Criminal in Bergen and Passaic Counties: A Juvenile's Absolute Right to Counsel After a Judically Approved Arrest Warrant has Issued

It is well settled in this state that when a specific  indictment issues the defendant has an absolute right to an attorney which can not be waived absent advise from an attorney.

In July 2009, New Jersey’s Supreme Court applied this important principle of law in a juvenile case where a youthful offender was arrested under a judicially approved arrest warrant. To the court’s mind, this arrest was a “critical stage” of the criminal process and to that extend, an attorney was required during the juvenile’s interrogation.  In the case subject of the Court’s ruling, a juvenile was arrested and while in the custody, he admitted that he committed a number of serious sexual offenses against other juveniles after waiving his Miranda Rights.  The court ruled that despite the juvenile’s waiver of his Miranda Rights, the waiver could not be effective without the prior approval of the juvenile’s counsel.