Juvenile Custody and Detention

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East Rutherford NJ Juvenile Custody and Detention Attorneys 

Juvenile Crimes Defense Lawyers in Hackensack, New Jersey

Travis J. Tormey is an experienced criminal defense and drunk driving (DWI) attorney who represents clients charged with various criminal offenses throughout Bergen County, including in Ridgefield Park, East Rutherford, and Fort Lee. In his years of practice, Mr. Tormey has handled thousands of criminal cases and DWI cases in both Superior Court (felonies) and Municipal Court (misdemeanors). In New Jersey, juvenile offenses are handled in Superior Court by the county prosecutor’s office. Mr. Tormey has successfully defended countless juvenile clients in many criminal cases, including marijuana possession, criminal mischief, and harassment. Mr. Tormey will use this invaluable experience as well as his long-standing relationships with local prosecutors and judges to get the best possible result in your case. Contact his office anytime at (201)-330-4979 for a free consultation.

“When my son was arrested for distribution of marijuana and MDMA, our world was a nightmare and we were scared. When we met Travis he reassured us that my son would be okay. When it came time for court we thought that our son was going to be on probation, or even worse, however, Travis was able to get my sons case dismissed. “Exactly what we wanted!” Thank you Travis for all your help. I would highly recommend the Tormey law firm they were excellent!”

– Former client’s mother 

The Juvenile Process in New Jersey: Juvenile Custody and Detention

After a juvenile is arrested on a complaint for delinquency, the court will determine whether the juvenile should be released to his or her parent or guardian pending the resolution of the matter, or if the juvenile should be held while the case is pending. When a juvenile is taken into custody, the parent or guardian must be notified immediately and an initial detention hearing must be held no later than the following morning in order to decide whether continued detention is necessary. In making this determination, the court will consider many of the same factors it considers when setting bail on an adult offender. These factors include the nature and degree of the charges, any prior criminal history, the ties to the community (such as the juvenile’s living situation), and the risk of flight. The juvenile can be released to his or her parent or guardian with any conditions the court deems necessary to impose, such as house arrest or release to a rehab facility.

After a juvenile is taken into custody and if the juvenile is not released immediately, the following events will occur:

  • An initial detention hearing must be held no later than the following morning, and the parents or guardians must be notified immediately.
  • A review hearing must be held within two (2) days of the initial detention hearing (if the juvenile was not represented by counsel at the first hearing).
  • A probable cause hearing must be held within two (2) days of the initial detention hearing (this will be held with the review hearing if a review hearing is necessary).
  • A detention review hearing must then be held within 14 days of the prior detention hearing.
  • A detention review hearing must be held every 21 days that the juvenile remains in custody.
  • When a child is detained pending the resolution of the complaint, the trial is supposed to be held within 30 days.
  • A juvenile under eleven (11) may only be detained in the case is a first or second degree crime or arson.

Whenever the court places a juvenile in detention, it shall state the reasons 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; and

(5) The juvenile’s record of appearance or non-appearance at previous court proceedings.

 

Call the Tormey Law Firm in Hackensack, NJ to Discuss Your Juvenile Case 

Mr. Tormey has handled thousands of criminal cases throughout New Jersey and will use his legal experience to guide your case to the best possible outcome. Contact his Hackensack offices anytime at (201)-330-4979 for a free consultation.

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Excellent attorney, highly recommend his talents

"I was facing serious trouble for marijuana possession. Was looking at probation, loss of driving privileges and even jail time. Travis's great knowledge of his clients constitutional rights"

Jon

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