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Juvenile Criminal Lawyer Talks About Juvenile Delinquency
In New York, Juvenile Criminal matters are handled by the New York Family Court. Any child under the age of 16 is considered a Juvenile. In all jurisdictions in New York City, which includes The Bronx, Brooklyn, Queens, Staten Island and Manhattan as well as Nassau County and Suffolk County, the appropriate District Attorney has discretion and can remove the Juvenile Criminal Case from Family Court and charge the Juvenile as an adult in Criminal Court. This is a rare occurrence and only happens when there are violent criminal charges such as murder, rape, a vicious assault, or hate crimes involved.
For purposes of this article we will focus on Juvenile Proceedings in the Family Court.
After a Juvenile is arrested the police generally return the child to the custody of a parent. They present the parent with a Desk Appearance Ticket or DAT which serves notice of the pending criminal charge along with the court date. On the court date the parent, the Juvenile and their Juvenile Criminal Lawyer appear before the Court for arraignment on the charge.
Unlike Criminal Court, New York Family Courts do not set bail during the arraignment. Rather, the Judge has two options. The Judge can either remand the Juvenile to a Juvenile Detention Facility or release the child in the custody of an adult. At the conclusion of the arraignment, the Judge and the Prosecutor and the New York Juvenile Lawyer will pick a date to begin the fact finding. Fact-finding begins in a Criminal Juvenile Matter when the Prosecutor and Juvenile criminal Attorney present their case to the Judge. There is no jury in Juvenile Matters. In the absence of a negotiated settlement (a plea deal) the Judge will determine the innocence or guilt of the Juvenile Defendant. At the conclusion of the fact finding if the Juvenile is found guilty the Judge will make a determination as to sentencing The options available to the Judge are very similar to that of a Criminal Court Judge. While there is no jail for a child adjudicated a Juvenile Delinquent, the Judge can "place" the juvenile. Placement is the equivalent of jail for Juveniles. The child, depending on the issues, can be placed in a variety of facilities that focus on different areas of treatment and have varying levels of confinement. The Judge can also order probation or treatment depending on the type of case. If the parents and the New York Juvenile Lawyer believe the Judge's sentence is too harsh, they have a right to request a dispositional hearing to contest the sentencing. At the hearing the Juvenile Criminal Lawyer can present evidence and witnesses to change the Judge's mind.
If you have a Juvenile that has been arrested as in need of a Juvenile Criminal Lawyer, the law office of Stephen Bilkis & Associates, PLLC has experienced and skilled Juvenile Defense Lawyers who are available throughout New York City and the boroughs including Brooklyn, The Bronx, Staten Island, Queens and Manhattan as well as Long Island, Nassau and Suffolk Counties. We offer a free consultation at our convenient locations. Call us at 1.800.NY.NY.LAW.