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Juvenile Crimes, Delinquency & Youthful Offender Proceedings: Prosecutors

March 21, 2024 Uncategorized

If your child has been accused of a crime, you may worry that he or she will be prosecuted against by the same people who handle adults. Thankfully, the prosecution in most juvenile cases are done so by a completely different agency. If your child has been charged with a substance abuse crime, the prosecution will be a juvenile delinquency attorney instead of the District Attorney’s office. In New York, the Attorney General will occasionally step in depending on the severity of the crime, but you will often be up against the County Attorney instead. The county office handles municipal matters as well, such as housing offenses or traffic crimes.

Prosecutor’s Role

The role the prosecutor plays in a juvenile case is less serious than in an adult case. When an adult is charged with a crime, the New York Assistant District Attorney will review the case completely and decide what charges should be filed in court. They work with the police during the investigation and work to see if it would just be better to plead the case out, or if it is even strong enough to go to court.

However, the prosecution in juvenile crimes get the charges from the police. The prosecutor will only see the case if the police feel there is enough merit to go to court. Typically, it is a probation department that handles the screening of juvenile cases. This is because probation officers think differently than the Attorney General, which is necessary if it is believed the juvenile’s behavior can be corrected before adulthood. With that said, the prosecutor will still contact key witnesses, negotiate with the defense, file motions, and try the case in court if it gets that far. This is the same as adult crimes.

What is important, and why it is important for you to still obtain a defense attorney for your child, is that the prosecutor may still decide to resolve a case before the trial begins. Despite what the probation office desires, the prosecutor and your attorney can reach an agreement with a consequence to actions that satisfy the crime. The judge will still be reached to see the resolution that has been drawn up and must agree with it as well for a trial to be avoided. This is a desired resolution for many because it ensures a fair ending for the juvenile and saves time for cases that need tried.

Going to Court

While every attempt will be made to settle the case out of court, some cases will need to be tried. The prosecution will use juvenile court to rehabilitate the minor, rather than work for a harsh jail sentence. They will look for community service, counseling programs available, and diversion to prevent the crime from happening again. While they still have the right to a trial, you will not have the right to request a jury of your peers. The judge will hear the evidence in a hearing with the prosecutor, your defense attorney, and you and will decide on appropriate consequences if an agreement has not been reached. They are an informal court, which is why some juveniles will need to be charged as adults if the crime is severe.

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Christine Twomey
Christine Twomey
2024-03-21
Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.
Brendan huisman
Brendan huisman
2024-03-18
Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!
Guerline Menard
Guerline Menard
2024-03-18
Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️
Keisha Parris
Keisha Parris
2024-03-15
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko Beauty
Taïko Beauty
2024-03-15
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!
Anthony Williams
Anthony Williams
2024-03-12
Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.
Loveth Okpedo
Loveth Okpedo
2024-03-12
Very professional, very transparent, over all a great experience
Bee L
Bee L
2024-02-28
Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.
divesh patel
divesh patel
2024-02-24
I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

While the case is tried differently, the prosecutor must still offer a few rights to you and your defense attorney. You have the right to cross-examine and receive evidence against you. The prosecutor needs to make sure they have enough to prove you are guilty of a crime, beyond all reasonable doubt. Just because the prosecutor is more lenient in juvenile cases than in adult cases, does not mean you should rely on them to have your best interest in mind. Most juvenile cases are sealed after the age of 18, however, it is possible that the child’s entire future can be damaged due to a crime. It is your responsibility and duty to make sure you are defended adequately.

With everything stated, it is important to know that juvenile cases are tried very differently in the state of New York because the state wants to see a person succeed. The delinquency and probation offices work to keep a child’s future in mind when determining how to close a case, but still satisfy the offended parties.

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