The involuntary waiver of a juvenile from the Family Part to the Criminal Part is one of the most significant decisions that a court can make in a young person’s life. There is a fundamental difference between juvenile courts (the Family Part), which focus on rehabilitation of youths and adult criminal courts (The Criminal Part), which are more focused on deterrence and punishment. State in the Int. of E.S., 470 N.J. Super. 9, 17 (App. Div. 2021).

A juvenile waived to an adult criminal court will usually be exposed to much more severe punitive sanctions, including lengthy prison terms and mandatory periods of parole ineligibility. In addition, the offender will no longer be eligible for the special rehabilitative programs available to juveniles. In fact, the transfer of a juvenile to adult criminal court is “so momentous that it has constitutional dimensions.” State in the Int. of Z.S., 464 N.J. Super. 507, 513 (App. Div. 2020). A juvenile is entitled to a hearing, effective assistance of counsel, and a statement of reasons. Kent v. United States, 383 U.S. 541, 554, 556, (1966); State v. J.M., 182 N.J. 402, 410 (2005).

The standards for involuntary waiver of a juvenile to adult criminal court are governed by the “New Jersey’s Juvenile Code” (renamed “New Jersey Code of Youth Justice,” (effective March 17, 2025)), N.J.S.A. 2A:4A-20 to -92.

Under the Code, a prosecutor seeking a waiver of jurisdiction for a juvenile delinquency case, without the consent of the juvenile, shall file a motion within 60 days after the receipt of the complaint, which may be extended for good cause shown. N.J.S.A. 2A:4A-26.1(a). The motion must be accompanied by a written statement of reasons clearly setting forth the facts used in assessing all factors contained in N.J.S.A. 2A:4A-26.1(c)(3), and an explanation as to how evaluation of those facts support waiver for the juvenile. N.J.S.A. 2A:4A-26.1(a).

At the waiver hearing, the court shall receive the evidence offered by both the State and by the juvenile. N.J.S.A. 2A:4A-26.1(b). At the conclusion of the hearing, the Family Part shall waive jurisdiction of a juvenile delinquency case without the juvenile’s consent and shall refer the case to the appropriate court and prosecuting authority having jurisdiction if:

  1. The juvenile was 15 years of age or older at the time of the alleged delinquent act; and
  2. There is probable cause to believe that the juvenile committed a delinquent act which if committed by an adult would constitute:
  • (a) criminal homicide, other than death by auto;
  • (b) strict liability for drug-induced deaths;
  • (c) first degree robbery;
  • (d) carjacking;
  • (e) aggravated sexual assault;
  • (f) sexual assault;
  • (g) second degree aggravated assault;
  • (h) kidnapping;
  • (i) aggravated arson;
  • (j) possession of a firearm with a purpose to use it unlawfully against the person of another . . . ;
  • (k) violation of N.J.S.2C:35-3 (Leader of a Narcotics Trafficking Network);
  • (l) violation of N.J.S.2C:35-4 (Maintaining and Operating a CDS Production Facility);
  • (m) weapons possession while committing certain CDS offenses);
  • (n) an attempt or conspiracy to commit any of the above crimes; or
  • (o) a crime committed at a time when the juvenile previously had been sentenced and confined in an adult correctional facility.
  • [N.J.S.A. 2A:4A-26.1(c)(1),(2).]

The Family part, may however, deny a motion by the prosecutor to waive jurisdiction of a juvenile delinquency case if it is clearly convinced that the prosecutor abused his discretion in considering the following factors in deciding whether to seek a waiver:

  • (a) The nature and circumstances of the offense charged;
  • (b) Whether the offense was against a person or property, allocating more weight for crimes against the person;
  • (c) Degree of the juvenile’s culpability;
  • (d) Age and maturity of the juvenile;
  • (e) Any classification that the juvenile is eligible for special education to the extent this information is provided to the prosecution by the juvenile or by the court;
  • (f) Degree of criminal sophistication exhibited by the juvenile;
  • (g) Nature and extent of any prior history of delinquency of the juvenile and dispositions imposed for those adjudications;
  • (h) If the juvenile previously served a custodial disposition in a State juvenile facility operated by the Juvenile Justice Commission, and the response of the juvenile to the programs provided at the facility to the extent this information is provided to the prosecution by the Juvenile Justice Commission;
  • (i) Current or prior involvement of the juvenile with child welfare agencies;
  • (j) Evidence of mental health concerns, substance use disorder, or emotional instability of the juvenile to the extent this information is provided to the prosecution by the juvenile or by the court; and
  • (k) If there is an identifiable victim, the input of the victim or victim’s family.
  • [N.J.S.A. 2A:4A-26.1(c)(3).]

Thus, at the waiver hearing, the Family Part judge must not only find probable cause that the juvenile committed an act covered by the waiver statute, but must also be satisfied that the prosecutor did not abuse his discretion when considering the N.J.S.A. 2A:4A-26.1(c)(3) factors. “No one factor, however, may be treated as dispositive—such as the severity of the charged offense.” State in the Int. of Z.S., 464 N.J. Super. at 535 (emphasis added). The Family Part is authorized to deny the State’s waiver motion if the court concludes the State abused its discretion in evaluating the N.J.S.A. 2A:4A-26.1(c)(3) factors.

Criminal law is complicated and constantly changing. If you are facing criminal charges, you should immediately contact our team of experienced former prosecutors to schedule a free case review with one of our expert criminal defense attorneys. A complete understanding of criminal law by your attorney is crucial to your defense. Your rights and freedoms are in jeopardy, and you owe it to yourself to act. We are available to provide immediate assistance and further counsel on your case at 862-315-7929.

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