Juvenile Robbery Charges in NJ | Aggressive Defense for Your Child
Your child was arrested for robbery. Police are calling. You're terrified. You assume the juvenile system will handle this - focus on rehabilitation, give your kid a second chance. That assumption is about to destroy your family.
We understand. Every parent in your position believes the same thing. "It's juvenile court - it's different." For most offenses, that's partially true. For robbery in New Jersey, especially first-degree robbery, that belief is catastrophically wrong.
Welcome to Spodek Law Group. Here's what nobody tells you until it's too late: if your child is 15 or older and charged with first-degree robbery, the court MUST transfer the case to adult criminal court. Not "may" - MUST. That's New Jersey law. N.J.S.A. 2A:4A-26. The word in the statute is "shall."
In juvenile court, first-degree robbery maxes out at 4 years. In adult court, it's 10-20 years in state prison - and under the No Early Release Act, your child serves 85% before parole eligibility. That's the difference between coming home at 19 or at 32.
The Mandatory Waiver Nobody Told You About
New Jersey has "waiver" provisions that allow prosecutors to transfer juvenile cases to adult court. For most offenses, this requires a hearing. The defense can argue. The judge has discretion.
First-degree robbery is different. Under N.J.S.A. 2A:4A-26, when a juvenile is 15 or older and charged with first-degree robbery, the court "shall waive jurisdiction." SHALL. Not "may consider." Not "should evaluate." The law requires automatic transfer to adult court once the prosecutor establishes probable cause.
According to New Jerseys Juvenile Waiver Practice Report from the Office of Attorney General, 87.5% of waivers granted between 2020-2021 were for first-degree offenses. Robbery was the second most common offense type, accounting for 32.5% of all waivers - second only to homicide at 38.8%. Your childs charge puts them in the category prosecutors treat most aggresively.
Robbery becomes first-degree when the actor: attempts to kill, inflicts or attempts to inflict serious bodily injury, or is armed with or uses a deadly weapon. Heres what most people dont realize - even a fake weapon counts. A toy gun elevates the charge to first degree if the victim reasonably percieved it as real.
The prosecutor has 60 days from recieving the case to file the waiver motion. Once filed, the courts hands are tied. This is why timing matters. This is why early intervention matters. By the time most parents realize whats happening, the window for meaningful defense strategy has closed.
4 Years vs. 17 Years: The Sentencing Cliff
The difference between juvenile and adult court isnt abstract. Its years of your childs life.
In juvenile court, even first-degree armed robbery carries a maximum of 4 years in a juvenile detention facility. Theres no mandatory minimum. Sentences arent subject to NERA. Juveniles typically serve about one-third of there sentence. A 4-year sentence might mean 16 months actual detention.
In adult court, first-degree robbery carries 10-20 years in New Jersey State Prison. The No Early Release Act applies - meaning your child must serve 85% of the sentence before becoming parole-eligible. A 15-year sentence means nearly 13 years behind bars. Minimum.
Consider James Comer. He was 17 years old in 2000 when he participated in a robbery in Newark. He wasnt even the triggerman - he was an accomplice. His original sentence: 75 years, with no parole eligibility for 68 years. He was released in October 2025 after nearly 26 years, only after the New Jersey Supreme Court ruled in 2022 that juveniles cant face the same mandatory sentences as adults. Twenty-six years. For a crime commited at 17.
And robbery charges often dont come alone. Second-degree robbery: 5-10 years. First-degree: 10-20 years plus NERA. If a weapon was involved and its classified as a firearm, the Graves Act adds mandatory minimums. Aggravated assault stacks additional years. One incident can generate multiple charges, and in adult court, every single one carries adult penalties.
Your Child's Rights Are Not What You Think
Most parents believe two things about the juvenile system: that there child has strong rights during questioning, and that juvenile records are sealed. Both beliefs are dangersly incomplete.
In New Jersey, a juvenile CAN waive Miranda rights without parental consent. The court later evaluates whether the waiver was "voluntary" based on mental capacity, age, education, and experience. But in that moment - your scared 15-year-old in a police station at 2am - they can legally waive the rights that would protect them. And statements are admisible even if the child didnt fully understand what they were giving up.
Heres what nobody tells you about parental presence. Police must make "reasonable efforts" to contact parents before questioning a juvenile. Parents think there presence protects there child. It dosent.
"Private" conversations between parents and children in police facilities are recorded. Only attorney conversations are actually priveleged. The recording equipment is required to be turned off only when a person consults with counsel. Parent-child conversations? Recorded. Admissible. Parents often unknowingly encourage there child to "tell the truth" and cooperate - waiving rights that an attorney would have protected.
And those "sealed" juvenile records? Sealed dosent mean gone.
Sealed juvenile records remain visible to:
- Law enforcement officers
- Courts and prosecutors
- State agencies including social services
- School officials with Board of Education approval
- Military recruiters (affects enlistment)
- Professional licensing boards
If your child has any subsequent adjudication or conviction, the sealing order is automaticaly nullified. Every sealed record becomes unsealed.
Todd Spodek tells every parent the same thing: the juvenile justice system uses softer language but carries permanent consequences. Your child isnt "arrested" - theyre "taken into custody." They arent "convicted" - theyre "adjudicated delinquent." But a first-degree robbery adjudication still means years of detention. And that record follows them into job applications, military enlistment, professional licensing, and any future encounter with the criminal justice system.
When You're Ready
If your child has been charged with robbery in New Jersey, your terrified. Thats the right reaction. This is serious.
The prosecutor has 60 days to file for waiver. Once that motion is filed, the court's hands are tied. The window for meaningful defense strategy exists now - not after the transfer hearing, not after adult charges are filed.
Spodek Law Group handles juvenile robbery defense throughout New Jersey. We understand the waiver process. We understand what it takes to fight for juvenile court jurisdiction when the law allows it, and how to mount an aggressive defense in adult court when it doesn't. The consultation is free.
Call us at 212-300-5196. The earlier you call, the more options exist. Your child deserves an attorney who understands that 60-day window, understands what triggers mandatory waiver, and knows how to fight.
We're here when you need us.
