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State v. H.B.

Decided: August 27, 1992.

THE STATE OF NEW JERSEY, COMPLAINANT,
v.
H.B., A JUVENILE, DEFENDANT



Rudd, J.s.c.

Rudd

OPINION

This preliminary hearing was brought by the State, on August 27, 1992, pursuant to N.J.S.A. 2C:29 et seq. The defendant is a 15 year old juvenile who will be referred to as H.B.

FACTS

This matter originates from an incident of March 18, 1992, when H.B. was charged by the Newark Police Department with possession of a stolen automobile (1987 Buick), a crime of the third degree. N.J.S.A. 2C:20-2b.(2)(b).

On May 26, 1992, only H.B.'s mother appeared before me in a calendar call. Since H.B. was missing, I issued a bench warrant. On June 6, 1992, after the bench warrant was executed, H.B. and his mother appeared before me in a detention hearing. I released H.B. to his mother under house arrest.

Services of the Public Defender were arranged for H.B. and on June 25, 1992 he appeared before me with counsel and his mother. H.B. pleaded guilty to one count of receiving stolen property. N.J.S.A. 2C:20-7. Finding that H.B. pleaded intelligently, knowingly, and voluntarily, I adjudicated him a juvenile delinquent placing him on probation to his mother with the following conditions: (1) H.B. was to pay the probation officer a VCCB of $30.00, (2) H.B. was to go to school and get a C average or better, and (3) H.B. was not to be out after dark unless accompanied by a parent. H.B.'s mother agreed to supervise H.B. and report immediately any violations. I warned H.B. that if he violated probation I would "lock him up."

Subsequently a violation of probation was drawn by HB's mother, alleging that H.B. violated his probationary conditions by "not coming home on two consecutive days." I remanded H.B. to the Youthhouse, Class A. On July 8, 1992, I released H.B. to his mother. H.B. promised that he would never again violate probation. I warned H.B. that if he violated probation again I "would lock him up."

Nevertheless, on August 17, 1992, his mother testified that H.B. again violated probation. I remanded H.B. to the Youthhouse, Class A.

This brings us to August 27, 1992, the case at hand, H.B.'s preliminary hearing to determine whether he again violated probation. H.B. appeared before me with counsel, his mother, and stepfather. He pleaded guilty to violating his probation. Finding that H.B. pleaded intelligently, knowingly, and voluntarily, I asked his mother three questions:

Question: "Did H.B. obey your ...


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