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Juvenile Cannot Receive Probation Subject to Incarceration, Says NJ App Div


by in Criminal Appeals, Juvenile Defense

State in the Interest of T.S., a Minor, ? N.J. Super. 93, 2010 N.J. Super. LEXIS ? (June 2, 2010) – Adjudication of delinquency affirmed, custodial portion of disposition vacated. “The Juvenile Justice Code does not authorize the Family Part to condition a term of probation upon the completion of a period of detention….

The Juvenile Justice Code does not contain the equivalent of N.J.S.A. 2C:43-2(b)(2), permitting a criminal court to sentence a defendant to a jail term not to exceed 364 days as a condition of probation…. N.J.S.A. 2A:4A-44b(1) of the Juvenile Justice Code provides for a presumption of non-incarceration for any fourth degree offense or lower. The Juvenile Justice Code does not contain a provision equivalent to N.J.S.A. 2C:43-2(b)(2).

There is nothing in this record that supports overcoming the presumption of non-incarceration in N.J.S.A. 2A:4A-44b(1) for this adjudication of delinquency based on a disorderly persons offense.”






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