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Understanding Juvenile Criminal Defense in New York State

As a parent, it’s very distressing knowing that your minor is charged with a crime. Since laws and punishments that may affect an accused juvenile differ significantly from the laws that prosecute adults, you will need the help of a professional and passionate juvenile defense lawyer. To make matters worse, all criminal attorneys aren’t well versed in criminal defense for juveniles.

How Children Are Prosecuted Differently in New York Courts

In New York, children are prosecuted differently compared to adults. In case your kid has been accused of a crime in Queens, Brooklyn, Manhattan, Staten Island or the Bronx, you need to know the juvenile justice system’s complexities. You require a juvenile crime attorney from a reputable company like Spodek Law Group to outline all the complexities and help you win the case.

New York Juvenile Crimes: Legal Definitions and Age Requirements

Understanding Juvenile Delinquency Under Family Court Act Article 3

Any illegal act committed by an individual aged 7 to 15 results in the young adult declared a juvenile felonious if they are found responsible for committing a crime. Such an individual requires supervision, confinement and/or treatment.

Juvenile delinquency cases in New York are held in family courts and not in criminal courts. Law violation is also known as a delinquent act, not a crime, irrespective of what the young one is accused of. This can be shoplifting, violating drug laws, committing an assault offense or any other unlawful activities.

When Teens Face Adult Criminal Court Proceedings

When a teenager between the ages of 13-15 commits a violent and/or serious offense, the case can be held in a supreme court, rather than a family court. In case the teenager is convicted, he or she isn’t considered a juvenile delinquent but a juvenile offender. At 16, a teen is not a juvenile and will be tried as an adult.

How Juvenile Cases Are Prosecuted in New York

The Critical Need for Experienced Legal Representation

Since being accused of committing a crime is traumatic, your child requires a knowledgeable and experienced juvenile defense lawyer. This is because many minor mistakes can cause life-altering consequences for your young one, and this is not what you want. You need a representative who can work with the prosecutor and police to handle the case.

Common Crimes Minors Are Often Involved In

Common crimes minors are often involved in include:

• Robbery
• Criminal mischief
• Possession of marijuana, alcohol, or other controlled substances
• Burglary
• Possession of illegal weapons
• Sex crimes like sexual assault or rape on a younger child

The Juvenile Justice Process After Arrest

Once your child is arrested, several juvenile justice processes happen. Each case varies but with the help of a lawyer, you will get all the guidance you and your child require.

When a child is arrested, the judge or police will determine if your child can be released to you or not.

Release with Appearance Ticket

• If your child is released by the police to you, the release is accompanied by an appearance ticket. The child and/or the parent may be asked to appear in court for the case.

Court Scheduling and Defense Preparation

• The court schedules a hearing date allowing the defense counsel to collect facts and evidence. Once this task is completed, the defense attorney negotiates with the prosecution to reach a mutual agreeable solution.

Fact-Finding Hearing and Judicial Decision

• If no agreement is attained, a decision has to be made by the juvenile judge. Unless the case is serious, your child appears before a regular court and is tried as an adult – no juries are allowed. It is the responsibility of the juvenile lawyer to review the case and make a final ruling.

Protecting Your Child’s Future with Professional Legal Help

Never trust your child’s future to anyone. Contact us at Spodek Law Group and get an attorney to help protect your child’s future. We can handle juvenile cases efficiently and effectively, making the juvenile justice process smooth.