As a parent, there is nothing more upsetting than getting a phone call saying that your child is in custody and accused of a crime. Not only is this a horrible experience for a parent, but getting caught up in the juvenile justice system can be traumatic for your child and affect them for years to come.
If your child has been accused of a crime in Suffolk County or Nassau County, even if it is a juvenile offense, their future may be at risk. Jason Bassett, Esq. believes that a mistake made by a minor should not define him or her for the rest of their life.
With over 20 years of experience as a juvenile crime attorney and as a former prosecution lawyer in Queens, juvenile attorney Jason brings a compassionate understanding of the juvenile system from both sides of the courtroom. Juvenile law requires a unique combination of skill and empathy in order to ensure the best possible outcome for your child and your family. Taking a personalized, one-on-one approach, Jason will guide you and your family through this stressful time.
If your loved one has been accused of a crime in Nassau County, Suffolk County, or anywhere in New York, the first few hours and days are very important. During this time, it is critical to have the legal advice and counsel of an experienced juvenile delinquents defense lawyer on your side. Contact us today for a free consultation with Criminal Attorney Jason Bassett (631) 259-6060.
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In New York, juvenile law is a legal area that relates specifically to minors. Juvenile Delinquency law involves children accused of criminal behavior. Because our lawmakers believe that children have more potential for rehabilitation, they have enacted laws that treat minors differently than adults.
Crimes that are committed by children are heard in Family Court under different rules and are subject to lesser punishments with more focus on behavioral treatments than the penalties under adult criminal law. This special treatment of juveniles applies in both Suffolk County and Nassau County.
New York Family Court’s juvenile proceedings can be complicated for people who are not used to the terminology and procedures. If charges are filed against a child, the court will set up a fact-finding “hearing” which is basically the equivalent of an adult non-jury bench trial. The prosecutor has the burden of proof, just like any other trial. Typically, witnesses will be called by the prosecutor to provide testimony in support of charges. The prosecutor may present various types of physical evidence. The child’s lawyer can also cross-examine the witnesses. There will not be a jury at this fact-finding hearing, as opposed to adult criminal trials. Family Court judges will serve as both the judge and the fact-finder. The child’s guilt/innocence will remain entirely in the hands of Family Court judges.
After the fact-finding hearing is over, the judge will issue a verdict on the child’s guilt. If the judge finds the child innocent, the case is closed and the child is freed as with an adult criminal case. There are several sentencing options for juvenile justice cases. The judge can release the child if the child is in good standing, does not re-arrest, and adheres to any other conditions that they deem appropriate. Alternately, the judge might order formal probation for the child or direct the child to attend a relevant program to address his behavioral issues. Finally, the judge might order that the child is placed in a juvenile jail. This facility can be secure or non-secure.
The entire future of a child or youth who is charged with a crime is at risk when they are facing criminal charges. A child’s mistake does not have to define them forever. Contact Jason Basset, a Long Island criminal defense attorney to protect your child’s rights, future, and interests.
In accordance with New York law, if offenders between the ages of seven and sixteen have committed a crime in Suffolk County or Nassau County, it is automatically considered a juvenile offense.
If the minor is between sixteen and eighteen years old, they will be deemed an “Adolescent Offender” and the matter will start in the adult criminal system. However, in most instances, the case will be transferred to the Family Court. How the case proceeds in the Family Court system will depend on various things such as the seriousness of the charges, the age of the minor, and any prior record.
A delinquent act is anything that would be considered a criminal act in New York if it was committed by a person eighteen years or older.
Laws surrounding underage criminal cases and their related punishments on Long Island are very different from the ones used to prosecute adults. When a minor faces criminal charges in New York State, it is not considered a criminal procedure but a civil procedure. This is a very important distinction.
Consequently, the case will be heard in New York Family Court. Depending on the nature of the offense, if the juvenile is found guilty there are several possible dispositions, including probation or placement in a juvenile facility. If found innocent after a fact-finding, the matter is dismissed.
In cases, the various parties including police, prosecutors, probation officers, and judges can exercise more discretion in deciding whether or not to pursue charges in Family Court and how punishments are handed down. In situations where a minor is accused of a crime in Suffolk County and Nassau County, it is important for the family to understand that there is some latitude. It is also important to secure the representation of a New York juvenile delinquency attorney to help navigate this system. For a free consultation with former prosecutor and experienced Juvenile Attorney Jason Bassett, call us today (631) 259-6060.
Any crime that is committed by a minor will be investigated just like a crime committed by an adult. When there is probable cause, an arrest is processed. If after a fact-finding hearing the minor is found guilty beyond a reasonable doubt, then the minor is deemed to be a Juvenile Delinquent.
If your child has been arrested, the arresting police department may return him or her to your custody. You will be notified of the potential charges and be given the notice to report to the Department of Probation. At that time, you and your child will be interviewed and they will then determine if your child will be referred to the Adjustment Process (probation without formal charges) or Family Court where your child will be arraigned and formally charged.
To protect their rights and their future, your child will require the representation of an attorney in New York Family Court if a delinquency petition is filed. When this occurs, it is important to get the legal advice of an experienced criminal defense lawyer. The attorney-client relationship is very important in case of a minor being accused of a crime. Be sure to talk to an experienced criminal attorney before making any decisions, get in touch via the contact form, or call us today (631) 259-6060.
At the arraignment, the charges are presented and the attorney for the child enters a denial. Unlike adult criminal court, New York family court judges [removed “typically”] do not set bail but either release the child back to the parents’ custody or order the child held at a juvenile detention center.
There is no jury in the State of New York family court, and the judge alone will determine any matters of guilt or innocence.
If a minor is found guilty in Suffolk County or Nassau County, the case will move to a Dispositional Hearing. Here, a judge has the right to have your child placed in a detention facility for minors, order probation, or fashion some other type of sentence.
Each disposition will be different in its treatment, supervision, or rehabilitation. A lot depends on what the Court determines to be in the best interest of the minor. If you or your criminal defense lawyer disagree with the judge’s decision, you can contest it through the appeals process.
Although New York City juvenile proceedings and adult proceedings are very different, juvenile delinquency proceedings in Suffolk County and Nassau County are in many ways are equivalent to being arrested and charged in court.
While the case will be handled in Family Court instead of the adult criminal justice system, the consequences of a crime can still be very serious. The minor will be adjudicated as a Juvenile Delinquent instead of being found guilty of a crime, but the gravity of this finding cannot be overstated. There are even instances where the charges are sufficiently serious that a child can be considered a Juvenile Offender and prosecuted in the adult criminal courts. Before your child faces juvenile court, it’s very important to consult with a professional criminal attorney. Call the law offices of Jason Bassett today for a consultation, or fill out the contact form on our website. We are here for you, 24 hours a day, 7 days a week.
Having the experienced representation of a juvenile delinquency defense lawyer in Suffolk County can make a case go more smoothly for your child, particularly as a first-time offender.
Having the representation of the right New York criminal attorney may
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When your child has been accused of a crime and you need an experienced defense attorney on Long Island, contact the law firm of Jason Bassett Criminal Attorney. Our lawyers are here to guide you through the process and explain your child’s rights under the law. Jason Bassett brings a unique combination of experience and expertise to juvenile law proceedings in the family courts of Suffolk County, Nassau County, and New York City.
As a parent, there are few situations more upsetting that when your child has been charged with a crime. For the child, being accused of a crime and being put through the juvenile justice system can be traumatic. In New York, criminal matters involving children between the ages of 7 and 18 are usually handled in Family Court. Call to speak with Jason now at (631) 259-6060.