New Jersey Law and court rule give a Prosecutor 30 days to decide to determine if a juvenile should be referred from Family Part to Criminal Part to be tried as an adult. This is without a juvenile’s consent.
The Prosecutor’s motion to the Family Party must be when the juvenile is 16 or older, and there is probable cause to believe that they have committed the applicable crime or crimes. The Prosecutor’s motion must include the following:
– nature of the offense;
– affect on co-defendants;
– maximum sentence and length of time served on any prior juvenile cases;
– prior record;
– trial considerations;
– victim’s input
The following crimes will permit such a waiver regardless of whether the juvenile can present evidence of the probability of their rehabilitation before the age of 19:
– Aggravated manslaughter;
– Reckless Manslaughter;
– Strict-Liability Drug Induced Deaths;
– First Degree Robbery;
– Aggravated Sexual Assault;
– Sexual Assault;
– Second Degree Aggravated Assault;
– Aggravated Arson;
– Certain gang criminality charges;
– Organized street crime;
– Certain gun offenses;
The decision of the Family Part Court as to waiver can always be appealed.
If you are a parent or relative of a Juvenile that has been arrested for armed robbery, I urge you to call me with the details and arrange to meet. I can help.