Juveniles who are charged with criminal offenses in Middlesex County can face very serious consequences. These can include probation, incarceration, a record, and in some cases Megan’s Law listing. It is therefore crucial to consult with an experienced New Brunswick court defense attorney if you have received a notice for your child to appear in the Family Part of the Superior Court in Middlesex County.
The Middlesex County Juvenile Court is located at 56 Paterson St., P. O. Box 964, New Brunswick. Special rules apply to the police who seek to detain a child. First, it should be noted that juveniles involved in “family crisis” are distinguished by law from “delinquent juveniles.” See State in the Interest of J.G., 227 N.J. Super. 324 (Chanc. 1988). Rule 5:21-4 provides that a juvenile may not be placed in a detention or shelter other than specified by the Juvenile Justice Commission. No juvenile may be placed in an adult jail, prison, or lock-up unless, no other facility is available and a brief holding is necessary to allow release of the juvenile to his/her parents or guardian.
Under no circumstances may a juvenile be placed with adult offenders. See County of Hudson v. State, Dept. of Law and Public Safety, 328 N.J. Super. 308 (App Div. 2000).
No Juvenile under the age of 11 may be detained under any circumstances. See Rule 5:21-5, unless the child has committed an offense, if committed by an adult, would constitute arson, or a first or second degree offense. A juvenile over the age of 11 may only be detained if detention is necessary to secure the presence of the juvenile at the next hearing or if the physical safety of persons, property or the community would be threatened by the juvenile. A juvenile may be temporarily detained if the criteria for detention has been met and the juvenile is charged with a disorderly or petty disorderly persons offense.