Trial of Juvenile as an Adult in NJ

NJ Criminal Lawyer & Former Prosecutor

Juveniles Being Charged as Adults

When a child commits a serious crime, the reality is that they may be charged as an adult.  The process of waiving a child up from the Juvenile Court to the adult system may be contested by our New Jersey law firm.  Our criminal lawyers are knowledgeable in the rules governing prosecution of children as adults and our law office would be happy to schedule a free initial consultation.  An attorney from our New Jersey firm is available to speak to you immediately.  The following information is intended to provide a general overview of the law in New Jersey for trying a child as an adult. 

Transfer to Adult Court Without Juvenile's Consent

When the act of juvenile delinquency is particularily serious, the jurisdiction of the juvenile court may be waived and the case transferred to the criminal court as an adult case.  The transfer may occur without the juvenile's consent under certain conditions upon motion of the prosecutor.  In this regard, the Court shall transfer the case if the juvenile was 14 or older when he committed the alleged offense and:

(1) the offense is death by auto, strict liability drug induced deaths, robbery of the first degree, aggravated sexual assault, sexual assault, aggravated assault of the second degree, kidnapping, aggravated arson, or gang criminality of the first or second degree;

(2) he was previously adjudicated delinquent by virtue of commission of one of the offenses outlined in paragraph (1);

(3) he was previously sentenced and confined in an adult penal institution;

(4) the offense was committed against a person in an aggressive, violent and willful manner;

(5) the offense involved unlawful possession of a firearm, destructive device or prohibited weapon;

(6) the offense involved arson;

(7) the offense involved death by auto when the juvenile was operating the vehicle while under the influence of alcohol;

(8) the offense involved distribution of controlled dangerous substances;

(9) the offense involves auto theft;

(10) the offense involved possession of a firearm with a purpose to use it unlawfully against the person of another, or the crime of aggravated assault, aggravated criminal sexual contact, burglary or escape if, while in the course of committing or attempting to commit the crime including the immediate flight therefrom, the juvenile possessed a firearm; or

(11) the offense involved a computer crime of the first or second degree.

The prosecutor must file a motion seeking transfer within 30 days of receipt of the Juvenile Delinquency Complaint.  This time period cannot be extended except for good cause shown.  It should also be noted that the juvenile can defeat the waiver of a case falling within the aforementioned criteria by demonstrating that there is a probability of rehabilitation by age 19 and that this interest substantially outweighs the reasons for waiving the case to adult court.

Transfer to Adult Court at the Election of the Juvenile

Any juvenile 14 years of age or older charged with delinquency may elect to have the case transferred to the appropriate court having jurisdiction. Any juvenile under 14 years of age charged with an offense which, if committed by an adult, would constitute murder under N.J.S. 2C:11-3 may elect to have the case transferred to the appropriate court having jurisdiction.