Newark, NJ asked in Juvenile Law for New Jersey

Q: If a 16 year old assaults me and my kids can I file charges for simple assault?

I called the police and they were arrested what else can I do. I don't want the kid to have a record I just want the behavior to stop.

Related Topics:
1 Lawyer Answer
Mr. Kenneth Albert Vercammen
Mr. Kenneth Albert Vercammen
Answered
  • Criminal Law Lawyer
  • Edison, NJ
  • Licensed in New Jersey

A: Police can forward to juvenile conference committee. In many states, the County Prosecutor's office of Family Court screens each complaint initially and makes the decision to divert the case or not. Diversion for many cases means removing them from court altogether and sending them for total handling to a Juvenile Conference Committee (J.C.C.) or intake service conference. See the Criminal Justice System, "Guide for School Personnel," Middlesex County Prosecutor's Office, p. 20 (original 1996).

The first rung on the typical diversion ladder is the Juvenile Conference Committee (J.C.C.), which is a town-based group of citizens who work with the juvenile offender to devise an appropriate resolution of the case.

Citizen members are appointed to recommend to the court how to handle selected juvenile cases. Members meet with the juveniles and make recommendations, which may include restitution, participation in a job placement or community service program, counseling, writing letters of apology or other conditions.

For juveniles with prior charges or more serious charges, the case is put on the formal trial calendar. These proceedings resemble adult criminal proceedings. The juvenile must be represented by an attorney and the state is represented by an Assistant Prosecutor.

Relatively few juveniles are currently incarcerated but the number may increase as proposed legislative changes require jail terms for juveniles who commit certain offenses such as auto thefts and for juveniles who continue to commit more and more heinous offenses.

For the most serious crimes, the County Prosecutor can make a motion to remove to the Adult Criminal Court.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.