New York Juvenile Delinquency Attorney
Family Court Proceedings Related to Juvenile Delinquency
Juvenile delinquency is a term used to describe criminal behavior, actions that would be considered crimes if the child were an adult. Because the child is not a legal adult, juvenile delinquency is approached in a different manner. A child who is aged 7 to 15 may be found to be in need of supervision, treatment or confinement to resolve juvenile delinquency. All cases of this kind are heard in Family Court. If the child is aged 13 to 15 and stands accused of a particularly serious or violent crime, however, the case may be transferred to Supreme Court. If a child is found guilty at this level he or she may be labeled a “juvenile offender” and may face more serious penalties than a “juvenile delinquent.”
All children facing juvenile delinquency proceedings in New York Family Court are required to have a lawyer. If you cannot afford legal representation, the court will assign a lawyer to represent your son or daughter. The case begins when a prosecuting attorney presents the juvenile delinquency case by preparing a petition against the child that explains the alleged acts. This usually occurs after a child has been arrested and held in custody until the next court day or is given an “appearance ticket” with a specified time and date to return to Family Court.
Juvenile delinquency proceedings involve what is called a fact-finding hearing. This is similar to a criminal trial but there is no jury present in Family Court proceedings. A judge will review the evidence at hand and will make a decision as to whether the child should be released or held in custody during these proceedings (there is no bail in juvenile delinquency cases). A Family Court judge handling a New York juvenile delinquency case will determine whether the child has actually committed the acts as alleged by the prosecuting attorney. If the judge determines that the minor is guilty, a child may face various penalties based upon confinement, treatment or supervision.
Juvenile Delinquency Lawyer in New York
Ensuring that your son or daughter has intelligent and aggressive representation in Family Court proceedings related to juvenile delinquency is crucial. Just like you, your child has the right to an attorney in the face of criminal allegations of any kind. A lawyer with experience in this field can work to build a case on your child’s behalf to help him or her avoid confinement or other penalties.
Contact a New York Family Court Lawyer at our firm today to discuss your juvenile delinquency case.