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Juvenile Rules Governing Pre-Trial Detention

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Juvenile Pre-Trial Detention Lawyers in Millburn, NJ

Juvenile Defense Attorneys with an Office in Newark, New Jersey

Millburn NJ Juvenile Detention LawyersA juvenile crime conviction can have negative ramifications for your child’s future. Even being detained prior to trial can be a nightmare for your child if they are unable to get out of police custody. That’s why you need to speak with juvenile defense attorneys who are well-versed in the specific set of rules that govern the juvenile justice system in New Jersey.

The Tormey Law firm is a criminal defense team with lawyers who have decades of collective experience helping juvenile clients in the complicated juvenile legal system. With an office conveniently located in Newark, our lawyers appear in courts throughout Essex County, including Glen Ridge, Bloomfield, and Irvington. The firm’s founding partner, Travis J. Tormey, has successfully represented juveniles charged with shoplifting, underage drinking, and disorderly conduct. Another member of the firm’s legal team previously served as a Special Deputy Attorney General, an Assistant Prosecutor at the Morris County Prosecutor’s Office. While representing the State of New Jersey, he prosecuted juvenile defendants in cases ranging from underage DWI to possession of a fake ID. Now he brings his wealth of experience to our firm to defend clients against these same charges.

If your son or daughter has been detained by the police and is facing juvenile charges in Essex County or anywhere else in New Jersey, the Tormey Law Firm can help. Call us day or night at 201-654-3464 to speak with an experienced attorney.

Juvenile Cases in Newark NJ: Pre-Trial Detention – R. 5:21-5

Under New Jersey law, Court Rule R. 5:21-5 sets forth the standards governing court determinations about the pre-trial detention of juvenile defendants. According to this rule, specific criteria must exist in order for the juvenile defendant to be lawfully detained prior to trial. These guidelines include the defendant’s age, the severity of the charges, the defendant’s risk of flight, and whether the defendant poses a significant threat to the public.

A more detailed explanation of the specific criteria set forth in Court Rule R. 5:21-5 follows:

R. 5:21-5(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 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 the juvenile 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.

(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.

(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.

R. 5:21-5(b) Juveniles 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.

Contact a Livingston New Jersey Juvenile Defense Attorney

The Tormey Law Firm is a criminal trial team that has successfully defended numerous juvenile clients against criminal charges in Superior Courts throughout Essex County and elsewhere in New Jersey. We know that your son or daughter’s future hangs in the balance. That’s why we will fight to secure their release from pre-trial detention and do everything possible to help them avoid the most severe penalties. Call us now at 201-654-3464 to speak with an experienced attorney, or email us to schedule a free consultation at our Newark NJ office.

What our clients say about us

Excellent attorney, highly recommend his talents

"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"


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Our NJ lawyers represent clients in Belleville, Bloomfield, Caldwell, Cedar Grove, City of Orange, East Orange, Essex Fells, Fairfield, Glen Ridge, Irvington, Livingston, Maplewood, Millburn, Short Hills, Montclair, Upper Montclair, Newark, North Caldwell, Nutley, Roseland, South Orange Village, Verona, West Caldwell, West Orange, Wayne, Clifton and Paterson. Call us at 201-654-3464 or toll-free at 888-668-1940.

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