New York Juvenile Defense
In the State of New York, juvenile criminal cases are heard in NY Family Court. A child that is under 16 years of age is considered a juvenile. In New York, a District Attorney has the discretion to remove a case from the juvenile court to the criminal court and try them as an adult defendant. This is rare, however, and usually only occurs when the charge is Rape, murder, a hate crime or violent Assault. If you, or a loved one has been charged with a crime such as Petit Larceny, grand larceny, mail fraud or Computer Fraud, speak with a New York Juvenile Defense Lawyer from Elliott Adler, P.C. for advice and support.
After the Arrest of a juvenile, the police usually return the child to their parent’s custody. The parent will be given a Desk Appearance Ticket (DAT), which will give notice of the date and time of their Arraignment. On the date of the hearing, the juvenile, the parents, and their New York Criminal Lawyer will be expected to appear before the court.
Family court is different in that they do not set bail at an Arraignment. The judge will either remand the child to a juvenile detention facility or release the child to their parents. At the hearing, the judge and the prosecutor will set a date to begin “fact finding.” In the fact, finding stage of the proceedings, the New York Juvenile Defense Lawyer and the prosecutor will present their case. If there is no settlement, the judge will decide the guilt or innocence of the child. There is no jury in a juvenile case. While a juvenile cannot be sent to jail, they can be “placed” by the judge. This means that depending on the child’s issues, they can be sent to various facilities. Each facility has different levels of confinement and focuses on different areas of treatment. If the parents and New York Juvenile Criminal Lawyer disagree with the judge’s sentence, they can contest the decision through a dispositional hearing.
If your child has been arrested, you are likely alarmed and aren’t sure what to do next. It is important to speak with a New York Criminal Juvenile Defense Lawyer from Elliott Adler, P.C. without delay. We will explain the charges against your child, and determine a legal course of action to ensure that his or her rights are protected. We will provide you with a free consultation, so call us today at 212.785.1300. We have handle matters in Nassau County and Suffolk County on Long Island, and Westchester County well as New York City, including Manhattan, Queens, the Bronx, Brooklyn and Staten Island.