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New Jersey Juvenile Law Questions & Answers
1 Answer | Asked in Education Law and Juvenile Law for New Jersey on
Q: Hello. I would like to know if it is possible to start a lawsuit against my childrens' school district
Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Nov 30, 2022

Sorry, but your question is incomplete as we cant answer same without some facts

1 Answer | Asked in Criminal Law and Juvenile Law for New Jersey on
Q: Can a juvenile be detained for a criminal act he admitted to even if everyone involved was not questioned?

My 16 yr old is being detained because he admitted to a criminal act but not everyone involved in the incident was questioned yet. Also, the weapon in the complaint is not what my son admitted too - and the complaint document was shown to us after he was detained.

Is this process correct?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Aug 21, 2022

The short answer is yes a juvenile can be detained for a criminal act he admitted to even if everyone involved was not questioned. That being said that does not mean that the police didn't do something wrong in the investigation and you should definitely hire a lawyer to determine this and... Read more »

1 Answer | Asked in Juvenile Law for New Jersey on
Q: is there a way to remove a wrong juvenile charge in new jersey?

the case was about 5yrs ago as a juvenile case and it was a result of a plea verdict. Except the final charges didn't involve one of the original charges. New jersey courts didn't remove it, even though the charge appearing isn't correct. I want to know if there's a away I could... Read more »

Michael A. Smolensky
Michael A. Smolensky
answered on Aug 2, 2022

Depending on a variety of factors, you might be eligible to expunge the juvenile record. You would need to contact an attorney to discuss this option in greater detail.

1 Answer | Asked in Criminal Law and Juvenile Law for New Jersey on
Q: My son 15 years old got a tattoo by a girl who is also 15 years old can I sue parents

My 15 year old son got a tattoo by a girl who is 15 too at her house with 5 other kids also getting tattoos can I sue parents make them pay for tattoo removal

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Jul 28, 2022

Yes you can try to sue the parents, you may also try to go to the police and have child endangerment charges filed.

1 Answer | Asked in Criminal Law, Civil Rights and Juvenile Law for New Jersey on
Q: Must a parent be present when a guidance counselor asks questions that can incriminate a 12-year-old student?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on May 28, 2022

The answer is it depends on the facts of the case but if a parent was required to be present at all times, then a guidance counselor would not be able to speak to any child. If your child has been charged or you think he may be charged with something, setup a consultation with a lawyer. It may... Read more »

1 Answer | Asked in Family Law and Juvenile Law for New Jersey on
Q: Girlfriends stepson was told to leave the house temporarily. Dyfs was called to investigate. He is hinting of false

Allegations. What should do to protect myself if and when this happens

Michael A. Smolensky
Michael A. Smolensky
answered on May 5, 2022

Because this question involves a DYFS (DCPP) investigation, it would probably be best to seek the advice of competent counsel in a private consultation. Answers on a web page offering ideas about how to protect oneself legally will not suffice. For example, rights available to a defendant in a... Read more »

1 Answer | Asked in Juvenile Law for New Jersey on
Q: A 13 year old “jumped” a classmate. Victim ended up with a broken nose. If parent presses charges, what can happen?

Suspect attacked another student(middle schools students). Victim did not fight back as smaller in size. Victim ended up in the hospital with a broken nose. Will there be any repercussions if the mother presses charges? As seen normally juvenile cases get dismissed and left to the parents... Read more »

Amber Forrester
Amber Forrester
answered on Oct 29, 2021

While there are many diversionary options (resolutions that do not result in the juvenile being adjudicated delinquent) in juvenile court, it is not the case that juvenile cases normally get dismissed or left to the parents discretion when a formal police complaint has been filed. The possible... Read more »

1 Answer | Asked in Criminal Law, Internet Law and Juvenile Law for New Jersey on
Q: My daughter is being cyberbullied by other students and the school is not doing anything to fix this. What to do?
Amber Forrester
Amber Forrester
answered on Jul 15, 2021

While you may not be able to do much to force the school to take action, there is a criminal offense in NJ pertaining to cyber-harassment (found on this site by searching for 2C:33-4.1) and you could file a complaint at the police department against those bullying her under that statute. That said,... Read more »

1 Answer | Asked in Juvenile Law for New Jersey on
Q: My son is 12 and my daughter was 5 at the time if found guilty or plea guilty is jail time mandatory?

My son was the one did this he has 2 changes 2c:14-2b and 2c244a1

Amber Forrester
Amber Forrester
answered on Jun 22, 2021

The offenses you’ve cited are 2nd and 3rd degree, respectively, and in juvenile court a 2nd degree carries as much as 3 years of incarceration and a 3rd degree carries as much as 2 years of incarceration. Because of his age, he will not be waived to adult court despite how serious the charges... Read more »

1 Answer | Asked in Juvenile Law for New Jersey on
Q: i’m 17 and my girlfriend is 15 turning 16 is our relationship legal in new jersey?

her mother is scared i might get in trouble bc of us dating so i just wanted to prove to her that i won’t

Peter N. Munsing
Peter N. Munsing
answered on Jun 2, 2021

Assuming that you are only dating with no sexual activity you may date freely. However the age of consent is 16 so at that point, should you engage in sex, that would be legal.

1 Answer | Asked in Criminal Law and Juvenile Law for New Jersey on
Q: If the person doesn't want to press charges on me can i still go to jail?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Nov 15, 2020

Depends on who filed the charges, if filed by the police it generally doesn't matter what the victim wants.

1 Answer | Asked in Criminal Law, Civil Rights and Juvenile Law for New Jersey on
Q: I committed a felony for the first time ever, I have no criminal record at all. It was a third degree, and I'm a minor

I am 16

What may be the outcome? If I am charged.

The company said if I pay back the money that will be the end. It was a civil demand letter to be exact. They said they will not press charges or get the cops involved but I just want to know what can happen.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Nov 15, 2020

If they keep their word and don't file charges nothing will happen to you.

1 Answer | Asked in Criminal Law, Federal Crimes and Juvenile Law for New Jersey on
Q: I am a minor, and I may be charged with a 3rd degree felony. The amount of money that was taken was $6,000 from my job.

What may be the charges and what can happen.

The company said they would not press charges, but it wasn't on paper.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Nov 14, 2020

It would be the same as if you were an adult. It's a third degree case which subjects you up to 3 to 5 years in jail $15,000 fine probation and restitution as required by the court. If you do get charged to make sure your parents hire a good lawyer for you to reduce or eliminate these penalties.

1 Answer | Asked in Family Law and Juvenile Law for New Jersey on
Q: can a non parent kick a minor out the house legally?

My mom lives with me, also my girlfriend and her two children do too. My girlfriend's 15 year old daughter hit my mother. And my mom kicked her out can she legally do that

Richard Diamond
Richard Diamond
answered on Nov 11, 2020

Are you really asking this as a legal question? You live with your girlfriend, her 2 children and your mother and an incident took place between your girlfriends 15 year old daughter and your mother, where the 15 year old struck your mother and in response to that incident, your mother told the... Read more »

1 Answer | Asked in Probate and Juvenile Law for New Jersey on
Q: If I’m 17 and on probation can I live with someone that isn’t a relative ?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Sep 19, 2020

The decision will be up to your probation officer but generally you will need to live with your guardian who is generally your parents.

1 Answer | Asked in Family Law and Juvenile Law for New Jersey on
Q: Can I take my ex-wife to court for allowing my daughter to drop out of HS and not monitor the home school program?

I have Joint Custody of my 2 children, Daughter 17, Son 20 and Disabled. They both live with my ex-wife. The ex allows my daughter to do whatever she wants including not speak to me or complete the home school courses that I purchased for her. My daughter lies and says she does the work but the... Read more »

Richard Diamond
Richard Diamond
answered on May 4, 2020

What I am hearing more than anything in your question is "frustration" that you feel that your daughter is making terrible decisions that will affect the rest of her life and you feel powerless to do anything about it since your daughter is not listening to you / returning your calls and... Read more »

2 Answers | Asked in Child Custody and Juvenile Law for New Jersey on
Q: i'm 16 turning 17 and i want to move out of my house with my friend and his mother, if i have a job would it be fine?

my parents and i constantly argue and i want to move out, my friends mom has already told me i can stay with them as long as i pay rent which i would be fine with. but would my parents be able to stop me if they wanted to?

Richard Diamond
Richard Diamond
answered on Apr 28, 2020

You are not going to like my response.... but I dont think I have ever met a 16 or 17 year old ( including myself when I was that age) who did not argue / fight with his / her parents. The fact that you and your parents are fighting does not mean that you are wrong or that they are wrong.... simply... Read more »

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1 Answer | Asked in Criminal Law and Juvenile Law for New Jersey on
Q: Is it okay for an 18 year old girl to be dating a 15 year old boy in New Jersey?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Apr 3, 2020

Sex does not matter, age matters and if this gets sexual in any way it could be considered endangering a welfare of a minor.

1 Answer | Asked in Juvenile Law and Criminal Law for New Jersey on
Q: My ex wife is allowing our 15 year old daughter to date a 19 year old man. If this continues can I file charges?

I just found this information out. Can I press charges against this young man if he refuses to stop seeing her, and can I press charges against my ex wife for child endangerment?

Leonard R. Boyer
Leonard R. Boyer
answered on Nov 29, 2019

Yes you can file charges. There is a long list of possible criminal charges that can be filed against both the 19 year old and your ex-wife. The sooner you take action the less danger your daughter will be in. Good luck.

1 Answer | Asked in Criminal Law and Juvenile Law for New Jersey on
Q: My neighbors put a camera in their car pointed directly at my front lawn where my two year old plays. Is it illegal

We have open harassment charges against them because they constantly harass us day in and day out. This is something that we think they have done just to get on our nerves but I’m worried about what they will do with footage of my two year old.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Jul 20, 2019

It's generally not considered illegal to have a camera recording in public unless for example it was used to look inside a private area in your house via the window etc.

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