New Jersey Juvenile Pre-Trial Detention
Juvenile Criminal Defense Lawyers in Morristown, New Jersey
Of course, juvenile charges can tarnish your child’s criminal record; however, being held in detention before their case is resolved can be extremely traumatic, even if the charges are ultimately dismissed. If you have a child facing criminal charges in New Jersey, it is essential to enlist a seasoned juvenile justice attorney to fight for your child and ensure the best possible result in his or her case. The Tormey Law firm is a group of highly regarded trial lawyers with an office in Morristown, NJ. Our attorneys have defended countless juvenile clients charged with criminal offenses such as aggravated assault, shoplifting, and resisting arrest in Roxbury, Denville, Parsippany, Dover, Morristown, and throughout New Jersey.
Our founding partner, Travis J. Tormey, has successfully handled thousands of criminal cases in New Jersey, many of which involved juvenile clients. Recently, Mr. Tormey handled a juvenile marijuana possession case in Morristown, NJ. At Mr. Tormey’s request, the Family Intake Division diverted the case to a probation officer, who allowed the juvenile to complete community service and held the charges in abeyance (pending) for 90 days. When Mr. Tormey’s client completed the community service and remained arrest-free during 90-day probationary period, the charges were dismissed. Another one of our firm’s partners, Alissa D. Hascup, served with the Morris County Prosecutor’s Office, where she successfully represented the State of New Jersey at numerous criminal trials. Additionally, as a Municipal Court Prosecutor, Ms. Hascup regularly handled every type of charge that could be heard in Municipal Court, including underage alcohol-related offenses. If your child is facing criminal charges in Morris County or elsewhere in New Jersey, we can be reached anytime at 866-949-6948, or use the online contact form to schedule a no-obligation appointment at our offices in Morristown.
Juvenile Rules Governing Pre-Trial Detention in New Jersey
New Jersey has adopted R. 5:21-5, which sets forth the standard to be applied by the Juvenile Court when determining whether Pre-Trial Detention is appropriate. This Rule provides as follows:
5:21-5. Standards for Detention
(a) Juveniles Over the Age of 11. The court shall only order pretrial detention of a juvenile over the age of 11 if it finds, pursuant to subparagraphs (1) and (2) hereof, either that detention is necessary to secure the presence of the juvenile at the next hearing or that the physical safety of persons or property of the community would be seriously threatened if a juvenile, charged with an offense as hereafter set forth, were not detained.
(1) The necessity of detention to secure the presence of a juvenile at the next hearing may be demonstrated by the juvenile’s record of recent willful failure to appear at juvenile court proceedings or the juvenile’s unauthorized departure from a placement made by the court or the court intake service.
(2) For purposes of this rule a juvenile may be detained to protect the physical safety of persons or property only if the juvenile is charged with an offense which, if committed by an adult, would constitute a crime. If the charge would constitute a repetitive disorderly persons offense, the juveniles shall be detained only if the judge determines that there is a likelihood that upon adjudication of delinquency a custodial disposition will be ordered.
(3) When the criteria for detention are met and the juvenile is charged with an offense which, if committed by an adult, would constitute a disorderly persons or petty disorderly persons offense, the juvenile may be placed in detention temporarily. Police and court intake personnel shall make all reasonable efforts to locate a parent or guardian to accept custody of the juvenile prior to requesting or approving the juvenile’s placement in detention. If, after the initial detention hearing, continued detention is necessary, the juvenile shall not be detained in a secure facility but shall be transferred to a shelter or other non-secure placement.
(b) Juvenile Not Over the Age of 11. The court may order pretrial detention of a juvenile not over the age of 11 only if the juvenile is charged with an offense which, if committed by an adult, would constitute a crime of the first or second degree or arson and provided further that the juvenile otherwise meets either of the detention criteria of paragraph (a) of this rule.
Contact a Rockaway NJ Juvenile Crime Defense Attorney Today
For additional information about your juvenile charges in Morris County or elsewhere in New Jersey, contact us anytime at 866-949-6948, or use our online contact form to schedule a free consultation about your case. We will look over the details of your file and determine the best strategy to help you avoid serious criminal penalties.