Criminal defense attorney and former Kings County felony prosecutor
New York Juvenile Court process is confusing to say the least. Although it is very similar to the adult criminal court process, there are many differences and similarities. Therefore, if you or your child are dealing with a criminal matter in family court, it is essential to hire not only an excellent criminal attorney, but also someone who practices in family court.
New York juvenile delinquency jurisdiction generally concerns children who were “at least twelve and less than eighteen years of age” when the alleged act occurred. Family Court Act 301.2 creates narrow exceptions for younger children accused of specified homicide offenses. The child’s age, exact charge, and applicable removal rules determine whether a matter proceeds in Family Court or a criminal court youth part.
What Are The Different Categories of Offenders in New York Juvenile Court?
New York distinguishes juvenile delinquency, juvenile offender, and adolescent offender cases. These categories concern age, the charged offense, and the court procedure. Youthful offender treatment is a separate potential disposition in a criminal case.
- Juvenile delinquency: A Family Court proceeding governed by the Family Court Act.
- Juvenile offender: A youth aged thirteen, fourteen, or fifteen charged with a specifically designated offense for which criminal responsibility is permitted.
- Adolescent offender: A sixteen- or seventeen-year-old charged with a felony, initially handled in the criminal court youth part, subject to applicable removal procedures.
These New York Juvenile Court categories are explained in greater detail below.
New York Juvenile Delinquents
A juvenile delinquency case generally involves a person aged twelve through seventeen whose alleged conduct would be a crime if committed by an adult, subject to Family Court Act 301.2 and the limited younger-child homicide exceptions. Felony allegations can be handled in Family Court; a felony is not automatically excluded from juvenile delinquency jurisdiction.
New York Juvenile Offenders
Juvenile offender status applies only to specified offenses committed at the statutory ages. It does not apply to every felony committed by a 13, 14, or 15 year-old. A qualifying prosecution begins in criminal court, with youth-part and potential removal procedures depending on the charge and circumstances.
New York Youthful Offenders
Youthful offender treatment is not a separate criminal charge. It is a potential adjudication that replaces the conviction of an eligible youth. Eligibility generally concerns offenses committed at age 16 through 18 and can also cover qualifying juvenile offenders. Statutory exclusions, exceptions, prior history, and the court’s determination matter. A youthful offender adjudication is not a criminal conviction and its records receive statutory confidentiality protections, subject to exceptions as codified in CPL 720.10. Eligibility for New York Youthful Offender Treatment are detailed here.
New York Adolescent Offenders
Adolescent offenders is the newest category created by Raise the Age Legislation. Adolescent offender cases involve felony charges against people who were 16 or 17 at the time of the alleged offense. They begin in the youth part of a superior criminal court, generally Supreme Court or County Court. Applicable Raise the Age procedures determine whether the case remains there or is removed to Family Court.
How Does the New York Juvenile Court Process Work?
The following discussion addresses Family Court juvenile delinquency proceedings. Cases that remain in criminal court follow a different procedure.
- Some suitable matters can be adjusted by probation before a delinquency petition is filed.
- A delinquency adjudication is not an adult criminal conviction. Confidentiality and sealing rules must be considered under the relevant statutes.
- Family Court determines the allegations at a fact-finding hearing before a judge. This should not be generalized to every youth prosecution in criminal court.
Arrest Process
Similarly to adult criminal cases, juvenile cases are handled by the New York State Law enforcement – i.e. NYPD, local police department or state troopers. In order to be charged criminally, the juvenile’s actions must constitute a crime under the New York Penal Law.
Upon review of the juvenile’s arrest and warrant history as well as the allegations on the matter, the police department will determine if the juvenile can receive an appearance ticket to come to Family Court at a later date. This is similar to receiving a desk appearance ticket in adult criminal court.
Unfortunately some New York juvenile cases are not eligible for receiving an appearance ticket. These are:
- Cases with allegations of domestic or familial violence,
- Violent felony charges i.e. Attempted Murder or Armed Robbery,
- Juveniles with outstanding warrants on other cases, AND
- Individuals with a history of not showing up for court.
Charging Process
After an arrest is made, not all New York juvenile cases get referred for prosecution. Rather, the Department of Probation conducts an intake to determine if the case can be “adjusted” or resolved without the involvement of the court. The Department of Probation interviews the juvenile, the juvenile’s parents, the arresting officer and the complainant (if there is one on the case) to determine if the juvenile’s case can be adjusted. That means, resolved outside the Court system.
How Does Probation Decide Which Cases to Adjust?
Probation adjusts those cases where the allegations generally do not involve violent felonies and where the juvenile has not previously received the benefit of having their case adjusted. Importantly, in conducting the interview with the juvenile, probation determines why the matter happened and if the juvenile can benefit from any sort of services.
What Should I Say to Probation During Intake?
Speak with the child’s attorney before discussing the alleged conduct during probation intake. Counsel can explain the purpose of adjustment, help identify appropriate services, and advise on participation. Family Court Act 308.1 restricts the transmission and admissibility of statements made to probation before a petition is filed. Those protections should not be described as permission to make unrestricted admissions in every interview or every later proceeding.
Decision on whether a case can be adjusted may not necessarily be made the same day. Sometimes, probation has a decision right after completing the interviews. Other times, probation requests 7 days to complete their assessment of the case to determine if the matter should be “adjusted.”
Why is Adjustment Beneficial?
Adjustment is an effort to resolve a suitable matter without filing a juvenile delinquency petition. It is not a guilty plea or an adjudication of the allegations. Participation may involve agreed conditions and services. Under Family Court Act 308.1, adjustment efforts generally may not exceed three months without court permission, which can authorize an additional two months. Successful completion can avoid a court petition.
What Happens if Adjustment is not Recommended, or if the Juvenile Doesn’t Comply with Adjustment?
If a matter is not adjusted, it may be referred to the appropriate presentment agency for a decision about filing a delinquency petition. In New York City, this is generally the Office of the Corporation Counsel within the City’s Law Department. Corporation Counsel is a city office, not a statewide agency.
The presentment agency presents the allegations in Family Court. Different counties and specified matters may involve different authorized agencies. The child’s attorney should identify who is handling the particular case and explain the next steps.
What is a Fact Finding Hearing in New York Juvenile Court?
Similarly to adult court, in a juvenile delinquency case, a judge presides over the matter. If the child’s attorney cannot reach a disposition with Corporation Counsel or receive an “adjustment” for their client, the matter proceeds to a fact-finding hearing. Just like in adult criminal court, New York juvenile cases proceed to what’s called a “fact finding hearing.”
A fact finding hearing in the New York Juvenile Court process is similar to a trial in adult criminal court. In adult criminal cases, either the judge or the jury decides the person’s guilt or innocence. In New York Juvenile Court cases, there are no juries. Rather, a judge presides over the matter and decides the juvenile’s guilt or innocence on the delinquency petition. Similarly to Criminal Court, Corporation Counsel needs to prove their case beyond a reasonable doubt of each and every element of the crime.
Frequently Asked Questions
Can a twelve-year-old face a delinquency petition?
Yes, where the statutory requirements are satisfied. The general minimum age is twelve; limited homicide exceptions apply to younger children.
Does every youth felony go to adult court?
No. Age, the specifically charged offense, and removal procedures determine the forum. Family Court can handle felony-level delinquency allegations.
Is youthful offender treatment automatic?
Not in every case. Eligibility and the court’s required or discretionary determination depend on the statutory rules and case history.
Should my child speak to probation without counsel?
Consult the child’s attorney first so the family understands adjustment, available services, and the applicable statement protections. For representation, contact The Fast Law Firm before sending detailed case information.
Contact Top Rated New York Juvenile Defense Attorneys Today
If you or your child are dealing with the family court process, please contact us today to schedule your initial consultation. Having the right attorney on a New York juvenile criminal case can make all the difference between having and not having a permanent criminal record that may impact future life plans.