STATE IN INTEREST OF J.L.W.


236 N.J. Super. 336 (1989)

565 A.2d 1106

STATE OF NEW JERSEY IN THE INTEREST OF J.L.W., JUVENILE.

Superior Court of New Jersey, Appellate Division.

Decided October 25, 1989.


Attorney(s) appearing for the Case

Ronald S. Fava, Passaic County Prosecutor, attorney for appellant State of New Jersey (Gary H. Schlyen, Chief Assistant Prosecutor, of counsel and on the brief).

Alfred A. Slocum, Public Defender, attorney for respondent J.L.W. (Robert L. Sloan, Assistant Deputy Public Defender, of counsel and on the letter brief).

Before Judges J.H. COLEMAN, BRODY and SKILLMAN.


The opinion of the court was delivered by BRODY, J.A.D.

On the basis of an adverse inference drawn from the State's failure to call a witness at a referral hearing, a Family Part judge determined that the evidence did not present probable cause to believe that the juvenile, J.L.W., had committed the offenses with which he has been charged. We granted the State leave to appeal and now hold that when determining probable cause a judge is limited to a consideration of...

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