When the New Jersey courts address juvenile criminal offenses, the goals are rehabilitation and development of children as productive and responsible citizens. When warranted, the court may offer a first-time offender a second chance through a deferred disposition. This is specialized probation that may lead to the juvenile charges eventually being dismissed.
A child charged with an offense who may be eligible for a deferred disposition will benefit from the advocacy of an experienced New Jersey juvenile defense lawyer. The judge must be convinced of the young person’s remorse and intention to abide by the law. The attorneys of the Law Offices of Jonathan F. Marshall have extensive experience and knowledge of how N.J. courts handle juvenile delinquency cases. Let us apply our experience to resolve the charges your child is facing in the most favorable way possible. Parents across New Jersey are grateful that they turned to our law firm when they were confronting similar situations.
What Does Deferred Disposition Mean?
A deferred disposition allows a judge in New Jersey Family Court to set aside the final outcome of the criminal case against a juvenile for up to a year and instead impose special probationary conditions.
During the probationary period, the child must not be charged with any new offense and must complete the special conditions ordered by the judge. The child may be ordered to meet regularly with a probation officer, attend school with no unexcused absences, submit to random alcohol and drug testing, and make restitution or perform some kind of community service.
If the juvenile offender meets all conditions during the deferral period, the complaint will be dismissed and there will be no conviction on the child’s record. The juvenile’s record will be expunged.
If conditions of the deferral are not met, the original complaint will go back to court and be heard by the judge for final disposition.
How Does a Child Qualify for Deferred Disposition?
A deferred disposition may be available to a juvenile offender younger than 15 years old who has been charged with a minor crime but has no prior record. Minor offenses for which deferred dispositions are allowed include:
- Trespassing
- Disorderly conduct
- Simple assault
- Shoplifting
- Possession of drug paraphernalia
- Possession of fewer than 50 grams of marijuana
How To Get a Deferred Disposition in New Jersey
If your child cannot avoid an adjudication of delinquency, obtaining a deferred disposition is the best outcome available. An experienced juvenile defense lawyer representing a young person with a previously clean record may be able to convince the judge that deferring disposition for a minor offense is in the best interest of the child, the child’s family, and the community at large. This will require your child to express their remorse about what they have done and their willingness to abide by the conditions of a deferral if the court grants one.
When deciding upon a disposition for a juvenile offender, a Family Court judge in New Jersey is required to consider:
- The nature and circumstances of the offense
- The degree of injury to persons or damage to property caused by the juvenile’s offense
- The offender’s age, previous record, prior social services received, and out-of-home placement history
- Whether deferred disposition supports family strength and unity, and the juvenile’s well-being and physical safety
- Whether deferred disposition provides for reasonable participation by the child’s parent, guardian, or custodian in the child’s rehabilitation
- Whether deferred disposition treats the child’s unique physical, psychological and social characteristics and needs
- Whether deferred disposition will contribute to the child’s developmental needs, including the academic and social needs of a child who has intellectual disabilities or learning disabilities
- Any other circumstances related to the offense and the juvenile’s social history
- The impact of the offense on the victim or victims
- The impact of the offense on the community
- The threat to the safety of the public or any individual posed by the child.
As your child’s attorneys, we will initially seek to have charges against your child dismissed. We will advocate for your child in Family Court and seek the most favorable resolution available to the case. If adjudication as delinquent is unavoidable, we will work to have an eligible child’s disposition deferred.
Contact a New Jersey Juvenile Crime Defense Lawyer
If your child has been charged with a crime in New Jersey, contact the Law Offices of Jonathan F. Marshall to speak to an experienced juvenile crimes defense attorney as soon as possible. Your child has rights that should be protected, including potential eligibility to keep certain criminal convictions off of their record through a deferred disposition.
Our firm’s defense attorneys are former New Jersey prosecutors and public defenders who have spent decades dealing with juvenile cases in municipal and county courts across the state. We will advocate for your child in Family Court to seek the best resolution available. We have nine offices across New Jersey and an initial legal consultation is always free. Please call or reach out online now so we can guide you through this difficult time.
