A juvenile gun charge in New Jersey can move quickly, with decisions about detention and possible adult prosecution arising early in the case. Most firearm charges involving someone under 18 begin in the Family Part of Superior Court, but prosecutors may seek to move certain serious cases to adult court when the juvenile was at least 15 and the statutory requirements for waiver are met. If the juvenile is detained, an initial detention hearing must be held no later than the morning after placement in detention.
Lustberg Law Offices, LLC defends juveniles and adults facing firearm charges. New Jersey gun crime attorney Adam M. Lustberg represents clients through each stage of the criminal and juvenile court process. Our team handles cases involving unlawful firearm possession, weapons allegations, detention hearings, and cases that may be considered for waiver to adult court.
This guide explains how the juvenile process works, when a firearm case can be waived to adult court, what dispositions and sentences are possible, and when a juvenile record can be expunged. Call Lustberg Law Offices, LLC at (201) 880-5311 to discuss your case and legal options.
What Gun Charges Can a Juvenile Face in New Jersey?
A juvenile can face many of the same weapons charges that apply to adults. Common firearm charges include unlawful possession of a weapon under N.J.S.A. 2C:39-5 and possession of a weapon for an unlawful purpose under N.J.S.A. 2C:39-4.
Unlawful possession involves possessing or controlling a firearm without the permit or license required by law. Possession of a handgun without a permit to carry is a second-degree crime. Possession of a firearm for an unlawful purpose is also a second-degree crime and requires the State to prove that the juvenile intended to use the weapon unlawfully against another person or property.
New Jersey also has firearm restrictions that specifically apply based on age. Under N.J.S.A. 2C:58-6.1, a person under 18 cannot purchase or otherwise acquire a firearm, while a person under 21 cannot purchase or otherwise acquire a handgun. A violation is a fourth-degree crime. The statute includes exceptions for certain activities, such as supervised firearm use at an authorized range, military drills, and lawful hunting with the required license and firearm safety training.
The way these charges are handled changes when the accused is under 18. New Jersey classifies indictable crimes by degree rather than formally using the term “felony,” but a juvenile case proceeds through a delinquency complaint rather than an adult criminal indictment. The Family Part determines whether the juvenile committed an act that would constitute a crime if committed by an adult. An adjudication of delinquency is not a criminal conviction, but the degree and circumstances of the alleged offense affect the possible consequences and how the defense approaches the case.
How Does New Jersey’s Juvenile Justice Process Work?
A juvenile delinquency case starts with intake screening. Court staff and the county prosecutor’s office review the complaint and determine whether the case will proceed through an informal diversion program or be placed on the formal court calendar. Each county prosecutor follows written guidelines for screening juvenile complaints, so procedures can differ by county.
Diversion can include a Juvenile Conference Committee or Intake Services Conference and allows eligible cases to be resolved without a formal hearing before a Family Part judge. When the complaint involves an indictable offense, diversion requires the prosecutor’s consent. Prosecutors should not consent to diversion for first- or second-degree charges absent special circumstances.
Cases placed on the formal calendar are heard by a Family Part judge rather than a jury. In Bergen County, these matters are handled in the Family Part of Superior Court. Juvenile records have confidentiality protections, but certain information must be disclosed when an adjudication involves conduct that would constitute a first-, second-, or third-degree crime if committed by an adult, unless the court finds that disclosure would cause specific and extraordinary harm.
The formal juvenile process differs from an adult criminal case. There is no grand jury, indictment, jury trial, or bail proceeding, and a judge determines whether detention is appropriate. A juvenile must have an attorney for a formal delinquency hearing before a Family Part judge, while certain informal proceedings do not require counsel.
Can a Juvenile Be Tried as an Adult for Gun Charges?
Yes. A juvenile gun case can be transferred to adult court through a process called waiver. Under N.J.S.A. 2A:4A-26.1, the prosecutor can seek waiver when the juvenile was at least 15 at the time of the alleged offense and there is probable cause to believe the juvenile committed an offense specifically listed in the statute.
Firearm-related offenses that can support waiver include:
- Possession of a firearm with the purpose of using it unlawfully against another person under N.J.S.A. 2C:39-4(a)
- Possession of a firearm while committing, attempting to commit, or fleeing from certain offenses, including aggravated assault, aggravated criminal sexual contact, burglary, home invasion burglary, residential burglary, or escape
- Possession of a weapon while committing certain controlled dangerous substance offenses under N.J.S.A. 2C:39-4.1
- Other serious offenses listed in the waiver statute, including first-degree robbery and carjacking
Unlawful firearm possession under N.J.S.A. 2C:39-5, by itself, is not one of the offenses listed as a basis for waiver.
To seek waiver, the prosecutor must submit a written statement explaining the reasons for the request and addressing the statutory factors. These include the circumstances and seriousness of the offense, the juvenile’s role in the alleged conduct, age and maturity, criminal sophistication, prior delinquency and custodial history, child welfare involvement, certain mental health or substance use information, and input from the victim or the victim’s family when applicable. Prior delinquency is a factor in this decision, but it is not required for waiver.
If the case is waived, it moves from the Family Part to the Criminal Division, where the juvenile is prosecuted as an adult. The case can proceed through a grand jury and jury trial, and an adult conviction can expose the juvenile to adult sentencing ranges and applicable mandatory minimum terms.
Key Takeaway: Not every juvenile gun charge qualifies for adult prosecution. The specific offense matters, and unlawful firearm possession alone under N.J.S.A. 2C:39-5 is not an independent basis for waiver.
What Happens at a Detention Hearing for a Juvenile?
If a juvenile is placed in detention before the case is resolved, the court must hold an initial detention hearing no later than the morning after placement, including weekends and holidays. At the hearing, the judge decides whether the juvenile should remain in a secure detention facility or be released to a parent or guardian while the case is pending.
New Jersey law requires release unless the statutory grounds for detention are met. Continued detention can be ordered when there is a qualifying history of failing to appear or when release would seriously threaten the physical safety of people or property and the juvenile is charged with a qualifying offense. These offenses include first-, second-, and third-degree crimes, along with certain fourth-degree offenses involving prohibited or unlawfully possessed weapons.
If the juvenile remains detained, the court must continue reviewing the detention decision. A detention review hearing with counsel must take place within 14 days of the prior hearing. Additional review hearings are required at intervals of no more than 21 court days while detention continues.
Gun Crime Attorney in Hackensack – Lustberg Law Offices, LLC
Adam M. Lustberg, Esq.
New Jersey gun crime lawyer Adam M. Lustberg represents individuals facing firearm and weapons charges, including unlawful possession of firearms and cases involving other serious criminal allegations. He has practiced criminal defense since 2004 and represents clients through each stage of the criminal process, from initial court proceedings through trial.
Adam earned his J.D. from Seton Hall University School of Law and is admitted to practice in New Jersey and New York. His background includes work with the Essex County Public Defender’s Office and Seton Hall’s Juvenile Justice Clinic, as well as experience representing defendants in more than 30 detention hearings. He brings this criminal defense experience to gun cases involving firearm possession, detention, and other consequences of a weapons charge.
Does the Graves Act Apply to Juveniles in New Jersey?
The Graves Act does not impose its mandatory minimum sentences on a juvenile whose case remains in the Family Part. A juvenile adjudicated delinquent for unlawful handgun possession is sentenced under New Jersey’s juvenile disposition laws rather than the adult Graves Act sentencing provisions.
The Graves Act becomes relevant if the case is waived to adult court and results in a conviction for a qualifying firearms offense. For qualifying unlawful handgun possession, the mandatory period of parole ineligibility is one-half of the sentence imposed or 42 months, whichever is greater.
N.J.S.A. 2C:43-6.2 provides a limited exception for a defendant with no prior conviction for an offense covered by the Graves Act. The prosecutor can ask the assignment judge to impose probation or reduce the mandatory period of parole ineligibility to one year when the mandatory minimum would not serve the interests of justice. The sentencing court can also refer the case to the assignment judge with the prosecutor’s approval.
What Penalties Can a Juvenile Face for a Gun Charge?
The penalties for a juvenile gun charge depend on the offense and the circumstances of the case. The Family Part can impose deferred disposition, probation for up to three years, community supervision, counseling or substance abuse treatment, restitution, community service, fines, or commitment to a facility operated by the Youth Justice Commission (YJC).
The maximum period of YJC commitment depends on the degree of the underlying offense. These limits are shorter than the adult sentencing ranges that apply if a case is waived to adult court.
| Offense degree | Maximum YJC commitment in Family Part | Adult sentencing range if waived |
|---|---|---|
| Second degree (handgun possession, unlawful purpose) | 3 years | 5 to 10 years, Graves Act minimum applies |
| Third degree (firearm on school property) | 2 years | 3 to 5 years |
| Fourth degree (acquiring a firearm as a minor) | 1 year | Up to 18 months |
| Disorderly persons offense | 6 months | Up to 6 months in county jail |
A firearm adjudication can also have consequences beyond the court-imposed disposition. A juvenile adjudicated delinquent for conduct involving the unlawful use or possession of a weapon can face restrictions on obtaining a handgun purchase permit or firearms purchaser identification card later in life, along with school disciplinary proceedings. Immigration consequences require separate analysis because a juvenile delinquency adjudication is not treated as a criminal conviction for federal immigration purposes, although the underlying conduct or a later adult court conviction can still affect immigration matters.
Can a Juvenile’s Gun Charge Record Be Expunged?
Yes, a juvenile gun charge or adjudication can be eligible for expungement in New Jersey, but eligibility depends on the offense and the juvenile’s subsequent record. Expungement is not automatic, and the requirements differ depending on how the underlying conduct would have been classified if committed by an adult.
Under N.J.S.A. 2C:52-4.1, an individual juvenile adjudication follows the expungement rules that apply to the corresponding adult offense. Conduct that would constitute a crime is addressed under N.J.S.A. 2C:52-2, while disorderly persons or petty disorderly persons offenses fall under N.J.S.A. 2C:52-3. A person can also seek expungement of an entire juvenile delinquency record after three years have passed from the applicable final discharge or court order if all statutory requirements are satisfied.
Not every juvenile adjudication qualifies for expungement. If the underlying conduct corresponds to an adult offense that is barred from expungement, the juvenile adjudication is subject to the same restriction. This makes the nature and grading of the firearm offense important when determining eligibility.
Once an expungement is granted, New Jersey law treats the arrest, adjudication, and related proceedings as though they did not occur, subject to specific statutory exceptions. Expunged records can still be disclosed or considered in certain criminal justice and government employment circumstances.
Key Takeaway: The three year waiting period does not make a juvenile record automatically eligible for expungement. The underlying offense, completion of the required waiting period, and the person’s subsequent record all affect eligibility.
What Should Parents Do After a Juvenile Gun Arrest?
The first days after a juvenile gun arrest can involve intake screening, a detention hearing if the child is held, and an early review of whether the charge qualifies for waiver to adult court. Parents can take several steps to protect their child’s rights and help their gun crime lawyer prepare for these proceedings:
- Contact a gun crime lawyer promptly: A juvenile should speak with an attorney before answering questions about the alleged offense. Counsel can review the charge, the circumstances of the arrest, and any upcoming detention or court proceedings.
- Gather relevant information: Collect school and attendance records, treatment or counseling information, and details about family supervision that could be relevant to release or disposition. Discuss with counsel what information should be provided during the case.
- Prepare for a detention hearing: If the juvenile remains detained, work with counsel to develop a supervision plan and gather records that support release to a parent or guardian.
- Follow all release conditions: Make sure the juvenile attends required proceedings and complies with court-ordered supervision, curfews, monitoring, or other conditions.
- Preserve information about the arrest: Record who was present, where the firearm was found, what occurred before the police encounter, and other details that could help counsel evaluate the stop, search, and possession allegations.
A New Jersey gun crime lawyer can examine whether the firearm was recovered through an unlawful stop or search, challenge whether the juvenile possessed or controlled the weapon, and contest the State’s evidence of unlawful intent. When the charge qualifies for waiver, the attorney can also oppose transfer to adult court and present evidence relevant to the statutory waiver factors. Contact Lustberg Law Offices, LLC at (201) 880-5311 to discuss the arrest and the next steps in your child’s case.
Speak With a Hackensack Juvenile Gun Crime Attorney
When your child is arrested on a firearm charge, you are facing a detention hearing, an intake decision, and possibly a waiver motion within a matter of weeks. Those early decisions carry more weight than most families realize, and they are made before anyone has heard your side of what happened.
Adam M. Lustberg has represented clients in criminal defense matters since 2004, including juveniles facing serious charges in New Jersey. His background working with juveniles began through Seton Hall’s Juvenile Justice Clinic, and today he represents clients in gun cases involving firearm possession, detention proceedings, and potential waiver to adult court.
Call Lustberg Law Offices, LLC at (201) 880-5311 to schedule a free consultation. Our office is located at 1 University Plaza Dr #212, Hackensack, NJ 07601, and we represent clients throughout Bergen County and New Jersey.
Frequently Asked Questions About Juvenile Gun Charges in New Jersey
What age can a juvenile be charged with a gun crime in New Jersey?
A person under 18 accused of unlawful firearm conduct can face a juvenile delinquency complaint in New Jersey. There is no statutory minimum age for delinquency jurisdiction. Age becomes especially important for waiver because the prosecutor can seek transfer to adult court only when the juvenile was at least 15 at the time of an offense that qualifies for waiver.
Does a juvenile gun charge go on a permanent record?
A juvenile gun charge creates a court record, but the record is not automatically permanent or automatically available for public inspection. New Jersey provides confidentiality protections for juvenile records, subject to exceptions for certain offenses and circumstances. An eligible juvenile record can also be expunged after the applicable waiting period, and other statutory requirements are satisfied.
Can a juvenile be held in adult jail before trial?
A juvenile whose case remains in the Family Part is detained in a juvenile detention facility rather than an adult jail. If the case is waived to adult court, different custody rules apply. Current New Jersey law also addresses where a juvenile serves a custodial sentence following an adult court conviction, including a presumption of placement in a Youth Justice Commission facility until age 21 for qualifying cases, subject to statutory transfer provisions.
What is the difference between delinquency and a criminal conviction?
An adjudication of delinquency means the court found that a juvenile committed an act that would constitute a crime if committed by an adult. It is not a criminal conviction. If a juvenile case is waived to adult court and results in a guilty plea or verdict, the result is an adult criminal conviction with the sentencing consequences that apply to the offense.
Can a first-time juvenile offender avoid detention?
Yes. Being charged with a gun offense does not automatically require detention, even for a first-time juvenile offender. The court determines whether the statutory grounds for detention are met, including whether there is a qualifying history of failing to appear or whether release would seriously threaten the safety of people or property in a case involving a qualifying offense.
Will my child’s school find out about the charge?
Yes, the school receives notice in qualifying weapons cases. Under N.J.S.A. 2A:4A-60, law enforcement or the prosecuting agency must provide written notice to the school principal when the alleged conduct would constitute a crime if committed by an adult and involves the unlawful use or possession of a firearm or other weapon. The school must keep that information confidential and restrict its use and disclosure as required by law.
