and options and determine the next steps that support the youth’s legal rights and future.

Contact a Monmouth County New Jersey Juvenile and Criminal Defense Attorney Today

At Chamlin, Rosen, Uliano & Witherington, our attorneys are very experienced with defending minors accused of crimes in towns across West Long Branch, Red Bank, Freehold, Asbury Park, Middletown, Howell, and the greater Monmouth County area, including those charged as adults.

It is important to remember that in the criminal courts minors are given special consideration based on their age and their scientifically proven lack of ability to make sound decision due to their age. Our unique approach focuses on making sure that all our clients are effectively represented, however, we take special care in defending minors given that a criminal conviction can have long-lasting and profound implications on the rest of their lives.

Speak with our firm today in a comprehensive and confidential case assessment regarding your child’s case, please call at 732-440-3950, toll-free at 888-328-9131 or visit our website.

What are my Civil Rights if arrested in Monmouth County NJ?

Criminal Attorneys Serving Clients in Long Branch, Shrewsbury, Belmar, Tinton Falls and across Monmouth County. Being arrested for a crime or having a loved one arrested can be a very traumatic and scary experience for most of us. Given that for most contact with the criminal justice system is limited it is common not to… Continue Reading

Disclosure of Discovery and Exculpatory Evidence in Monmouth County Arrests

Our trusted Criminal Defense Lawyers with in-depth knowledge about Criminal Justice System help their Clients in Monmouth County, NJ The justice system of this country operates under specific rules governing its procedures, just as there are binding laws under which all people and systems in this country must abide. In the case of the criminal… Continue Reading

Criminal Charges and Self Defense Attorneys Monmouth County NJ

Criminal Defense Attorneys ensuring client´s tights in Old Bridge Township, Perth Amboy, Red Bank, Long Branch and across Monmouth, Ocean and Middlesex Counties Across the United States, there are laws that permit citizens to defend themselves or their occupied property (dependent upon the circumstances) when faced with a threat. Although some states may use an… Continue Reading

What Is A Legal Police Stop?

Criminal Attorneys Serving Clients in Long Branch, Shrewsbury, Spring Lake, Tinton Falls, and across Monmouth County When is it legal for a police officer to stop you? When does it violate your rights? If facing criminal or even a municipal court disorderly persons violation, it is important to contact an attorney that is familiar with… Continue Reading

When Can Blood Be Drawn For A DUI/DWI? What Is Proper Procedure For The State To Use Blood As Evidence In A DUI/ DWI Case?

DUI Attorneys Serving Clients in West Long Branch, Red Bank, Colts Neck, Deal and across Monmouth County Drawing blood is a sensitive issue, and one that raises subjects including invasion of privacy, chain of custody, and whether the blood was drawn in accordance with medical standards. Typically, during an investigation of a motor vehicle accident,… Continue Reading

Drug Possession Charges When You Would Least Expect

Drug Possession Attorneys Providing Representation in Asbury Park, Belmar, Colts Neck, Middletown, Eatontown, Freehold, Hazlet, Holmdel, Howell, Lake Como and across Monmouth County Area Sadly, possession of drugs or other illegal items is a common criminal charge in Monmouth County and across New Jersey. This charge may be either a felony or a misdemeanor, depending on… Continue Reading

Can I Sue a Drunk Driver Who Injured Me?

According to New Jersey law, a blood alcohol concentration of above 0.08 is considered to be driving under influence (DUI). A driving under the influence conviction is considered to be a traffic offense, and not a criminal offense, but nevertheless carries steep penalties, especially for repeat offenses. If however, a drunk driver injures another person,… Continue Reading

What Matters Most

  • You gave me strength, support, comfort, and beyond powerful legal assistance, you gave extra kindness and generosity beyond expectation, as if you were my brother, beyond normal, in the realm of righteous.

Ready to Represent You

Chamlin, Rosen, Uliano & Witherington of West Long Branch, New Jersey, provides representation throughout Monmouth County including Asbury Park, Belmar, Colts Neck, Deal, Eatontown, Freehold, Hazlet, Holmdel, Howell, Lake Como, Long Branch, Manalapan, Manasquan, Marlboro Township, Middletown, Neptune, Oakhurst, Ocean Township, Redbank, Shrewsbury, Spring Lake, Tinton Falls, Wall Township, West Long Branch, and Freehold Township; Ocean County including Bayville, Brick, Jackson, Lakewood, Lakewood Township, Mantoloking, Point Pleasant, Point Pleasant Beach, and Toms River; Middlesex County including East Brunswick, Milltown, New Brunswick, Old Bridge Township, Perth Amboy, Sayreville, South Amboy, South River, and Spotswood.

monmouth county lawyer map

Contact Our Office

Not sure where to begin? We welcome all inquiries and will help in whatever way we can.