New Jersey Juvenile Defense Attorney
Anthony N. Palumbo
The juvenile sentencing procedure is a difficult time for most parents because it is when the course of the child’s future is determined. An experienced New Jersey Juvenile Defense Attorney will be able to shed further light on the following described proceeding. In a juvenile proceeding, if the child is found guilty, he must attend what is called a disposition hearing. This hearing is the equivalent to a sentencing hearing in criminal court. New Jersey law requires that the disposition hearing take place within a certain amount of time after the entry of guilt. If the child must stay in custody after the trial, the disposition must take place within 30 days of the guilt entry. If the guidelines are not followed and the juvenile does not receive the disposition hearing within 30 days, the court must schedule the disposition hearing within 10 days. If the child is released after the trial and is therefore not in custody, the hearing must be scheduled within 60 days of the guilt entry. At the disposition hearing, the court will consider many different factors in determining whether the child should be committed or placed on probation. In making this decision, the court must review a pre-disposition report that includes the juvenile’s past record, family record, psychological and physical condition, and progress. In addition to the factors in the pre-disposition report, the court must also look to another set of factors set out under N.J.S.A. 4A-43.
1. The nature and circumstances of the offense;
2. The degree of injury to persons or damage to property caused by the juvenile’s offense;
3. The juvenile’s age, previous record, prior social service received and out-of-home placement history;
4. Whether the disposition supports family strength, responsibility and unity and the well-being and physical safety of the juvenile;
5. Whether the disposition provides for reasonable participation by the child’s parent, guardian, or custodian, provided, however, that the failure of a parent or parents to cooperate in the disposition shall not be weighed against the juvenile in arriving at an appropriate disposition;
6. Whether the disposition recognizes and treats the unique physical, psychological and social characteristics and needs of the child;
7. Whether the disposition contributes to the developmental needs of the child, including the academic and social needs of the child where the child has mental retardation or learning disabilities;
8. Any other circumstances related to the offense and the juvenile’s social history as deemed appropriate by the court;
9. The impact of the offense on the victim or victims;
10. The impact of the offense on the community; and
11. The threat to the safety of the public or any individual posed by the child.
An experienced New Jersey Juvenile Defense Attorney will be able to walk you through this difficult process and make sure the juvenile receives the best representation. Since New Jersey law mandates that a juvenile have representation, the question is not whether to retain an attorney, but rather which attorney to retain. My name is Anthony N. Palumbo, and I have been successfully defending juveniles against charges in Union County, New Jersey for over 35 years.
For more information on Juvenile Charges in New Jersey, visit my website Anthony N. Palumbo, New Jersey Criminal Defense attorney at www.palumbo-renaud.com.
Anthony N. Palumbo, New Jersey Criminal and Municipal Court Defense Attorney has been practicing law over thirty-five (35) years, he is a former county and municipal court prosecutor and current public defender with offices in Cranford and Elizabeth, N.J.
