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Juvenile Crimes

Juvenile Crimes in New Jersey

Protecting Your Child’s Future – How Mark Bailey Can Help

When a young person is accused of a crime in New Jersey, the case is usually handled in the juvenile justice system, not adult criminal court. But that doesn’t mean it’s “no big deal.” Juvenile delinquency cases can still lead to detention, probation, license suspension, fines, and a record that can affect college, jobs, and beyond.

Under N.J.S.A. 2A:4A-23, “delinquency” means an act committed by a juvenile which, if committed by an adult, would be a crime, a disorderly persons offense, or another violation of a penal law or ordinance.

If your child has been charged with a juvenile offense in New Jersey, you’re really fighting for their future opportunities and reputation, not just the outcome of one court date.

How Attorney Mark Bailey Approaches Juvenile Cases

Attorney Mark Bailey knows that when a child is in trouble with the law, the whole family is under stress. He takes a selective, hands-on approach, limiting the number of juvenile matters he handles so he can:

  • Carefully review the police reports, school records, and any video or social media involved

  • Explain the juvenile process in plain language – intake, hearings, and possible outcomes

  • Look for opportunities to divert the case away from formal court (when possible)

  • Emphasize rehabilitation and second chances, not just punishment

From the first meeting, Mr. Bailey focuses on both the legal defense and the long-term impact on your child’s record, education, and future plans.

What Is a Juvenile Delinquency Case in New Jersey?

In New Jersey, a “juvenile” is generally anyone under 18 at the time of the alleged offense. A juvenile delinquency case is one where the juvenile is accused of doing something that would be a crime or offense if an adult did it.

Common juvenile charges include:

  • Shoplifting and other theft offenses

  • Simple assault or school fights

  • Vandalism and criminal mischief

  • Drug possession or underage alcohol offenses

  • Weapons offenses

  • Cyber-bullying, harassment, and certain sex-related offenses

These cases are heard in the Family Division of the Superior Court, and the official outcome is called an “adjudication of delinquency” rather than a conviction. But the process can still feel very much like a criminal case.

New Jersey’s juvenile code specifically emphasizes goals like keeping families together when possible and promoting the care, protection, and healthy development of juveniles.

The Juvenile Court Process: What to Expect

A typical juvenile case may involve:

  1. Complaint & Intake – A complaint is signed (often by police), and the case is screened. Some lower-level matters can be diverted to an Intake Services Conference or Juvenile Conference Committee, instead of going before a judge.

  2. Detention Decision – If the child is taken into custody, the court quickly decides whether they will be released to a parent/guardian or held in a juvenile detention facility. Detention is governed by specific criteria in N.J.S.A. 2A:4A-34 and is usually reserved for higher-risk cases.

  3. Hearings – The case proceeds to pretrial conferences, motions, and ultimately a hearing where the judge decides if the State has proven delinquency. There is no jury in juvenile court.

  4. Disposition (Sentencing) – If the juvenile is adjudicated delinquent, the judge imposes a disposition, which can include a wide range of rehabilitative and punitive measures.

Throughout the process, an attorney can advocate for release, challenge the evidence, push for diversion, and present mitigation to the judge.

Possible Penalties (Dispositions) in Juvenile Cases

While the juvenile system focuses on rehabilitation, the consequences can still be serious. Depending on the offense, record, and circumstances, a judge may order:

  • Adjourned or deferred disposition (case held open with conditions; possible dismissal if conditions are met)

  • Release to a parent or guardian, with or without conditions

  • Probation (often up to three years)

  • Community service

  • Fines and restitution to any victims

  • Driver’s license suspension (even if no car was involved)

  • Mandatory counseling or mental health / substance abuse treatment

  • Participation in educational, vocational, or work programs

  • Placement in a residential program or in the custody of a state agency

  • Detention/incarceration in a juvenile facility (often subject to limits like a maximum of 60 days in certain circumstances, or longer for more serious cases)

There is often a presumption of non-incarceration for lower-level offenses and first-time juvenile offenders, especially for fourth-degree and lesser matters.

When Juveniles Can Be Tried as Adults (Waiver)

In the most serious cases, the prosecutor may seek to “waive” a juvenile up to adult criminal court under N.J.S.A. 2A:4A-26 and 2A:4A-26.1.

Key points about waiver:

  • Usually involves juveniles 15 or older accused of serious offenses (e.g., armed robbery, certain gun offenses, homicide, aggravated sexual assault).

  • The prosecutor must file a waiver motion within a set time (generally 60 days of receiving the complaint, with limited extensions for good cause).

  • If granted, the case moves to adult criminal court, and the juvenile faces adult sentencing ranges and can be incarcerated in adult facilities.

Preventing waiver—or fighting it aggressively—is one of the most critical tasks in a serious juvenile case, because it can be the difference between a rehabilitative juvenile outcome and decades of adult prison exposure.

Confidentiality & Records

Juvenile files are generally more confidential than adult criminal records, but they are not invisible. Certain agencies (courts, law enforcement, some government entities) can access them, and more serious adjudications can have broader disclosure.

In many cases, juveniles may later be eligible for expungement of their records, but the rules are specific and depend on the type of offense and the time that has passed.

One of Mark Bailey’s goals is to position the case so that expungement or minimal long-term impact is possible down the road.

Defenses and Strategies in Juvenile Cases

Every juvenile matter is unique, but common defense themes include:

  • Mistaken identity or false accusations (often in school or group settings)

  • Weak or unreliable evidence – conflicting witness accounts, poor-quality video, or lack of proof of intent

  • Search and seizure issues – especially in school searches, locker searches, or vehicle stops

  • Overcharging – serious charges based on conduct that may fit a lesser offense or school discipline instead of court involvement

  • Mitigation and rehabilitation – emphasizing the child’s background, mental health, school history, and family support

Attorney Mark Bailey will:

  • Review all discovery

  • Meet with the family and juvenile to understand what really happened

  • Push for diversion, deferred disposition, or the least restrictive outcome possible

  • If necessary, litigate motions and take the case to trial before a judge

 

The Law Office of Mark A. Bailey is committed to protecting young people’s rights, defending them in court, and safeguarding their future opportunities.

Contact Mark Bailey today for a confidential consultation to discuss your child’s juvenile case, your options, and the best strategy for moving forward.