New Jersey § 2a:4a-39
Full text of New Jersey New Jersey Statutes § 2a:4a-39, with citation guidance and answers to common questions.
§ 2a:4a-39.
a. A juvenile shall have the right, as provided by the Rules of Court, to be represented
by counsel at every critical stage of a court proceeding . For the purposes of this act “ critical stage of a court proceeding ” shall include, but not be limited to: every court appearance by the juvenile, including
all post dispositional appearances; and any interrogation, identification procedure,
or other investigative activity involving the juvenile undertaken by law enforcement
or prosecutorial personnel subsequent to the filing of the complaint. b. During every critical stage of a court proceeding in a delinquency case provided under subsection a. of this section , the waiving of any right afforded to a juvenile shall be accomplished in the following
manner: (1) A juvenile who is found to have mental capacity may not waive any rights except
in the presence of and after consultation with counsel, and unless a parent has first
been afforded a reasonable opportunity to consult with the juvenile and the juvenile's
counsel regarding this decision. The parent or guardian may not waive the rights of a juvenile found to have mental
capacity. (2) Any such waiver shall be executed in writing or recorded. Before the court may accept a waiver, the court shall question the juvenile and
the juvenile's counsel to determine if the juvenile is knowingly, willingly, and voluntarily
waiving any right. If the court finds after questioning the juvenile that the waiver is not being made
voluntarily and intelligently, the waiver shall be denied. (3) A juvenile who is found to lack mental capacity may not waive any right. A guardian ad litem shall be appointed for the juvenile who may waive rights after
consultation with the juvenile and the juvenile's counsel. (4) Waivers shall be executed in the language regularly spoken by the juvenile.
Frequently Asked Questions About New Jersey § 2a:4a-39
What does New Jersey Statutes § 2a:4a-39 cover?
Section 2a:4a-39 is part of the New Jersey Statutes, the codified statutory law of New Jersey. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite New Jersey § 2a:4a-39?
A common citation format is "New Jersey Statutes § 2a:4a-39" (New Jersey). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of New Jersey law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Jersey official source linked on this page or consult a licensed New Jersey attorney.
How does New Jersey § 2a:4a-39 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Jersey can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in New Jersey.