Do Juveniles Have Constitutional Due Process Rights?
Juvenile proceedings are significantly different from adult criminal court cases. Despite these differences, there are a number of constitutional rights that minors do have. If your child is facing criminal charges, it may be important to understand New Jersey juvenile due process rights.
Juveniles arrested in New Jersey have the right to make at least one phone call and to receive legal counsel. Minors also have the right to know the charges they face. In addition, juveniles have the right to not be searched by the authorities without reasonable cause. Some public officials, however, may be able to conduct a search if they have reasonable suspicion of wrongdoing as opposed to probable cause, which is the standard in cases involving adults. Most juveniles are released to their parents or guardians prior to arraignment in juvenile court.
The purpose of the juvenile justice system is to help put youth on the right track. Instead of jail, a juvenile crime proceedings may result in penalties such as community service. Families should not assume, however, that a charge will not result in serious penalties. In cases involving serious crimes such as homicide or sexual assault, juveniles may be treated as adults.
The dedicated New Jersey juvenile crime defense lawyers at Lependorf & Silverstein have an excellent track record of representing juveniles and helping them get that invaluable second chance. If your child has been arrested in New Jersey or is facing charges, please call our law office at 609-240-0040 for a no-cost consultation. We are here to help.
