Juvenile Delinquency, Juvenile Crimes and Youthful Offender Proceedings in New York
When a child under 16 years old is arrested in New York for allegedly committing a crime, they're usually charged with a "delinquent act" and handled as a "juvenile delinquent" in Family Court. This means they're treated differently from adults in criminal court because of their age. According to the law in Family Court Act Article 3, Section 301.2(a), a juvenile delinquent is someone between seven and sixteen years old who commits a crime but isn't considered criminally responsible, due to being too young.
The process for juvenile delinquency is similar to being charged with a crime as an adult, but there are important differences. In Family Court, a judge can decide on supervision, treatment, or confinement for the child. However, there's room for negotiation between the child's lawyer, the prosecutor, and the judge to reach a fair outcome. In some cases, children aged 13 to 15 who are accused of serious violent felonies might be charged as adults in criminal court. But even if they're treated as adults, a child 13 to 15 years old will be a “juvenile offender” and won't have a “criminal” record if they're found guilty.
The difference between being labeled a "juvenile offender" and being convicted as an adult is big. A "juvenile offender" is someone between 13 and 15 who's accused of committing very serious felonies - while they won't have the same criminal record as an adult, they can still face serious consequences and punishments similar to adults.
Handling crimes involving juveniles requires special legal expertise because it's a different system than regular criminal cases. It involves unique issues like family dynamics, the role of the Family Court judge, and the agencies involved in the prosecution. That's why it's crucial to have a lawyer who understands both criminal law and juvenile proceedings.
STARTING A JUVENILE CASE
Juvenile cases start with an arrest, just like adult cases. Depending on the age of the child, they may go through the Criminal Court system, or straight to Family Court. If the child is taken to Family Court, and if the charges proceed, there will be a fact-finding "hearing," which is like a trial without a jury. The child has the same Constitutional protections as everyone else, and the police and prosecutor have to follow the law to prove the charges. Once charges are officially filed, the child is taken to Family Court before a judge. The child can be held in an Administration for Children Services (ACS), Child Protective Services (CPS), or analogous entity's detention center until a Family Court judge is available to hear the case.
JUVENILE CRIME PROCEDURE
The procedures can be confusing in New York Family Court on juvenile prosecutions. If the charges proceed against a child, the Court will schedule a fact-finding “hearing,” which is like a “trial” in an adult case , except without a jury. Just as with any other trial, the burden of proof is on the prosecutor to prove the charges not the child or Family Court defense attorney. The prosecutor will typically call witnesses who provide testimonial evidence in support of the charges. The prosecutor can produce physical evidence of various kinds, and the child's defense attorney will have the opportunity to present evidence and cross-examine the prosecution's witnesses. The Family Court judge will act as both the judge of the law and of the facts, meaning the child's guilt or innocence will rest entirely in the Family Court judge's hands.
If the child is found guilty, the judge can decide on different sentences, like probation, attending a program, or being placed in a juvenile detention facility. It's important to be prepared and diligent in protecting the child's future, as one mistake shouldn't define their entire life.
If your child is facing legal trouble, it's crucial to seek help from experienced lawyers who can advocate for their rights and future. The experienced lawyers of Dusenberry & Dusenberry will work to protect your child at every step of legal proceedings, to keep them out of incarceration. No child should have their life defined by one mistake or accusation.
Please call 718-625-1777 for a FREE TELEPHONE CONSULTATION!
Matthew Dusenberry is a Criminal Defense Lawyer in Brooklyn, New York.
Harry Dusenberry has practiced Criminal Defense and DWI Law in New York City for over 40 years.
Law Office of Dusenberry & Dusenberry, 107 Smith Street, Brooklyn, NY 11201. 718-625-1777.
Web: Dusenberrylaw.com
