A juvenile crime can have a large impact on a family. Children grow, learn, and make mistakes. If your child is accused of a juvenile crime, it is important to retain a skilled legal team to represent him or her. Read on to learn more about juvenile crimes in New York State, the process of a trial, and what you can do if your child is accused of committing a crime.
What Counts as a Juvenile Crime in New York?
A juvenile crime is a crime committed by a minor between the ages of 7 and 18. Up until recently, in New York State, anyone 16 or older could be tried as an adult. The law was changed so 16 and 17-year-olds have the opportunity to be tried as a juvenile, unless they have committed a serious offense. In these instances, the case can be waived to adult court.
Where Are Juvenile Crimes Tried?
A juvenile crime will be tried in the New York family court, rather than criminal or municipal court. As such, for cases on Long Island, the case will likely be referred to Suffolk or Nassau County Family Court.
In NYS, a juvenile case trial is called a “fact-finding hearing.” It does not matter how old a child is when appearing in court; it only matters how old the child was at the time the crime was committed. As such, if the child is 17 when they commit the crime, but turns 18 before the hearing, they would still proceed through the juvenile court system.
What Happens During a Juvenile Case?
If you or your child has been charged with a criminal offense, it’s important to familiarize yourself with the juvenile justice system, as it differs from the standard adult legal system.
Filing and Investigation
The case begins when a prosecutor files a petition against the child, describing the acts he or she is accused of committing. A judge will then determine whether the child committed the crimes listed in the petition.
If enough evidence is found, the court will schedule a hearing, and the Probation Department will conduct an investigation regarding the child’s behavior at school and home. A mental evaluation of the child may also be ordered.
Fact-Finding Hearing
At the hearing, it’s important to understand that no jury will be present. The judge will oversee the case and determine whether or not the allegations are true. If the prosecution’s evidence suffices, the judge is also responsible for determining the sentence.
It is at this hearing that the prosecutor must prove that the allegations against the minor are true. However, the defense has the option to cross-examine witnesses and present its own evidence.
What Sentencing Options Exist for Juveniles?
While adult criminals are usually sentenced as a form of punishment for their actions, juveniles are generally sentenced with rehabilitation and supervision in mind. A juvenile will either be sentenced as a delinquent or released to a guardian. If a juvenile is sentenced as a delinquent, he or she may be in need of supervision, treatment, or confinement. If a juvenile is released to a guardian, he or she may require court-ordered supervision.
It’s also important to understand that juvenile court proceedings are generally considered confidential in New York. As such, their records are treated differently from adult criminal cases due to the age of the offender.
Possible Outcomes
- Conditional release under supervision
- Court-ordered probation
- Referral to a behavioral program
- Placement in a juvenile detention facility (secure or non-secure)
Can Juveniles Be Tried as Adults?
Under some circumstances, a juvenile may be tried as an adult. Generally, this is the case when children between the ages of 13-18 are accused of committing serious criminal offenses. Some crimes that may shift the case from Family Court include murder, assault and battery, some serious drug offenses, and armed robbery, among other offenses. This is because violent offenses can be transferred out of the family court.
Do Juveniles Need a Lawyer?
A juvenile must have an attorney present. If a parent or guardian cannot afford an attorney, a court-ordered lawyer will be assigned to the case. This is because children do not have the right to represent themselves in a court of law due to the complexity of the legal system.
Children make mistakes, but providing your child with the right legal counsel can be imperative to his or her future. That is why it is important to retain a skilled and knowledgeable attorney to fight for your child.
Parental Involvement
It’s important to understand that parents of juvenile offenders on Long Island must also comply with certain rules:
- Parents must attend the proceedings
- Parents may be required to comply with the supervision plan implemented by the court
- The court may order services like counseling or education for the family
Contact Our Firm
Criminal matters can change the course of your life forever. This is why you need an experienced attorney who will aggressively combat your charges to help mitigate their long-term effects. If you are in need of experienced legal counsel for a criminal defense matter on Long Island or throughout New York State, please contact KCS Law to schedule a consultation. We would be happy to assist you.