If your child faces a court case, consulting with a Long Island juvenile defense lawyer is important. You need to take a proactive stance in reaching out to a skilled and experienced Long Island juvenile defense lawyer.
Can a lawyer defend their child in court?
Crimes Versus Delinquent Acts
A minor who engages in conduct that would be a crime if undertaken by an adult is considered to have committed a delinquent act. Pursuant to New York law, as a general rule, a minor is not prosecuted for committing a crime. A minor is adjudicated for committing a delinquent act. There are exceptions to this rule that will be discussed in a moment. These depend on the age of the child and nature of the acts underpinning the case.
The Juvenile Court System in New York
New York has something of a two-tiered system when it comes to cases involving juveniles. A child of at least seven, but is 16 years of age or less, is adjudicated in Family Court if a case of delinquency is filed. If an adjudication of the child is "successful," the minor is deemed a juvenile delinquent. He or she is not deemed to have been convicted of a crime.
If this is your situation
Stop reading. Start defending.
A child who is 13, 14, or 15 can be treated as an adult and prosecuted for committing a crime in a New York Supreme Court, depending on the circumstances of a case. This occurs when the charges against a child in this age range is considered serious. If dealt with in this manner, a minor in his age range can be found guilty of a crime.
If a child initially is charged in Supreme Court, a Long Island juvenile defense lawyer can seek to have the case transferred to Family Court. If a transfer occurs, and a successful adjudication occurs, the minor is not convicted of a crime. Rather, in this situation, the minor is deemed to be a juvenile offender.
Even though a person technically is still a minor between the ages of 16 and 18,
the presumption is that the juvenile will be prosecuted in the New York Supreme Court. In such a situation, a minor between the ages of 16 and 18 can face the same penalties as would an adult being prosecuted in criminal court.
In a juvenile case, a trial technically is not held. The Family Court conducts what is known as a fact-finding hearing. There is no jury in a fact-finding hearing. The judge makes the final decision as to how the final disposition of the case.
Detention of Child While Case is Pending
Although New York law dictates that a child should be kept in the least restrictive, although appropriate, environment while a case is pending in juvenile court, there are situations in which a minor is restricted to a detention facility of some sort. A goal of a Long Island juvenile defense lawyer early on in a case is taking action to avoid detention of a child away from his or her home.
The court considers a number of factors in ascertaining where a child should be placed during delinquency or offender proceedings. A skilled Long Island juvenile defense attorney is in the best position to make a suitably compelling argument that a child should be allowed to remain in his or her residence while a case pends. A lawyer has the ability to request what is known as a probable cause hearing to present evidence pertaining to the placement of the child pending the resolution of the case.
Retain a Compassionate, Experienced Long Island Juvenile Defense Lawyer
In order to protect the rights and interests of your child, you need to consult with a compassionate, committed, experienced Long Island juvenile defense lawyer. Not any lawyer will do when it comes to dealing with a juvenile delinquency or offender proceeding. Your child needs representation by an attorney with experience in juvenile cases in the Long Island Family Court.
The first step in arranging representation by a Long Island juvenile defense lawyer is what is known as an initial consultation. During this meeting, a lawyer will evaluate a case and provide possible strategies for protecting a child's legal interests. As a general rule, a Long Island juvenile defense lawyer does not charge a fee for this preliminary appointment in a case.
The parent and child should not discuss a case with anyone until a consultation occurs with legal counsel. A child in these types of proceedings has the right to legal representation in all stages of the proceedings.