One of the worst things that happens to a parent is to have the police call you to advise you that your child has been arrested. What should you do? The first thing is to take a deep breath. Then, call The Law Offices of Michael S. Discioarro, LLC 917-519-8417. While your child may be charged as a juvenile, criminal charges can still result in jail time and damage to their future.
A juvenile arrest can have serious consequences for a young person and family. New York treats juvenile cases differently from adult criminal prosecutions. The outcome of a conviction will affect detention, school, placement, and future opportunities. New York’s Raise the Age laws also created different procedures for teenagers. The applicable procedure depends heavily on the child’s age and the alleged offense. A juvenile defense lawyer can challenge the allegations, seek dismissal, negotiate a less serious disposition, or pursue removal to Family Court when appropriate.
A juvenile criminal case requires careful analysis of the child’s age, the alleged offense, and the evidence. The classification of the offense can significantly affect where the case proceeds and the possible consequences. An experienced New York juvenile defense lawyer will investigate the allegations, and develop a strategy designed to obtain dismissal, reduce the charges, or pursue the most favorable disposition available under New York law. Every case is unique. Contact the law offices of Michael S. Discioarro for a juvenile criminal defense consultation,
call 917-519-8417
A juvenile delinquency proceeding generally involves a person at least 12 and under 18. The alleged conduct must constitute a crime if committed by an adult. These cases are mostly handled in Family Court rather than criminal court. Family Court has exclusive original jurisdiction over juvenile delinquency proceedings. A juvenile delinquency adjudication is not the same as an adult misdemeanor or felony conviction. The underlying conduct is classified by the offense it would constitute for an adult.
Juvenile delinquency cases can involve conduct that would constitute either a misdemeanor or felony if committed by an adult.
Examples include:
The seriousness of the underlying offense can significantly affect the disposition. A misdemeanor level allegation presents less severe exposure than a felony allegation. A juvenile criminal case should never be treated as minor problem simply because the child avoids an adult conviction.
New York has a separate category called a “designated felony act.” These are particularly serious offenses identified by statute. They include certain acts like murder, kidnapping, arson, assault, rape, aggravated sexual abuse, robbery, burglary, and certain weapons offenses. A designated felony act can result in substantially more restrictive consequences than an ordinary juvenile delinquency case.
Designated felony acts are further divided between designated felony acts and designated class A felony acts. A designated class A felony act involves conduct that would constitute a class A felony if committed by an adult.
Some children between 13 and 15 can be prosecuted criminally for particularly serious offenses. New York law defines these individuals as juvenile offenders. The juvenile offender provisions cover specified serious crimes, including certain forms of second-degree murder and other offenses identified by statute. These cases can begin in the Youth Part of a superior criminal court. Your defense lawyer can seek removal to Family Court when statutory requirements are satisfied.
New York also has special rules for defendants who were 16 or 17 when an alleged crime occurred. Certain felony cases involving adolescent offenders begin in the Youth Part. Depending upon the offense and circumstances, the case may be removed to Family Court. The distinction matters because an adolescent offender faces criminal penalties if the case remains in criminal court. A lawyer can evaluate Family Court removal early in your child’s case.
The prosecution must establish the allegations against the respondent. A New York criminal defense lawyer can examine witness statements, surveillance footage, forensic evidence, school records, electronic evidence, and police reports. Your attorney can identify inconsistencies between witnesses and other evidence. Weak identification evidence provides an important defense.
Police must comply with constitutional requirements when searching a young person, vehicle, home, backpack, or electronic device. If evidence was obtained unlawfully, a criminal defense lawyer will seek suppression. Successful suppression can substantially weaken the prosecution’s case.
Statements made during a police investigation become evidence. Juveniles receive important constitutional protections when questioned by law enforcement. A New York criminal lawyer will examine the circumstances surrounding an interrogation. Issues may include whether required warnings were provided and whether a statement was made voluntarily.
A juvenile delinquency petition must contain specific information about the alleged offense. The petition must state facts supporting every element of the charged crime. An attorney can examine whether the petition sufficiently alleges the required elements. Defects can provide grounds for dismissal or other relief.
Eyewitness identification can be unreliable. An experienced attorney will investigate lighting, distance, duration, prior familiarity, identification procedures, and inconsistencies. Your defense team can also cross-examine witnesses about contradictions between their statements and other evidence.
Not every juvenile case should proceed to a contested fact-finding hearing. In appropriate cases, legal counsel will negotiate with the presentment agency. The goal will include dismissal, adjustment services, a less serious finding, or a favorable disposition. The child’s age, background, school situation, prior record, and circumstances can all matter.
For eligible adolescent or juvenile offender cases, removal to Family Court can be an important defense strategy. New York law permits courts to consider factors such as the seriousness of the offense, the evidence, the defendant’s history, mitigating circumstances, and community safety. A qualified lawyer will evaluate opportunities for removal before assuming a case will remain in criminal court.
Early intervention gives your defense lawyer more opportunities to protect your child’s future. Counsel can investigate evidence before memories fade or evidence becomes unavailable.
New York law expressly recognizes due process protections in juvenile delinquency proceedings. The court must also consider the child’s needs and best interests. A juvenile will benefit from experienced legal representation throughout the process. New York law provides important protections concerning a minor’s ability to waive counsel.
Juvenile criminal charges can affect a child’s freedom, education, family life, and future opportunities. The outcome of a case depends on the evidence, the specific allegations, and the lawyer defending your child’s rights. A juvenile defense lawyer can challenge unreliable evidence, identify weaknesses in the prosecution’s case, and pursue dismissal, reduced charges, or a favorable resolution when appropriate. Early legal representation helps to protect your child’s rights at every stage of the proceedings. Contact the Law Offices of Michael S. Discioarro to discuss your child’s case and available defense options. Call 917-519-8417 to schedule a consultation.
The consequences depend on the child’s age and the offense alleged. New York has different procedures for juvenile delinquency cases, juvenile offenders, and adolescent offenders.
Most juvenile cases are handled in Family Court rather than ordinary criminal court. Family Court has exclusive original jurisdiction over juvenile delinquency proceedings.
Generally, a juvenile delinquent is at least 12 and under 18. The child’s age when the alleged offense occurred controls jurisdiction. Different rules apply to certain 16- and 17-year-olds prosecuted as adolescent offenders.
New York’s juvenile delinquency statutes generally apply to children who are at least 12. Other legal proceedings can apply to younger children depending on the circumstances. An attorney should evaluate the child’s age and the specific allegations before determining what proceedings are possible.
A juvenile delinquency case can involve conduct that would constitute a crime if committed by an adult. Potential allegations include assault, robbery, burglary, criminal mischief, theft, drug offenses, and weapons offenses. The seriousness of the underlying offense affects the available dispositions.
A designated felony act is a particularly serious category of juvenile offense. The Family Court Act identifies specific offenses that qualify for this classification. A designated felony finding can result in significantly more serious consequences than an ordinary juvenile delinquency case.
Yes, certain young people can be prosecuted in criminal court under New York’s juvenile offender and adolescent offender laws. The specific rules depend on the person’s age and alleged offense. Some cases can be transferred from criminal court to Family Court.
An adolescent offender generally refers to a person who was 16 or 17 when an applicable crime was allegedly committed. Certain cases begin in the Youth Part of a superior criminal court. Depending on the offense and circumstances, the case may be transferred to Family Court.
Yes, having an attorney is extremely important. New York law presumes that a minor lacks the knowledge and maturity necessary to waive counsel. The presumption can only be overcome under specific statutory requirements.
A fact-finding hearing is similar in some respects to a trial. The presentment agency must establish the allegations against the respondent under the applicable legal standard. The defense can challenge witnesses and evidence and present appropriate defenses.
