In the state of New York, juveniles can be convicted of crimes. This can cause affect their lives for the rest of their lives since they may be penalized for their actions. If these children are over the age of 16, they can be tried as an adult. This can have worse effects on their life since they may be sentenced to more serious consequences. If the child was 16 or younger when the crime was committed, then they may be charged as a juvenile. When a child is defined as a “juvenile delinquent,” it means that they need supervision, treatment or confinement because it may mean that they are more dangerous than other juveniles. This title could also be attributed to the mental state of the child.
How are these cases different?
Juvenile cases are not done in a regular courtroom setting like adult cases. Instead, juvenile cases are heard in family court where a final verdict and punishment will be given to the juvenile. These cases are not in front of a jury, but only are in front of a judge. Once a juvenile is detained, a prosecutor will file a petition against the child that will include the details of the allegations that have been made against them, which can describe the crime and the seriousness of it. The family court trial is also known as a fact-finding hearing where there is a single judge. A jury does not deliberate on the case as they do in adult court. This can be to keep matters more public since it involves the identity of a minor. The judge will act and make the decisions by themselves. If they find that there is a lack of evidence, they may decide to dismiss the case and not proceed with a punishment. If they find that there is evidence to support the allegations being made, a dispositional hearing may be made. The judge may then order a probation department to investigate the juvenile’s home and school behavior. This can help determine their current state of mind and how their environment has contributed to their acts against nature.
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.