When someone is between the ages of 7 and 16 and they are charged with a crime, their case will most likely be handled in family court, as opposed to criminal or municipal court. That being said, juvenile crimes can still result in serious consequences, which is why if you are the parent of a juvenile who is facing a criminal charge, you must continue reading and speak with our knowledgeable Rockland County criminal defense attorney today to learn more about how our firm can help you through every step of the legal process going forward. Here are some of the questions you may have:
What happens if a juvenile is charged with a crime?
After being detained, the presentment agency will file a petition against the child, wherein the details of the crime will be listed and the family court will conduct a fact-finding hearing. There will not be a jury present, and as long as the judge finds a lack of supporting evidence, he will dismiss the case. That being said, if evidence of a crime is present, the judge will schedule a dispositional hearing, wherein the probation department will investigate the child’s behavior both at home and in school. Your child may even be subjected to an evaluation by the city’s mental health services. Your child will either be detailed or paroled into your custody until the dispositional hearing, and once you attend the hearing, the judge will determine whether your child is considered a “delinquent.” If he determines as much, your child may have to be supervised, attend treatment, or even be subject to confinement.
Can a juvenile be tried as an adult in New York?
In NYS, individuals who are 17 and 18 can be tried as adults, though when a 13-15-year-old commits a crime of a particularly heinous nature, there is a very good chance that the case will be waived up to criminal court, wherein the child will be charged as an adult. Some of the most common crimes that constitute waivers are:
- Serious drug offenses
- Armed robbery
The bottom line is that if you are the parent of a juvenile who is currently being charged with a crime, you must retain the services of an experienced Rockland County criminal defense attorney who can work to fight those charges to keep your child’s record clear. Our firm is ready to fight for your child’s future.
CONTACT OUR EXPERIENCED ROCKLAND COUNTY FIRM
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.