Could Sayreville hazing defendants be tried as adults?

As the investigation continues in the Sayreville high school football alleged sex assault case, Middlesex County prosecutors have less than a month to decide whether to file a waiver to have the defendants tried as adults, not minors.

If they're convicted in adult court they could face several years behind bars, while a conviction in family court could mean only a few weeks, or no time at all in a juvenile detention center.

"The big difference here is with the adult system, that's a system designed to punish, the juvenile justice system in New Jersey is a system set up to rehabilitate," said New Jersey defense attorney Greg Gianforcaro.

He pointed out there is significant pressure on the prosecutor to push to try the defendants as adults, for a number of reasons.

"Given the high profile situation, given the severity of the crimes, there may be a need or a desire to punish these individuals for what they did, rather than rehabilitate," he said.

Gianforcaro said because the story has made national headlines, if the case stays in family court, "it's going to be difficult not to send a message, because you've got basically the whole country looking at this and viewing the juvenile justice system in New Jersey. The New Jersey juvenile justice system is being put under a very large microscope in this case."

He said prosecutors are almost certainly reaching out to the families of the victims, discussing the different options, getting their opinion and then a decision will be made.

He also pointed out it will be difficult for the Judge in this case, because in the end, if a request is made to try the defendants as adults, he or she will have to decide whether to allow it, but the bottom line is "if the court believes they can be rehabilitated before the age of 19, then they will not be tried as adults."