Juvenile Retention Hearings

If your child has been charged with a juvenile offense, then their bright future might be at risk. No matter what he or she is charged with, you should always make sure your juvenile has an experienced attorney when facing a charge. Although juvenile crimes are very much like adult crimes, the penalties for juvenile offenses vary from those of adult offenses. However, with some serious offenses, juveniles can be sentenced as adults. Hence, it is absolutely essential to provide your child with a juvenile defense attorney who is very knowledgeable in the field of juvenile delinquency. The lawyers at the Law Offices of John F. Marshall are experts at the special laws designated for juveniles and will work to reduce or drop the charges.

If a juvenile is charged with committing a delinquent act, the child can be retained prior to being adjudicated delinquent. With probable cause that the juvenile has committed a delinquent act, police hold a juvenile in custody under N.J.S.A. 2A:4A-23. Under Court Rule 5:20-1, when the police take the child into initial custody, it is deemed as a measure of protection for the child, rather than an arrest, and the police are required to notify the child’s parents or guardians immediately.

Initial Custody of NJ Juveniles

A juvenile can also be detained beyond initial custody, and the juvenile court will hold an Initial Detention Hearing, in which the court determines whether the pretrial detention is necessary. This hearing is required to take place no later than the morning following the initial custody, including holidays and weekends. It is required that the parents or guardians be notified, and if the complaint is not filed by the time of the Initial Detention Hearing, the juvenile should be released immediately. If the juvenile does not have an attorney by the time of the Initial Hearing, a second detention hearing must be held within two court days after the first hearing and the juvenile is required to be represented by an attorney.

NJ Pretrial Detention of Juveniles

Following the Initial Detention Hearing, retention can continue if it is necessary to retain the juvenile in order to assure he or she will attend the next hearing. Moreover, the court may find retention is appropriate if the safety of property or persons in the community is threatened if the juvenile were not detained, and the juvenile is charged with any first, second, or third degree crime, or any of the following crimes in the fourth degree: aggravated assault, stalking, criminal sexual contact, bias intimidation, failure to control or report a dangerous fire, possession of a prohibited weapon or device, or unlawful possession of a weapon.

Please contact one of our attorneys at the Law Offices of John F. Marshall to assure that your child has the best chances at mitigating or disposing the charges. The lawyers at our office will provide your juvenile with the best attention and will be dedicated to handling your case. If your child has been charged with a juvenile offense, contact our office immediately at 1-877-450-8301 to speak with a skilled attorney for a free initial consultation. Our lawyers have the advanced knowledge in juvenile law that can preserve your child’s future.