Juvenile Crimes Lawyer in Nassau County, Long Island
In New York, most cases involving those under the age of 18 are handled through the juvenile justice system, meaning they proceed through the Family Court. However, there are exceptions for serious felonies, which may proceed through a special youth section of the Supreme Court. It is important to note that it does not matter how old the individual is when they appear in court; it only matters how old they were at the time of the alleged offense. If the court determines the child has committed a delinquent act, they may be adjudicated a juvenile delinquent and ordered to receive supervision, treatment, or placement. If your child has been detained for a juvenile crime, you need effective representation who can fight those charges. Contact KCS Law today.
What happens during a juvenile case?
First, a prosecutor will file a petition against the child that describes the acts he or she is accused of committing. In New York, a juvenile delinquency case trial is called a “fact-finding hearing.” It is similar to a criminal trial, though there is no jury present. During these trials, a judge will decide if the child committed the crime described in the petition. If the judge finds substantial evidence supporting the petition, the court will schedule a dispositional hearing and order the Probation Department to investigate the juvenile’s home and school behavior. Sometimes, a judge will order a mental evaluation. When this happens, the juvenile will be detained or released into the custody of a guardian until the dispositional hearing takes place. A dispositional hearing is where a juvenile is either sentenced as a delinquent (in need of supervision, treatment, or placement) or is released to the guardian with or without court supervision.
When juvenile crimes are heard in the Supreme Court Youth Part
Under New York’s recent Raise the Age law, children aged 16-17 are no longer automatically considered adults and tried in adult criminal court.
Children who are 13, 14, and 15 years old who commit serious crimes or violent acts may have their cases heard through the Supreme Court’s Youth Part rather than the Family Court. A Youth Part judge is responsible for making the decision regarding whether or not the case will proceed through the Youth Part or be transferred back to Family Court. Murder, assault, some serious drug offenses, armed robbery, and other serious and violent crimes may constitute a reason to hear the case in the Supreme Court Youth Part.
Juveniles must have an attorney
As in most states, a juvenile must have an attorney present representing his or her interests. It is paramount to hire an attorney who has your child’s best interests in mind, which is why KCS Law is ready to fight for your family. If a parent or guardian cannot afford to hire representation, the court will assign a lawyer to represent the client free of cost. If this applies to you, you must provide the court with supporting documentation demonstrating that you do not have the money to retain a private attorney. The court may grant your request at its discretion.
Contact an attorney who cares
At KCS Law, we understand that children make mistakes. If your child has committed a crime, you need effective legal representation to persuade the court to advocate for the case to be handled in Family Court when possible. If you need quality legal services or advice, contact KCS Law.