When someone who is under the age of 16 commits a crime in New York State, they will be tried as a juvenile. These cases are notoriously complex, as the direction the legal process will take largely depends on the circumstances of the alleged crime. Our firm has helped countless juveniles and their parents through every step of the legal process in the past, and we know we have what it takes to effectively do the same for you. Please continue reading and reach out to our experienced Rockland County criminal defense attorney to learn more about juvenile crimes and how our firm can help your child fight the legal consequences of one. Here are some of the questions you may have:
How are juvenile cases handled in New York State?
Juvenile crimes are not handled in the same way as adult cases. For example, to start, once law enforcement details a juvenile for an alleged crime, a prosecutor will file a petition against the child that includes the specifics of the crime that the child allegedly committed. From here, the family court will conduct a fact-finding hearing. A jury is not present at this hearing, and if the judge determines that there is not sufficient evidence to support the alleged crime, he or she will most likely drop the case. However, if the judge determines there is sufficient evidence, he or she will investigate the juvenile’s overall disposition by obtaining school records, criminal records, and potential testimony from others who know the child. The court may even order a mental health evaluation of your child. From here, the court will decide whether your child will be detained or released into your custody until they decide whether your child is guilty and considered a “delinquent.”
Can a juvenile be tried as an adult in New York State?
In many cases, the answer to this question is yes. In fact, children as young as 13 years old can be tried as adults if they are accused of committing particularly heinous crimes, usually involving acts of violence. If your child is charged with any of the following crimes, his or her case may be waived up to criminal court:
That being said, with an experienced attorney at your side, your child may have a shot at having his or her case waived back down to Family Court with a reverse waiver. Our firm is here to help you and your child today–all you have to do is ask.
Contact our experienced Rockland County firm
Those facing criminal charges in New York need a strong Rockland County defense attorney who knows the ins and outs of the criminal justice system. Fortunately, our firm is ready to put over 30 years of experience to work for you. Call today or contact The Law Office of Carl Spector online to schedule a free confidential consultation. We are ready to help you go on living life positively, happily, and free from the burdens of a criminal conviction–all you have to do is ask.