Defending a Juvenile Delinquency Case

Defending a Juvenile Delinquency Case

By Kenneth A. Vercammen
Handling juvenile delinquency cases is becoming a sub-specialty that requires special knowledge of the juvenile justice system. Juvenile cases are difficult to handle for different reasons: (1) The juveniles often refuse to admit to their attorney any participation in the offense despite clear guilt, (2) The parents sometimes refuse to acknowledge their child’s involvement, and (3) different
rules and court systems are involved.
When the client is first in the office,
have him fill out an interview sheet. After reviewing the complaint and the interview
sheet, ask a series of questions of the client. You should request the client wait until the end of the interview before explaining their side of the story. Also ask them if there is anything else of importance
in connection with the case that you should know. The client may have pending serious criminal charges in another
state or county. The ABA-adopted Rules of Professional Conduct indicate a retainer letter or written statement of fees is required for new clients.
As a recommendation, have the client provide you with a list of between 10 to 15 reasons why they should not go to jail and why the court should impose the minimum license suspension. This provides you with information for mitigation
and penalties and also provides information
to be considered by the judge in sentencing.
Who Is the Client?
The client must be the juvenile charged. It is not the parent or grandmother
who pays the bills. It is important to preserve the confidence of the client. Let the juvenile know that they can call you whenever they want, and that you will not tell their parents anything told in confidence.
Discovery in nonmotor vehicle cases is requested in writing to the county prosecutor, not the town municipal prosecutor.
Motor vehicle charges alone are heard by the municipal court judge and handled by the municipal prosecutor.
Trial Call is the next appearance
and the defense counsel will receive discovery, if it has not previously been received. Applicable motions should be filed prior to the trial call: Motion to Suppress, Compel Additional Discovery, Dismiss Complaint, etc.
Juveniles have most of the same rights under the Constitution as adults: Fourth Amendment — no unreasonable searches; Fifth Amendment — right to remain silent; Sixth Amendment — right to attorney and the right to cross-examine
witnesses. However, unlike adults, juveniles do not have a right to a jury trial and do not have to post bail.
It is a popular misconception that juvenile arrests are automatically erased when the juvenile turns 18. The criminal “charge,” even if later dismissed, stays on their record forever unless they have their attorney file a formal petition for expungement.
M
iranda Warning and Confessions
Police must provide a Miranda warning to juveniles. Two recent cases drastically change that require counsel prior to custodial interrogation:
1. State in the Interest of P.M.P., 200 N.J. 166 (2009): The filing of the complaint and the obtaining of a judicially
approved arrest warrant by the Camden County Prosecutor’s Office was a critical stage in the proceedings, and pursuant to N.J.S.A. 2A:4A-39B(1), P.M.P. had the right to counsel and could not waive that right except in the presence of and after consultation with his attorney. Therefore, the trial court properly granted P.M.P.’s motion to suppress his statement.
2. State of in the Interest of A.S,
CRIMINAL LAW
Defending a Juvenile Delinquency Case
Vercammen is a trial attorney in Edison. He often lectures for the New Jersey State Bar Association, New Jersey
Institute for Continuing Legal Education
and Middlesex County College on personal injury, criminal/municipal court law, drunk driving and contested probate estate administration.
R
eprinted with permission from the NOVEMEMBERER 23, 2009 edition of New Jersey Law Journal. © 2009 ALM Media Properties, LLC. All rights reserved. Further duplication without permission is prohibited.
409 N.J.Super. 99 ( 2009): The court suppressed
the confession of the 14-year-old adoptive daughter of F.D., who committed an act of fellatio upon F.D.’s four-year-old grandson, because in incorrectly explaining
the daughter’s Miranda rights and in participating in her interrogation, F.D. placed the interests of her grandson ahead of the interests of her daughter. The court suggested that in circumstances in which a parent has a conflict of interest arising from a familial relationship to both the alleged
juvenile perpetrator and victim, an attorney should represent the juvenile during
any custodial interrogation.
T
he Offense and Arrest
Police are permitted to arrest if they see a crime or are provided with information
that a juvenile committed a crime. The police then sign a complaint form, which later is forwarded to the Superior Court, Family Part, in the county where the juvenile lives. Generally, the juvenile will be released to the custody of parents or guardians. Rule 5:21-5. A person is a juvenile for delinquency purposes until his/her 18 birthday. For serious crimes, if the juvenile is a threat to themselves or the community, or if the juvenile is a habitual offender, they can be brought to the county juvenile detention center. They will remain in detention until released by the Superior Court Judge at a recall hearing,
after a probable cause hearing or at the conclusion of the case. It is rare and serious when a juvenile is held at the detention
center.
Diversion of Criminal Charges
In many counties, the county prosecutor’s office screens each complaint initially, but staff within the family court can make the decision to divert the case or not. Diversion for many cases means removing them from court altogether and sending them for total handling to a Juvenile
Conference Committee (J.C.C.) or intake
service conference. See the Criminal Justice System, “Guide for School Personnel,”
Middlesex County Prosecutor’s Office, p. 20 (1996).
For juveniles with prior charges or more serious charges, the case is put on the formal trial calendar. These proceedings
resemble adult criminal proceedings. The juvenile must be represented by an attorney
and the state is represented by an assistant prosecutor.
In a “deferred adjudication” the judge may direct the juvenile to perform a job, write an essay, be on unsupervised probation, or direct other requirements. The juvenile must earn dismissal by fulfilling
conditions such as restitution, community
service, counseling, or school attendance.
Post-Interview Preparation
Also make a motion to suppress where there is a question regarding the validity of a stop or search. New Jersey will also permit you to make a motion to dismiss on de minimis infractions for nonsubstantial
offenses (i.e., shoplifting one candy bar). Any other motions to dismiss should be made in writing, such as statute of limitations or lack of jurisdiction.
Preparing for Trial
If it is a drug case, we may make an objection to the entry of the lab certificate
as evidence at trial. We are also under a responsibility to provide any reciprocal discovery to the prosecutor. Occasionally, we will call the prosecutor ahead of time to see if a matter can be worked out or plea bargained.
Formal Trial
If the case goes to trial, the judge serves as the fact-finder and makes all decisions, unlike adult court where those charged can have a jury trial. The trial is held before a Superior Court judge in the county where the juvenile resides. Rule 5:19-1.
Another major difference in juvenile
cases is that the prosecutor does not make binding sentencing recommendations
as part of a plea bargain. The judge has total discretion regarding the sentence imposed. If the juvenile pleads guilty or is found delinquent (guilty), the judge has the discretion on sentence — deferred adjudication,
probation, incarceration, residential
placement, restitution, fine, etc.
Relatively few juveniles are currently
incarcerated but the number may increase as legislative changes require jail terms for juveniles who commit certain
offenses, such as auto thefts and for juveniles who continue to commit more and more heinous offenses.
For the most serious crimes, the county prosecutor can make a motion to remove to the adult criminal court. Rule 5:22-1, Rule 5:22-2.
First Appearance in Formal Trial Cases
The court itself will send a copy of the complaint to the juvenile’s parents and a mandatory notice to appear for an interview for public defender eligibility. The public defender handles only indigent
cases, juveniles whose parents are on welfare, unemployed, and have no assets.
This mandatory appearance is unnecessary once the client retains an attorney
and the attorney sends in a notice of appearance.
Plea to a Lesser Offense
If the client is going to enter a guilty plea to any offense, it is important that they understand what the offense is and put a factual basis on the record. Letters of reference and character reference
letters are helpful in cases where the judge has wide discretion in his sentencing.
After the client pleads guilty, it is a good idea to also ask the client on the record
if he has any questions of you or of the court.
Juvenile trials are heard in the Superior Court without a jury. Defense counsel should bring Court Rule 5 dealing with family court juvenile cases to court. Always do you best for every client. Seek proposed resolutions which assist in the rehabilitation of your juvenile.■
Published in NEW JERSEY LAW JOURNAL, NOVEMBER 23, 2009 198 N.J.L.J. 722 Reprinted with permission