One of the biggest worries for families of juveniles arrested on carjacking charges in New Jersey is the possibility of prosecution in adult criminal court. Although New Jersey has juvenile courts designed for juveniles who commit criminal offenses, does a carjacking mean a juvenile will face prosecution as an adult?
Understanding the New Jersey Juvenile Justice System
The New Jersey juvenile justice system provides an alternative to the traditional adult criminal justice system for juvenile offenders. The justice system differs from the adult criminal system system in various ways. First, the juvenile justice system focuses on rehabilitation rather than punishment, recognizing that juveniles have a greater amenability to rehabilitation. As a result, the juvenile justice system imposes far less severe penalties than criminal courts. In addition, the juvenile justice system has confidentiality protections that are not found in adult criminal court.
For example, juvenile records can become private, protecting juvenile offenders from the lifelong stigma records might impose. Juvenile courts also specialize in working with juvenile offenders, with judges and staff receiving training to understand the developmental differences between adults and juveniles to ensure the system focuses on helping juveniles learn from their mistakes and develop skills to become law-abiding adults.
Carjacking: A Serious Offense in NJ
In New Jersey, a person commits the crime of carjacking if, while unlawfully taking a motor vehicle or attempting to take a motor vehicle unlawfully, the person:
- Inflicts injury or uses force upon an occupant or person in possession or control of the vehicle
- Threatens an occupant or person in control of the vehicle with imminent injury or purposely or knowingly puts them in fear of imminent injury
- Commits or threatens to immediately commit any first- or second-degree crime
- Operates or causes another to operate the vehicle with the occupant or person in possession or control of the vehicle still inside
In the adult criminal justice system, carjacking constitutes a first-degree crime, imposing a penalty of 10 to 30 years in prison with a minimum period of parole ineligibility of five years.
When Can Juveniles Be Tried as Adults?
In New Jersey’s juvenile justice system, a juvenile who commits a carjacking may face penalties if adjudicated delinquent for conduct that, if committed by an adult, would constitute the crime of carjacking. However, New Jersey law allows juveniles to face prosecution as adults in the adult criminal justice system under certain circumstances. Prosecutors have 60 days after filing the criminal complaint to petition the juvenile court to transfer the case to adult criminal court. The juvenile court will hold a hearing for the prosecution to prove that a juvenile meets the criteria for transfer, which include:
- The juvenile was at least 15 at the time of the offense
- The evidence supports probable cause to believe that the juvenile committed a crime that would constitute a severe offense if committed by an adult (carjacking qualifies as a severe offense)
Even when a juvenile qualifies for transfer, the juvenile court retains the discretion to deny a prosecutor’s petition if the juvenile court finds that the interests of justice do not support transfer. Juvenile courts consider various factors when evaluating a transfer petition, including:
- The nature of the offense
- Whether the crime involved people or property
- The juvenile’s age and displayed maturity or cognitive development
- The degree of the juvenile’s culpability
- The degree of the juvenile’s criminal sophistication
- Whether the juvenile has special needs
- The juvenile’s delinquency or criminal history
- Whether the juvenile experienced mental health or substance abuse issues
- The juvenile’s amenability to rehabilitation, including their response to prior rehabilitation efforts
- Statements of the victim(s) or their family
- The danger the juvenile poses to the public
When the juvenile court finds grounds for transfer, the case will proceed in adult criminal court. However, adult criminal courts can transfer cases back to juvenile court under limited circumstances.
Consequences for Juveniles Tried as Adults
A juvenile who has their carjacking case transferred to an adult court may face significant consequences if convicted. Juveniles can receive adult criminal court sentences, although they may serve their sentence in a juvenile detention facility until they turn 18. A criminal sentence can also include fines and restitution, which requires a defendant to reimburse their victim for financial expenses caused by the defendant’s offense. A carjacking conviction will also result in a juvenile having a criminal record that can appear in background checks and make pursuing employment, educational, or housing opportunities challenging.
Defenses and Legal Options
A juvenile facing prosecution in juvenile or adult criminal court for carjacking may raise various defenses to fight the charges. Common defenses to carjacking include:
- Lack of intent: A juvenile may claim they did not intend to steal a vehicle or to put a vehicle occupant in fear of imminent injury
- Mistaken identity: A defense strategy may focus on challenging the reliability of a victim’s or eyewitness’s identification or present alibi evidence to prove the juvenile was elsewhere when the carjacking occurred
- Coercion or duress: A juvenile might claim that someone threatened or forced them to commit the carjacking
- Unreliable forensic evidence: In cases involving DNA, fingerprint, or other forensic evidence, defense strategies may seek to challenge the reliability of the state’s testing
- Unlawfully obtained evidence: Defense counsel may seek to exclude evidence from the prosecution’s case by asserting that investigators obtained the evidence through violations of the juvenile’s rights, such as during an unlawful search or questioning.
A defense strategy in a juvenile carjacking case may also involve arguing against transferring the case to adult criminal court by convincing the juvenile court that keeping the case will better serve the juvenile’s needs and the public’s interests.
How a Juvenile Criminal Defense Attorney Can Help
A juvenile carjacking defense lawyer can help a family protect their child’s reputation and future through vigorous legal advocacy that includes:
- Thoroughly investigating the case to obtain all evidence, including evidence not uncovered by the police or prosecution
- Reviewing the facts to identify possible defense strategies
- Contesting efforts to transfer the case to adult court
- Challenging the prosecution’s case pre-trial by moving to exclude unreliable or unlawfully obtained evidence
- Preparing and presenting a compelling defense at trial to pursue acquittal
Contact Our Carjacking Defense Lawyers to Learn More
Get the legal help your family needs to protect your child’s rights and interests in the criminal justice system by contacting Keith Oliver Criminal Law today. Our juvenile carjacking defense lawyer will explain your child’s rights, detail possible defenses, and advise you on the best path forward.
