Juvenile Offenses and Arrest in New York
Statistics from many sources show that children are being accused of crimes at a higher rate than ever before. Most people do not understand the basics involved with juvenile offenses, as the proceedings and records are quite secretive in nature, and the public policy behind this secrecy stems from society's interest in protecting the interests of minors so that they are given the best chance possible to succeed as adults.
Although the types of offenses, burdens of proof and many of the procedures involved with the prosecution of juvenile crimes in New York are largely the same as those that would occur in adult court, there are important differences between the two processes. Regardless of the nature of those differences, if your child is facing the prospect of answering to accusations of juvenile offenses, contact our attorneys today to schedule an initial consultation. In the meantime, below is a look at some of the particularities of the juvenile system in New York.
Determining the Status of a Defendant
The initial determination regarding this type of matter is whether a defendant is a juvenile in terms of the law or an adult. There is a specific statutory provision that helps define this status, and the text of that statute appears below:
§ 301.2. Definitions.
As used in this article, the following terms shall have the following meanings:
- "Juvenile delinquent" means a person over seven and less than sixteen years of age, who, having committed an act that would constitute a crime if committed by an adult, (a) is not criminally responsible for such conduct by reason of infancy, or (b) is the defendant in an action ordered removed from a criminal court to the family court pursuant to article seven hundred twenty-five of the criminal procedure law.
Jurisdiction
When an adult is accused of a crime, he or she appears in the adult criminal courts in New York. However, when a juvenile is accused of an offense, the family court of New York handles the matter until it's completed, as you see by the statutory language above. Once a case is removed to the family court, the adjudication of a criminal accusation is largely the same in terms of burden of proof and evidence that's admissible.
Beginning the Proceeding
The juvenile proceedings are initiated with a petition instead of an indictment, and New York law governs how this is handled:
§ 311.1. The petition; definition and contents.
- A petition originating a juvenile delinquency proceeding is a written accusation by an authorized presentment agency.
- A petition shall charge at least one crime and may, in addition, charge in separate counts one or more other crimes, provided that all such crimes are joinable in accord with section 311.6.
Once a determination of the status of a defendant and jurisdiction as a result is determined, the proceedings begin. A juvenile can be charged with the same offenses as an adult, although if convicted, a juvenile will be sent to a detention facility instead of state prison.
Regardless of these differences, juvenile offenses are serious matters. If you face this situation, contact the Blanch Law Firm today to schedule an initial consultation.
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