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Juvenile Rules Governing Pre-Trial Detention

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New Jersey Juvenile Rules Governing Pre-Trial Detention

Edgewater NJ Juvenile Charges Defense Attorneys

Travis Tormey is an experienced criminal defense and drunk driving (DWI) attorney who represents clients charged with various juvenile offenses throughout Bergen County, including in Hackensack, Park Ridge, and Edgewater. Mr. Tormey has handled thousands of criminal cases in his years of practice, making frequent appearances in Bergen County Superior Court (felonies) and various Municipal Courts (misdemeanors). Juvenile offenses in New Jersey are handled in Superior Court by the county prosecutor’s office. Over the years, Mr. Tormey has represented many juvenile clients on charges, including disorderly conduct, criminal mischief, and shoplifting. He 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 

Juvenile Rules Governing Pre-Trial Detention in New Jersey: R. 5:21-5

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 Juvenile Criminal Trial Lawyer in Bergen County, New Jersey

For additional information about your juvenile offense, contact our offices at (201)-330-4979 for a free consultation. We will look over the details of your file and determine the best strategy to help you avoid serious criminal penalties.

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"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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