Teenagers Charged with Aggravated Arson in Connection with Burlington County Wildfires. Are there diversion options and what happens if these youths are adjudicated delinquent in New Jersey?
Burlington County authorities have charged two teenagers with aggravated arson which allegedly started wildfires that consumed over 52 acres in Burlington County. At least one remains in custody at the Middlesex County Juvenile Detention Center awaiting his first appearance in Superior Court.
Our criminal defense represents individuals charged with crimes and offenses in Pennsylvania and New Jersey. Sometimes these incidents involve allegations against juveniles. No parent or guardian wants to deal with a juvenile delinquency issue, but it does happen! At our initial consultation with a parent and the juvenile, our criminal defense law firm explains the process to parents and guardians who are obviously concerned about their child and the long-term consequences of a potential criminal allegation or conviction.
What is Delinquency in New Jersey?
Delinquency is defined as an act by a juvenile under the age of 18, if committed by an adult, would constitute an offense, crime, a disorderly person’s offense, a petty disorderly person’s offense or a violation of any other penal statute, ordinance, or regulation within a State (or Commonwealth). This is the situation in this case in Burlington County where these two teens are charged with aggravated arson. In New Jersey, aggravated arson is a crime of the second degree, a felony in the Garden State which has a presumption of state incarceration.
How does a youth enter the juvenile justice system in New Jersey?
A youth enters the justice system when a person accuses him or her of committing an act against the law in New Jersey, Pennsylvania or any state within the United States. In New Jersey there are several things that can happen if the child is accused of committing a delinquent act.
Local Police Options in New Jersey
Following the allegation, the police officer may detain the child and then release him or her the parent or guardian with a warning. This is often referred to as a “counseled and release alternative”. In addition, the police officer may also conduct the station house adjustment. This is where the officer will not file a Complaint as long as certain conditions are satisfied. A juvenile officer should conduct the station house adjustment, but if one is not available, it can still be conducted.
If neither of the alternatives are an option because of the allegation, the police officer will file a Complaint and refer the case to the Court Intake Services. The Court will review the matter and determine how the case will be handled. The Court will decide whether the Complaint should be diverted and sent to a juvenile referee or sent directly to the Superior Court. It is likely that in this case, these matters will be sent to the Superior Court. This charge is far too serious.
Diversion Option – Juvenile Conference Committee & Referees
What is a Juvenile Conference Committee
If it is the youth’s first or second offense of a minor criminal allegation, the Complaint may be diverted to a juvenile conference or intake service conference. The Juvenile Conference Committee is comprised of community residents appointed by the Court to review certain delinquency allegations. Intake service conferences are conducted by a Superior Court intake staff in order to review slightly more serious delinquency allegations.
The parent of the youth against whom the Complaint is filed are invited to discuss the offense of the factors. This is an informal discussion, and the attorneys are not required to attend it.
If all the conditions set by the Juvenile Conference Committee are followed, the Complaint is dismissed. If, however, the conditions are not followed, the Complaint will go back to Court and be heard by a Judge.
Pre-Trial Juvenile Confinement/Detention
Like an adult, police can not only take a youth into custody but they and the prosecution can ask that they be held prior to final disposition. While the state will not hold a youth at a facility with adults, it can and will hold them in a juvenile facility based on the following:
- The nature of the offense,
- The need to protect society from an alleged dangerous individual,
- A past record of delinquency,
- A failure to appear in court (FTA), or
- A failure to abide by conditions of the court.
If a youth is detained, a court will conduct an initial detention hearing within 24 hours of that placement where it will determine whether to release or detain the child. At that point if the court does not release the youth into the parents’ custody, they will conduct an initial probable cause hearing and a 2nd detention hearing within 2 court days. The court at that point will require your child to have an attorney.
Formal Adjudication Proceedings
Remember that probable cause is a reasonable ground to believe that the youth has committed or is committing the crime or delinquent offense. If the court finds probable cause, the judge will schedule an adjudication hearing and determine whether to continue to hold the child at a detention center or release them to their parents. A judge will conduct a detention review hearing every 14 days at which the juvenile’s status will be reconsidered.
Prior to a formal adjudication hearing, the judge will schedule a “counsel mandatory” plea hearing. This hearing is similar to an arraignment in criminal court for an adult. At this hearing your child’s attorney will be provided with the discovery and the court will expect either a plea following the review of it or a denial. If the matter proceeds to an adjudication heading, the evidentiary burden of proof remains on the state which is guilt beyond a reasonable doubt, even though a judge doesn’t technically judge the juvenile guilty but rather delinquent.
If a court determines a juvenile delinquent there are a number of sentencing options including:
- Probation,
- Community based services,
- Fines and restitution,
- Non-institutional day or residency programs, and
- Incarceration in a juvenile justice institution.
Contact Our Criminal Defense Lawyers in New Jersey and Pennsylvania
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