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Marlboro Juvenile Arrest Lawyer

20
Jul
2011

by in Juvenile Defense

Defense Attorney for Marlboro Juvenile Arrests

Marlboro Township Police are authorized to take a juvenile into custody if the juvenile commits an act that, if committed by an adult, would constitute a crime or misdemeanor. However, if your child is taken into police custody in Marlboro, the Marlboro police should contact you right away. They should not question your child without both you and your child’s consent. Before allowing your child to give a statement to police, speak with an experienced NJ juvenile defense attorney.

A juvenile charged with criminal offenses in Marlboro, New Jersey will be first processed by Marlboro Police. Marlboro will then send the case, along with any evidence they collect, to the Monmouth County Prosecutor’s Office. The prosecutor’s has a special “Family Division” that handles these cases. In some situations, particularly citizen complaints and other events deemed minor, the case may be diverted to what is known as a “Referee Hearing” at the Superior Court or to a Juvenile Conference Committee.

These are less formal hearings than the regular juvenile justice system entails but they also provide the accused less rights that a formal hearing. In all other cases, the juveniles’ will be heard before the Superior Court – Family Part in the Monmouth County Superior Court, located at 71 Monument Park in Freehold, New Jersey, 07728. The judge currently presiding in the Freehold juvenile court is the Honorable Eugene Iadanza, J.S.C. I have experienced representing juveniles at all these hearings. Call now to speak with a Freehold juvenile lawyer. My main office is located in Freehold, only minutes from the Superior Court.

Marlboro Juvenile Delinquency

Most Marlboro juvenile arrests are made for possession of marijuana (NJSA 2C:35-10(a)4), assault (NJSA 2C:12-1), and other disorderly persons offenses. While an adult would have these charges heard in the local Marlboro Municipal Court, that court does not have jurisdiction over any juvenile criminal charge. This can cause frustration when several young adults and juveniles are arrested in Marlboro. For example if a 17 year-old is charged with possession of marijuana along with an 18-year old, the juvenile will go to Superior Court while the adult will go to the Marlboro Municipal Court. This can make defending the case more challenging.

Some Marlboro juvenile charges are filed after referrals from Marlboro High School and even the middle school. Typical situations where this might occur include where school personnel find drugs or where the child is caught vandalizing or stealing from the school or another student. Other Marlboro juvenile charges are filed after motor vehicle stops for CDS or drug possession. Police also regularly patrol the parks in Marlboro such as the Marlboro Swim Club to check for juveniles using drugs.

In more serious cases the prosecutor’s office may seek to try the juvenile as an adult. This is done through what is called the “waiver” process. The prosecutor must file a motion to waive the juvenile to adult court within 30 days after receiving the complaint from the police department. This 30 day limitation period can not be extended unless the prosecutor can cause good cause for not meeting the filing period.

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