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Juvenile Incarceration in New Jersey

Posted by Daniel Rosenberg on March 27, 2014

Juvenile Incarceration Juveniles are not subject to the same penalties as adults. They are sentenced according to the Juvenile Justice Code (“JJC”) with the goal and intent to rehabilitate the juvenile.  In some cases, incarceration is required.  The JJC provides for specific terms of incarceration for different grades of offenses.   In juvenile court, a judge…

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Felonies, Misdemeanors and Punishments in New Jersey

Posted by Daniel Rosenberg on March 27, 2014

Felonies and Misdemeanors in New Jersey Simply stated, New Jersey does not have felonies or misdemeanors.  New Jersey defines unlawful conduct as “crimes” or “offenses”. Crimes and offenses are categorized in New Jersey in terms of “degrees”, “disorderly persons” offenses or “petty disorderly persons” offenses. The criminal code provides for First Degree, Second Degree, Third Degree,…

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How to Get a Copy of your Criminal Record in New Jersey

Posted by Daniel Rosenberg on March 26, 2014

Criminal Record in New Jersey If you have ever been arrested or charged with a crime or offense in New Jersey, you have some form of criminal record.  New Jersey does not have an “automatic” removal of arrests or convictions.  This is certainly problematic if you are looking for employment.  You should know exactly what your record shows. …

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Juvenile Diversionary Programs

Posted by Daniel Rosenberg on March 25, 2014

Juvenile Conference Committee or Intake Services Conference A delinquency complaint can be referred to a Juvenile Conference Committee (“JCC”) or Intake Services Conference (“ISC”).  A JCC is a trained citizen volunteer panel appointed by the court.  An ISC is conducted by a Judiciary staff person. The ISC program handles cases that are referred through the Juvenile Group…

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New Jersey Bill to Decriminalize Marijuana

Posted by Daniel Rosenberg on March 24, 2014

Legalize Possession, Cultivation and Sale of Marijuana in New Jersey On Monday, March 24, 2014, Legislation was introduced in New Jersey that would decriminalize marijuana in certain circumstances.  The Bill proposes to legalize possession, cultivation and sale of small amounts of marijuana.  “It’s time to update our archaic drug laws,” Senate Judiciary Committee Chairman Nicholas Scutari, D-Union, said…

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Does my child need a Lawyer in New Jersey Juvenile Court?

Posted by Daniel Rosenberg on March 23, 2014

Does your child need a lawyer? Juveniles who are charged on a complaint for juvenile delinquency are treated much differently from adults charged criminally.  Those differences are various.  One significant difference is a juvenile’s requirement to retain a lawyer.  A parent, guardian, or caregiver should always consider consulting an attorney for any legal matter or…

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Expungements in New Jersey

Posted by Daniel Rosenberg on March 23, 2014

What is an Expungement? When a person is arrested, that person gets a criminal record. At a minimum, there is a record of an arrest. If the person is later convicted, then the person has a record of both an arrest and a conviction. These records include complaints, warrants, commitments, DNA, processing records, fingerprints, photographs, index…

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Juvenile Probation in New Jersey

Posted by Daniel Rosenberg on March 21, 2014

The Purpose of Juvenile Probation Juvenile proceedings in New Jersey are not “criminal [prosecutions,] but are exercises of the State’s parens patriae jurisdiction in the interests of the juveniles.” In re State in the Interest of Steenback, 34 N.J. 89, 104 (1961).  They are not governed in the criminal court.  Rather, they are held in the Superior…

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Bail in New Jersey

Posted by Daniel Rosenberg on March 20, 2014

Constitutional Right to Bail and the Purpose of Bail Everyone charged with a crime in New Jersey has a constitutional right to Bail.  After an individual is charged and a warrant is issued, bail is required to be set within twelve (12) hours of the issuance of the complaint.  If bail is posted, defendants are released until…

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Juvenile Records in New Jersey

Posted by Daniel Rosenberg on March 18, 2014

Are Juvenile Records Sealed in New Jersey? While the common perception is that juvenile records are 100% confidential and withheld from the public, that is not exactly accurate.  The disclosure of juvenile records will depend on the facts, circumstances and ultimate outcome of the juvenile matter. Individuals under the age of eighteen (18) are deemed…

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