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Manalapan Juvenile Defense Lawyer

21
Jul
2011

by in Juvenile Defense

Manalapan Juvenile Crimes

Police in Manalapan, New Jersey actively investigate crimes committed by juveniles in the Township. Manalapan juveniles are commonly taken into custody for possession of marijuana, drug paraphernalia, and assault. Manalapan is located in western Monmouth County, New Jersey. The town completely encircles Englishtown Borough, which has its own police department. All criminal charges filed against juveniles in Manalapan will be heard in the Monmouth County Superior Court. The Manalapan Municipal Court does not have jurisdiction over juvenile criminal charges. Call now to speak with a Monmouth County juvenile defense attorney.

NJ Juvenile Law

In most cases, juvenile criminal charges are heard in the Family Part of the New Jersey Superior Court.  In this court, the focus of the proceeding is supposed to be on rehabilitation rather than punishment. However, in some situations, the prosecutor’s office can “waive” the juvenile to adult criminal court. If a court orders that the juvenile is to be waived to adult court, you have the right to appeal.

An order transferring the juvenile to adult court is not considered a “final” order. Leave to appeal must therefore be sought by your attorney from the appellate court. See State in the Interest of R.L. The initial determination to waiver the child must be supported by probable cause and meet other criteria. Probable cause in this context has been defined as a well-grounded suspicion or belief that the offense has taken place and that the juvenile was responsible. State in the Interest of A.T. Probable cause to believe that the juvenile has committed the delinquent act warranting referral to adult court may be established on hearsay evidence alone. State in the Interest of B.G. If the juvenile has been charged with murder, robbery, or sexual assault, the law has a preference supporting waiver to adult court. State v. R.G.D.

While hearsay is otherwise allowed to show probable cause in a waiver hearing, the state cannot rely only on transcripts of unsworn, unsigned statements of other juvenile’s without any corroborating evidence to establish probable cause. State in the interest of W.M. Even shocking than the admission of hearsay in juvenile waiver hearings, it has been held that a juvenile does not even have a constitutional right to a waiver hearing. State in the interest of A.L.

At the probable cause hearing, the juvenile is not entitled to any favorable inferences by reason of the state’s failure to call witnesses with knowledge of the facts. State in the interest of J.L.W.  The court must make specific fact findings explaining its reasons fro waiver. Rule 1:7-4. In one particularly egregious case, the courts allowed the waiver of a juvenile who was only 14 years old after the child was accused of a vicious attack on an elderly gentleman.

If you child is facing delinquency charges in Manalapan, call to speak with a NJ juvenile lawyer. We can answer your questions and make sure that your child’s rights are protected. The juvenile court is a court unto itself. The procedures and strategy involved in defending a juvenile in a NJ delinquency case vary greatly from adult criminal and municipal court practice.

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