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.

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1 Lawyer Answer

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.

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