For children, they can make mistakes as they grow up. They are not totally developed mentally to make the best decisions. When they commit crimes, they can be tried as juveniles. This means. In New York state, juveniles are all those under the age of 16. They must be at least 7 years old to be tried as a juvenile. All those individuals over the age of 16 will be tried as an adult. If the child was 16 or younger when the crime was committed, then they may be charged as a juvenile. When a child is defined as a “juvenile delinquent,” it means that they need supervision, treatment or confinement. This could mean that they are more dangerous than other individuals who are classified as a juvenile. It could also be attributed to the mental state of the child.
How do juvenile cases proceed?
Juvenile cases are not done in a regular courtroom setting, but they are instead heard in family court. When a juvenile is detained, a prosecutor will file a petition against the child. This will include the details of the allegations that are being made against them. The family court trial is also known as a fact-finding hearing. There is no jury but there is a single judge. The judge will act and make the decisions by themselves. If they find that there is a lack of evidence, they may decide to dismiss the case. If they find that there is evidence to support the allegations being made, a dispositional hearing may be made. The judge may then order a probation department to investigate the juvenile’s home and school behavior.
Furthermore, the judge has the authority to order an evaluation of the child’s mental health. In order to accomplish this, they can summon the city’s mental health services to do so. The decision of the court may detain a child or sentence them to parole in the custody of their parents. This may be until there is a dispositional hearing where the judge will further decide if the child is considered to be a delinquent or if they will be released to a guardian.
Juveniles need to be provided with the proper representation. This is to help protect their futures. For help with juvenile cases, contact our professional attorneys.
If you are in need of experienced legal counsel for a criminal defense matter on Long Island or throughout New York State, please contact Grunwald & Seman, P.C. to schedule a consultation and we would be happy to assist you.