State of New Jersey in the Interest of A.D., A-122 September Term 2010; majority opinion by Patterson, J., dissent by Albin, J.; decided September 20, 2012. On appeal from the Superior Court, Appellate Division, 420 N.J. Super. 144 (2011) D.D.S. No. 14-1-7724 [35 pp.]
The court considers N.J.S.A. 2A:4A-26, which authorizes waiver of family court jurisdiction over the prosecution of juveniles who are fourteen years old or older for certain offenses and referral of those juveniles to adult criminal court, on motion of the prosecutor. For such juveniles, waiver requires a finding by the trial court, after a hearing, that there is “probable cause” to believe that the juvenile committed a delinquent act which if committed by an adult would constitute one of a list of serious crimes in the waiver statute. Pursuant to a 2000 amendment to the statute, juveniles who are sixteen or seventeen years of age at the time of their offenses, and charged with enumerated crimes, are not entitled to present evidence that the prospect of rehabilitation substantially outweighs the reasons supporting waiver. The probable cause finding is thus a pivotal step in the waiver application.
