New York raised the age of criminal responsibility to 18, so a person under 18 is generally not automatically prosecuted as an adult. When a juvenile under the age of 18 is arrested for committing a crime, they must have an experienced criminal defense attorney who can effectively represent their interests. The Law Office of Carl Spector understands that as a parent of a juvenile who has been arrested, this may be a challenging time for your family. Our firm is here to protect your child’s future from being burdened by the long-term complications of a criminal record. For strong legal representation when you need it most, contact a Rockland County juvenile crimes attorney from The Law Office of Carl Spector today.
In New York State, juvenile cases are handled differently from adult cases. When a juvenile is detained, a prosecutor will file a petition against the child that includes the details surrounding the accusations. Then, a fact-finding hearing occurs within the family court. There is no jury present at this hearing, and the outcome is decided by a judge. If there is not enough evidence to support the case, the judge will dismiss the case. If the judge does find evidence supporting the allegations, there may be a further investigation into the juvenile’s behavior at home and at school. Mental health services may also order an evaluation. The court will have to determine whether the juvenile should be detained or released into the custody of the parents until a final decision is made.
In New York, certain juveniles can be charged as adults if they commit a serious crime or a violent act. Juveniles aged 13, 14, or 15 charged with certain serious or violent felonies are Juvenile Offenders by statute, and those cases originate in the Youth Part rather than being waived up. Whether a case stays there or moves to Family Court is governed by statute and decided by the Youth Part judge. The offenses that can result in being charged as an adult can include the following:
You should note, however, that New York provides for statutory removal to Family Court, which is presumed for many non-violent felony charges. An experienced attorney can fight to have your child’s case remain out of adult court.
In New York, any juvenile facing an offense must be represented by an attorney. Generally, the child’s parents or guardians are required to pay for the attorney. However, if they cannot afford it, they may request that the court offer an attorney free of charge. The standard for this is quite high, so it is very rarely offered.
If your child has been charged with a criminal offense in the state of New York, you must retain the services of an experienced attorney. The Law Office of Carl Spector has proudly served clients throughout Rockland County for over 30 years. Our firm can fight to protect your child’s future from the burdens of a criminal record. Contact The Law Office of Carl Spector today to learn how we can assist you.
