The Juvenile Justice Process in New York Family Court

The juvenile justice process in New York Family Court is a structured approach to dealing with legal issues involving minors. While it shares some similarities with the adult criminal justice system, it also has its own set of procedures and goals, particularly focusing on rehabilitation and protecting the best interests of the young individuals involved. Understanding this process can be essential for families and their children as they work through the legal challenges presented when a minor is accused of delinquent behavior.

If you’re facing such a situation and need clear, professional guidance, reaching out to a skilled attorney can be a significant step in protecting your child’s rights and future. Long Island juvenile delinquency lawyer Jason Bassett can provide the necessary support and advocacy needed when handling juvenile cases in the New York Family Court system. Contact the Law Offices of Jason Bassett, P.C. at (631) 259-6060 to schedule a consultation.

Classes of Youthful Offenders in New York

In New York, young people accused of crimes are treated differently depending on their age, the seriousness of the act, and their history. The law recognizes three main categories, which are juvenile delinquent, juvenile offender, and adolescent offender.

Juvenile delinquents are children over 12 but under 18 who commit an act that would be a crime if committed by an adult. In certain cases, children as young as 7 may also fall into this category if the act is violent or serious. Their cases are handled in Family Court, not criminal court. Instead of going to adult jail, they may receive supervision, treatment, or placement through state or local services. Juvenile delinquents do not get a criminal record, and proceedings remain confidential.

Juvenile offenders are 13, 14, and 15-year-olds charged with serious or violent felonies listed under New York law. Their cases are heard in the Youth Part of the Supreme Court. A conviction can result in a permanent criminal record unless the court grants Youthful Offender status. In some situations, the case can be moved to Family Court, where the youth is treated as a juvenile delinquent.

Adolescent offenders are 16 and 17-year-olds accused of felonies. Their cases also start in the Youth Part of the Supreme Court, but many are transferred to Family Court. Once transferred, they are treated as juvenile delinquents and may access the same programs and services.

This system balances accountability with rehabilitation while recognizing the differences between youth and adults.

At What Ages Are Juveniles Accused Of Committing Crimes Sent To Family Court in New York?

The age range for juveniles sent to Family Court in New York is generally 7 through 15. 16- and 17-year-olds may begin in the Youth Part of Criminal Court as adolescent offenders, but many of their cases are transferred to Family Court. 18-year-olds are always handled in Criminal Court.

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What Is The Process For A Juvenile Arrested By The Police?

When a juvenile is arrested, the police must make a good-faith effort to contact the child’s parent or guardian. A parent must be present when a child is questioned and the parent must consent to any questioning by the police. A lawyer can also be present if they are requested to be by the child or the parent. While at the police precinct, juveniles are kept in child-only areas. Most children are released to the custody of their parents and issued a Desk Appearance Ticket, which requires them to appear in Family Court approximately one month after their arrest.

When a child is charged with a violent felony, a sex offense, or a crime against a parent, the child is handcuffed and brought to court that day or the next day for arraignment. However, children are not taken to adult jails. If a child is brought to court immediately and detained by a judge, the child is then taken to a juvenile detention facility. To speak with a top-rated Long Island juvenile delinquency lawyer, call us today at (631) 259-6060.

Can a Minor Be Questioned Without a Parent Present in New York?

In New York, minors can be questioned by law enforcement without a parent present, but specific conditions and protections are in place to safeguard their rights. When a minor is taken into custody or interrogated by the police, they are entitled to the same Miranda rights as adults. This means they must be informed of their right to remain silent, that anything they say can be used against them in court, and their right to an attorney. If a minor requests an attorney, questioning must stop until an attorney is present.

However, the absence of a parent during questioning can raise concerns about the minor’s understanding of these rights and their ability to exercise them effectively. New York law encourages the presence of a parent during such procedures to ensure that minors receive adequate support and can make informed decisions about cooperating with law enforcement. Law enforcement officers are required to make reasonable efforts to notify the parents when a minor is taken into custody or subjected to questioning.

While it is legal to question minors without a parent, law enforcement officials are generally cautious about proceeding without a parent, recognizing the potential legal challenges and the heightened need to protect the minor’s rights. Parents are encouraged to teach their children to request a lawyer immediately if they are ever in a situation where they are being questioned by the police.

How Do the Procedures for Juveniles in Family Court Compare to Those for Adults in Criminal Court?

What is a Juvenile Trial Like in New York?

In New York, a juvenile case proceeds differently from adult criminal proceedings and is formally known as a fact-finding hearing. This stage functions much like a trial, but it is conducted without a jury. Instead, a judge determines whether the allegations in the delinquency petition are proven beyond a reasonable doubt.

If a child is detained at the start of the case, the court may hold a probable cause hearing to decide whether there is sufficient legal basis to keep the child in detention while awaiting the fact-finding hearing. Unlike adult criminal court, bail is not available in Family Court. The judge must either release the child, sometimes under supervision, or order continued detention.

Prior to the fact-finding hearing, other preparatory sessions may take place, particularly concerning the evidence the presentment agency intends to introduce. The presentment agency, which is responsible for presenting the case against the juvenile, is obligated to share certain police reports and documents with the defense attorney. This disclosure is a legal requirement designed to ensure that the child’s lawyer has the necessary information to build a defense.

The absence of a jury, the prohibition of bail, and the focus on rehabilitation rather than punishment underpin the distinct nature of a juvenile trial in New York. These elements combine to create a process aimed at serving the best interests of the child while also addressing the legal dimensions of the alleged delinquent acts.

What Is The Purpose Of Not Having Jury Trials for Juveniles in Family Court?

One reason they don’t have juries for juveniles in Family Court is the impression that a jury trial might compromise the confidentiality of these cases. The overarching concern in all Family Court matters is the best interests of the child, even more so than the adjudication of guilt or innocence. It is thought that a trained judge is better equipped to make a determination as to the best interests of a child.

What Are the Alternative Sentences To Jail For Juveniles In New York?

In New York, a child found to have committed a delinquent act may face outcomes focused on supervision and rehabilitation rather than jail. The court may grant an Adjournment in Contemplation of Dismissal (ACD), which dismisses the case after six months (sometimes one year) if the child complies with conditions and avoids new offenses. Another option is a Conditional Discharge, which requires the child to stay out of trouble for up to one year, or the court may re-impose consequences. A child may also receive a period of Probation Supervision, requiring regular check-ins with a probation officer, counseling, or treatment services such as substance abuse programs. In more serious cases, the court can order placement in a non-secure or limited-secure facility run by the Office of Children and Family Services or the Administration for Children’s Services. Non-secure settings resemble a structured school environment, while limited-secure facilities are more restrictive, though still designed specifically for juveniles.

Aspect / Procedure	Juveniles in Family Court	Adults in Criminal Court
Goal / Purpose	Rehabilitation, supervision, treatment	Punishment, deterrence, retribution
Criminal Record	No permanent criminal record; cases often sealed	Convictions create permanent criminal records
Timing	Fact-finding hearing must begin within 60 days	Trials may take longer; no 60-day requirement
Jury Trials	No juries; judge decides cases	Right to trial by jury in most cases
Legal Representation	Attorney provided if family cannot afford	Public defender provided if cannot afford
Sentencing / Disposition	Probation, supervision, treatment, or placement in facility	Incarceration, fines, probation, or other punitive outcomes

Do Juvenile Convictions Automatically Drop Off Your Record Or Do They Stay On There?

If a case has gone through the juvenile system in Family Court, the matter is automatically sealed and does not appear as part of any adult criminal record.

Under What Circumstances Can A Juvenile Be Prosecuted in Adult Criminal Court?

For certain very serious charges, a child may be classified as a Juvenile Offender and prosecuted in the Youth Part of the Criminal Court. A 13-year-old charged with Murder in the Second Degree under specified circumstances may be prosecuted in this way. Children who are 14 or 15 years old may face Juvenile Offender prosecution for certain crimes, including Aggravated Sexual Abuse in the First Degree, Arson in the First or Second Degree, Assault in the First Degree, Attempted Kidnapping in the First Degree, Attempted Murder in the Second Degree, Burglary in the First or Second Degree, Criminal Possession of a Weapon in the Second Degree (if on school grounds), Criminal Sexual Act in the First Degree, Kidnapping in the First Degree, Manslaughter in the First Degree, Murder in the Second Degree, Rape in the First Degree, and Robbery in the First or Second Degree.

When During The Process Should A Parent Hire A Lawyer For Their Child?

As early as possible! The police often tell parents that the judge will assign a lawyer for their child when they go to court, and thus their child does not need an attorney while they’re interrogated. This might be in the best interests of the police, but it is certainly not in the child’s best interests. A child, just like an adult, needs an attorney at the earliest stages of a case. Children with an attorney at the very beginning have a far greater chance of never even having to go to court, and if they do end up going to court they have a much greater chance of not being convicted. Hiring an experienced attorney as soon as possible for your child can save their future.

If My Child Intends To Plead Guilty To A Minor Offense, Should I Still Hire An Attorney?

You should hire an attorney if your child has been charged with committing a crime, no matter how minor. It can make the difference between your child being incarcerated or instead going home with you.

Who is a Juvenile Delinquent?

In New York, a juvenile delinquent is a child between 7 and 15 years old who commits an act that would be a crime if committed by an adult. These cases are heard in Family Court, where the focus is on supervision, treatment, and rehabilitation. Children ages 13–15 who are charged with certain serious or violent crimes may be prosecuted as “juvenile offenders” in the Youth Part of Criminal Court. Depending on the circumstances, some of these cases may be transferred back to Family Court. Juvenile offenders face the possibility of more severe penalties than juvenile delinquents.

What is a Fact-Finding Hearing at New York Juvenile Court?

A juvenile delinquency case in New York Family Court is not handled in exactly the same way as an adult case, although the process has similarities. If the child’s lawyer cannot resolve the matter with Corporation Counsel or obtain an “adjustment” for their client, the case will proceed to a fact-finding hearing.

The New York Family Court process for fact-finding is very similar to an adult criminal trial. Both sides present evidence and witnesses, and Corporation Counsel must prove each element of the alleged offense beyond a reasonable doubt. However, there are important differences. Juvenile cases do not involve juries, only a judge presides over the hearing. Instead of deciding whether the child is “guilty” or “innocent,” the judge determines whether the allegations in the delinquency petition are proven.

For more information on juvenile offenses in New York, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling the Law Offices of Jason Bassett, P.C. at (631) 259-6060 today.