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NJ Juvenile Rights | Update – Miranda Applies

NJ Juvenile Rights

NJ Supreme Court issues "appropriate Procedure" in Juvenile Cases

New Jersey juvenile rights are much better than the protections offered by the Federal Constitution.

The law in NJ states: “wherever possible … no child should be interviewed except in the presence of his parents or guardian”.

More specifically, “the product of interrogation of a juvenile under 14 is not admissible in the absence of a parent or legal guardian “unless the adult was unwilling to be present or truly unavailable.” State v Presha, 163 NJ 304,  2000.

What was decided?

In a recent decision, NJ juvenile rights have received more clarity and more protections.

In State in the Interest of A.A.  the New Jersey Supreme Court issued a policy for how police handle juvenile interrogations.

Specifically, the Court wrote: ““The police should advise juveniles in the custody of their Miranda rights—in the presence of a parent or legal guardian—before the police question, or a parent speaks with, the juvenile. Officers should then give parents or guardians a meaningful opportunity to consult with the juvenile in private about those rights… That approach would enable parents to help children understand their rights and decide whether to waive them… If law enforcement officers do not allow a parent and juvenile to consult in private, absent a compelling reason, that fact should weigh heavily in the totality of the circumstances to determine whether the juvenile’s waiver and statements were voluntary.””

The Court has taken bold steps in making certain that NJ juvenile rights are clear to law enforcement.

Facts of the case

A.A. was 15 years old when the police detained him on murder charges.

His mother went to visit him in the police station holding cell. The only thing she was told was that her son “shot someone.”

Five police officers were in the room within 10 to 15 feet of A.A. and his mother while the two spoke.

A detective testified that he overheard the conversation and that the mother began to cry and left the room.

A.A. never received his Miranda.

The Family Part judge admitted the statements upon finding there was no “police interrogation or its functional equivalent,” and therefore no Miranda warnings were required.

In concluding that the juvenile’s statements were both inadmissible and were not harmless at the juvenile’s hearing, the Supreme Court repeated prior holdings that interrogation includes not only direct questioning but also “any words or actions on the part of the police … that the police should know are reasonably likely to elicit an incriminating response,” and in the case of a juvenile, that an admission “must be voluntary, in the sense not only that it was not coerced or suggested, but also that it was not the product of ignorance of rights or of adolescent fantasy, fright or despair.”

New Jersey Supreme Court's Conclusion

In closing, the New Jersey Supreme Court wrote:

We can envision nothing more appropriate or fair in the administration of juvenile justice. Independent of the right to counsel, a juvenile is entitled to meaningful support and assistance from a caring parent or guardian before saying anything to a police officer, as well as anything that can be heard or overheard, while in custody.

important tip: Be Patient! You will Get Your Day in Court

Any juvenile lawyer will tell you that when you talk to a police officer, everything you say can & will be used against you.
Do not try to explain your story to a police officer. There is always time for that.
If you make a mistake while you are telling your story to a police officer, this becomes evidence against you.

As criminal lawyers, we are here to help you.

Please visit the Areas We Serve & Practice Areas pages for more information.

How We Can Help

Regardless of the criminal charges you are facing, we are here to defend & protect you. Whether you are facing a restraining order, drug charge, theft charge, or aggravated assault charge, we are here to help you. Even a DWI case can really complicate your life.

If we can’t get your charges dismissed, we can either get them downgraded or place you in a diversionary program. The point is, our criminal defense lawyers will fight tirelessly to get you the best result possible. Take advantage of our free consultation to see how we can help.

Our Experience

You or a loved one have been arrested. Understandably, you are terrified & have a lot of questions. You’ve heard about plea bargains & probation, but the process is overwhelming. You want a local attorney near you to represent you.

Mr. Peyrouton is from Ridgewood & handles all types of criminal matters in New Jersey The New Jersey Law Journal recently published one of his articles on the subject of criminal law.

Our Practice Areas

Below you will find some but not all of our practice areas. Of course, if you do not see your criminal charges listed, feel free to contact us for a free consultation. We will meet with you to discuss your case & to answer all of your legal concerns. Se habla español tambien!

Areas We Serve

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How Do Your Free Consultations Work?

There are plenty of excellent criminal lawyers in the Hackensack area. Most, if not all of them, offer free, 20-minute, consultations. However, our free consultations do not have a time limit. You will never feel rushed.

The best way for us to help you is to patiently listen to your side of the story. Your version of events will serve as the basis for your legal defense. It is during these initial meetings that your memory of the event is fresh in your mind. Why we would rush you during such an important aspect of your case.

We understand that your choice of attorney could mean the difference between your freedom and spending years behind bars. 

When you hire an attorney, you are entering a long-term relationship. For this reason, it is important that you feel comfortable with the team of Hackensack criminal lawyers that will represent you.

What our clients say about us

Peyrouton Law
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Christopher Guichardo
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Alan is an excellent lawyer. He helped me with my first case. He is very knowledgeable and explained everything to me throughout the process. I would recommend him to anyone looking for an honest and professional lawyer.
LGL Trucking Services LLC
LGL Trucking Services LLC
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Attorney Alan Peyrouton , hasta el día de hoy podría decir que es el mejor abogado que he visto y he conocido , nos ayudó con un caso que pensamos que iba a ser perdido , pensamos que era imposible conseguir ganarlo pero el nos ayudó a ganar un caso de DWI con licencia comercial CDL , estamos muy agradecidos con Alan en verdad un abogado muy profesional y con muchos conocimientos . Lo recomiendo a cualquiera que necesite ayuda profesional .
Ludimila Araujo
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My experience with Alan was amazing, I only have positive thinks to mention about him, he knows the law by heart, he speak Spanish, he’s more than smart, he’s a really good human being , he’s really polite, he’s responsible and dedicated to all his clients.My husbands case was really delicate, we were really afraid he would lose his license for a year, which is how we eat, since his a cdl driver, but thanks to Alan we can breathe and sleep peaceful at night, Alan is so good at his job that he got his case dismissed.His better than the lawyer from SUITS, he’s real!Thank you Alan you are amazing, the best of the best!If anyone needs a lawyer, a good lawyer call Alan!
Denisa Gjana
Denisa Gjana
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Alan is an excellent attorney, empathic and also caring. If you are looking for an attorney who is knowledgeable and knows what he is doing then don’t hesitate and hire him. His prices are reasonable and affordable. He got me out of the legal situation which was very stressful for me and I can’t thank him enough. He explained things thoroughly to me a few times and answered all of the questions and concerns I had. I highly recommend him! Thank you for being responsive and helpful Alan.
Cnidia Vazquez
Cnidia Vazquez
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Very profesional, makes the right questions during court.Muy profesional, meticuloso, amable, paciente e inteligente. Hizo un trabajo excepcional, el caso salio a mi favor gracias a su dedicacion y amor a su trabajo. Estoy muy agradecida por lo que hizo! Lo recomiendo 100%
Ronald Yee
Ronald Yee
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After almost four years ago, Payrouton Law, LLC. was engaged to defend the writer against a serious legal issue which could have ended with incarceration as well as a hefty fine. The settlementwas one-half of the posted fine without incarceration! In additionit was advised that within two years of the court decree, proceedings to get "Expungement," was possible making clean all N.J. State Police Records, as if the incident Never Happened.All this time working for and on my behalf, this law firm labored and negotiated all proceedings to gain benefit of a clean record.The N.J. State Police took almost two years and now receiving a verbal communication confirming Records Finally Expunged is all due to the hard work and legal expertise of Payrouton Law.One can not go wrong by retaining Payrouton Law, LLC. to solve legal problems and issues.This law firm is Exceedingly Outstanding In Every Way!!Thank you for all your hard work and efforts for and onmy behalf!!!Respectfully submitted,Ronald Yee- Client.
Maria Feliz
Maria Feliz
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Alan really helped me out of a delicate situation and made sure the final outcome was in my favor. I choose him based on prior reviews and took a chance and he turned out to be the real thing always looking out for his clients.
Jazziel Lopez
Jazziel Lopez
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Excellent lawyer , Alan was by far great help with my case. Thank you for being so responsive to my self and my fiancée when we needed help the most. He sure helped me solve my case I highly recommend Alan Payruton. The best of the best .
Michelle Lainez
Michelle Lainez
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Amazing lawyer, I am thankful and grateful for Alan words can’t explain how he help me and my finance at our most desperate moment. He made sure that we could count on him and assured us that he would make thing better which he did!!!I 💯 recommend him he will not let you down. Alan once again thank you for everything you have been a blessing!
Kyle Haller
Kyle Haller
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Alan was by far the most effective and professional lawyer i have ever delt with. He is extremely responsive and effective in conversation. It was a pleasure choosing him to defend me and I would recommend him to all my family and friends.
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