Camden NJ Juvenile Custody and Detention Lawyer
Criminal Defense Attorney with Offices in Collingswood, New Jersey
When it comes to juveniles in New Jersey, the criminal justice system tends to be geared more towards rehabilitation and future deterrence rather than punishing the offenders. Many times these offenders are dealing with a difficult period in their life in regards to their family or school and they end up making misguided decisions. The court system recognizes this and tries to give juveniles a second chance and get them back on the right path in life. If your son or daughter has been charged with a crime, however, you should still not take the situation lightly. It is crucial that you contact a knowledgeable and skilled attorney who has experience dealing with these situations.
The criminal defense team at the the Law Offices of Leonard Biddison defends juveniles charged with offenses such as robbery, carjacking, and simple assault in Camden County including Winslow Township, Cherry Hill, Pennsauken, and Stratford. With around 40 years of combined experience, our defense attorneys know what it takes to help get you the most desirable result in your case. In fact, one of the members of our criminal defense team is a former county prosecutor in New Jersey who used to work on various charges for the State. This means we can predict what kinds of arguments the prosecution will make and use this knowledge to defend your case. The Law Offices of Leonard Biddison are available anytime for a free initial consultation to speak with you about your case. Call us today at 877-450-8301.
Juvenile Custody and Detention in New Jersey
When a juvenile has been taken in by police on a complaint, there is a specific set of guidelines that must be followed by the police which are explained under Court Rule R. 5:21-1. This rule explains that there are a set of hearings that must take place after a juvenile has been brought in by police to determine whether or not he or she should be released to the parents or remain in custody until the the case is finished. Further, the rule requires that the police contact the parents immediately after the arrest and that the initial hearing takes place the following morning at the latest.
If the court decides to release the juvenile, it may put him or under house arrest or a rehabilitation program. If the juvenile is to remain in custody however, the following hearings must take place under Court Rule R. 5:21-1:
Initial Detention Hearing
This is the first hearing that must take place the morning after to determine if continued detention is necessary if the juvenile was not released to the parents. Said hearing shall be on oral or written notice to the juvenile and the juvenile’s parents or guardian, all of whom shall be present at the hearing. The hearing, however, shall not be adjourned if such notice or process fails to produce the attendance of the parents or guardian. If a complaint has not been filed by the time the initial hearing is held, the juvenile shall be immediately released from custody. If the juvenile is not represented by counsel at the initial hearing and if the court determines that the juvenile should be detained, a second detention hearing shall be held within two court days after the initial hearing at which the juvenile shall be represented by assigned or retained counsel or by the Public Defender as the circumstances require.
Probable Cause Hearing
If the juvenile is detained following the initial detention hearing, the court shall conduct a probable cause hearing within two court days after the initial hearing. Where a second detention hearing is required by paragraph (a), it shall be held with the probable cause hearing. If the prosecutor has filed a motion seeking waiver of jurisdiction pursuant to Rule 5:22-2 or indicates an intention to file such a motion, or the court determines based on the circumstances that such a motion is likely, the court shall permit the parties to present evidence regarding the issues of age of the juvenile and other standards for referral which may be addressed at the time of the probable cause hearing. If the court determines that there is no probable cause to believe that the juvenile has committed the conduct alleged in the complaint, the juvenile shall be forthwith released. If probable cause is found, detention review hearings shall be conducted as provided in paragraph (c).
Detention Review Hearing
If the court determines that the juvenile should continue to be detained, a detention review hearing shall be held within 14 court days after the prior detention hearing. If detention is again continued, review hearings shall be held thereafter at intervals not to exceed 21 court days. The juvenile shall be represented by counsel at all such hearings.
Findings
Whenever the court places a juvenile in detention, it shall state the reasons therefor on the record, giving consideration to the following factors among others:
(1) The nature and circumstances of the offense charged
(2) The age of the juvenile
(3) The juvenile’s ties to the community
(4) The juvenile’s record of prior adjudications (if any)
(5) The juvenile’s record of appearance or non-appearance at previous court proceedings.
Credit for Time Served
A juvenile shall receive credit on the term of a custodial sentence for any time served in detention or court-ordered shelter care between apprehension and disposition.
Contact a Winslow Twp. NJ Juvenile Defense Lawyer for Immediate Assistance
The criminal defense attorneys at the Law Offices of Leonard Biddison are always available to speak with you about your case and begin to formulate an aggressive strategy to defend you against your juvenile charges. Our criminal defense team understands the details of juvenile law in New Jersey and we will use this knowledge to help you best defend against these charges. Call us today at 877-450-8301 for a free initial consultation about your case.
