Individuals who are between the ages of 7 and 19 who are being charged with a crime will typically have their case handled in family court, as opposed to municipal or criminal court. However, juvenile crimes can still result in severe consequences. If you are a parent whose child is facing criminal charges, continue reading and reach out to our experienced criminal defense attorney to learn how we can assist you with the legal process ahead. We are prepared to fight for your child’s rights. Continue reading to learn what happens when a juvenile is charged with a crime in New York and if it is possible for a juvenile to be tried as an adult in New York.
The first step that will occur when a juvenile is charged with a crime is that they will be detained. Next, the presentment agent will file a petition against the minor where the details of the crime will be listed. If the judge finds a lack of supporting evidence in the case, it will be dismissed. There will not be a jury present.
However, if the evidence of a crime is present, the judge will schedule a dispositional hearing. The probation department will investigate the child’s behavior in school and at home. It is possible that the child may be subjected to an evaluation by mental health services by the city. Leading up to the dispositional hearing, the child will either be detained or paroled into the parent’s custody. The judge will determine whether the child is considered a delinquent at the hearing. If this is determined, the child may have to be supervised, subject to confinement, or required to attend treatment.
When a 13 to 15-year-old commits a crime of a particularly heinous nature, there may be waived up to criminal court. Individuals who are 17 ad 19 can be tried as adults. Crimes that often constitute waivers for minors include the following:
If you are a parent of a juvenile who is being charged with a crime, it is essential that you retain the services of an experienced and understanding criminals defense attorney who will work to fight these charges. Give our firm a call today to learn more.
Kevin T. Conway has over 30 years of experience as a Spring Valley criminal attorney handling DUI, DWI, traffic violations, violent crimes, sex crimes, illegal gun possession, shoplifting, and juvenile crimes. Attorney Conway is also experienced in commercial law matters, zoning law, and estate planning. If you need a Rockland County criminal lawyer, contact our Spring Valley office for a free consultation.