Q: Under what caption and in what Court in the County where the offense was committed does one request documents of

A: Family Part in the County in which the offense occurred.

A: DEFENDING A JUVENILE DELIQUENCY 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.

(3) Different rules and court systems are involved.

When the client is first in the office, we have him fill out the Confidential New Criminal Case Interview Sheet. We obtain background information such as their name, address, the offenses charged, date of the person's arrest, other witnesses, statements given to them by the police, their occupation and information regarding prior criminal convictions. Our interview sheet also asks if there is anything else important. The extent to which the client fills out the form lets us know whether or not the client will follow instructions and cooperate with us.

After reviewing the complaint and the interview sheet, I ask a series of questions of the client. We request the client wait until the end of the interview before explaining their side of the story. We also ask them if there is anything else of importance in connection with the case that we should know. The client may have pending serious criminal charges in another state or county. I usually open up our statute book and show the clients the specific language of the offense they are charged with and explain to them the maximum penalties that could be imposed. By understanding the charges they are facing, my clients are more likely to realize the seriousness of the offense and pay our retainer. The ABA adopted Rules of Professional Conduct indicate a retainer letter or written statement of fees is required for new clients. I also provide all my clients with a brochure explaining how to appear in court, a brochure on surcharges, a brochure on points, and a brochure regarding alcohol counseling/substance abuse treatment, if applicable.

I recommend that my clients provide me 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 us with information for mitigation and penalties and also provides information to be considered by the judge in sentencing.

More info at http://www.njlaws.com/juvenilelaw2.htm

I. 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. I let the juvenile know that they can call us whenever they want, and we will not tell their parents anything told in confidence.

Discovery in non-motor 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:

- 4th Amendment - No unreasonable searches

- 5th Amendment - Right to Remain Silent

- 6th Amendment - Right to Attorney

- 6th Amendment - Right to Cross Examine Witnesses

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.