Best Juvenile Law Lawyers in New York

About Juvenile Law in New York, United States

Juvenile Law in New York addresses the legal issues and court proceedings involving individuals under the age of 18 who are accused of violating the law or are considered in need of assistance or supervision. The juvenile justice system in New York is designed to balance public safety with rehabilitation, recognizing that minors are developmentally different from adults. The focus is to provide guidance, services, and, when necessary, appropriate consequences to help young people avoid future involvement with the criminal justice system.

Why You May Need a Lawyer

Juvenile Law matters can be complex and emotionally challenging for both the young person involved and their family. Common situations where legal assistance is necessary include:

• If your child has been arrested or charged with a crime
• When facing school disciplinary hearings or expulsion related to alleged misconduct
• If there are accusations of child neglect, abuse, or the need for a Person in Need of Supervision (PINS) petition
• When dealing with probation services or social services investigations
• If your child is being questioned by police or social workers
• For the sealing or expungement of your child’s juvenile record

A lawyer with experience in juvenile law can help protect your child’s rights, explain the legal process, negotiate with authorities, and advocate for the best possible outcome.

Local Laws Overview

New York's juvenile justice laws differ from adult criminal law in several important ways:

• Age of Jurisdiction: In New York, "juvenile delinquent" cases typically involve children ages 7 through 17. However, the "Raise the Age" law, effective since 2019, means most 16 and 17-year-olds charged with non-violent offenses are handled in Family Court, not adult criminal court.
• Family Court vs. Criminal Court: Family Court handles juvenile delinquency cases, PINS petitions, child protection, and court-ordered supervision. The goal here is primarily rehabilitation, not punishment.
• PINS Process: Person in Need of Supervision (PINS) petitions can be filed when a parent, school representative, or other agency believes a minor needs help due to repeated incorrigible or dangerous behavior.
• Detention and Placement: Juveniles may be temporarily detained while awaiting a hearing, but the court often favors releasing minors to parental or guardian supervision if possible. Placement options can include foster care, residential facilities, or specialized programs.
• Sealing and Expungement: With certain exceptions, juvenile records in New York are generally sealed and are not accessible to the public or most employers.
• Legal Representation: Every juvenile is entitled to legal representation at all stages of the process.

Frequently Asked Questions

What is considered a "juvenile" in New York State?

In New York, a juvenile usually refers to a person who is at least 7 years old but under 18. Different rules apply depending on the minor’s age and the offense.

What happens when a child is arrested in New York?

The police may take the child into custody and contact the parents or guardians. In most cases, the police or a Family Court judge will decide if the child should be released to their parents or held in detention until a court hearing.

What is a PINS petition?

A PINS petition is a request for court intervention for a minor who repeatedly does not obey parents, misses school frequently, or is otherwise beyond parental control. The goal is to provide services, not punishment.

Will my child have a criminal record?

Most juvenile delinquency records in New York are sealed and are not considered "criminal convictions." They generally cannot be seen by the public or most employers.

Can a juvenile be tried as an adult in New York?

In some serious cases, particularly involving violent felonies, minors as young as 13 can be charged as "juvenile offenders" and tried in adult court. Most cases, however, are handled in Family Court.

Are parents required to attend their child’s court hearings?

Yes, parents or guardians generally must attend all court hearings involving their child and cooperate with the court and probation officers.

What penalties can a juvenile face in Family Court?

Penalties can range from community service and counseling to probation or placement in a residential facility. The court emphasizes rehabilitation and service over punishment.

Can the court require counseling or treatment programs?

Yes, the court often orders participation in counseling, drug treatment, anger management, or other services as part of a disposition.

How can a lawyer help in a juvenile case?

A lawyer explains your rights, represents your child in hearings, negotiates with prosecutors, challenges evidence, and tries to secure alternatives to detention or placement.

How do I get my child’s juvenile record sealed or expunged?

Most juvenile records are automatically sealed when the case ends favorably. If not, you may petition the court. A lawyer can help determine what is possible for your child’s situation.

Additional Resources

If you need more information or support, the following resources can be helpful:

• New York State Unified Court System - Family Court
• Legal Aid Society Juvenile Rights Practice
• New York State Office of Children and Family Services (OCFS)
• New York Center for Juvenile Justice
• Children’s Law Center New York
• Your local county Department of Social Services

Next Steps

If you or someone you know needs legal assistance in the area of Juvenile Law:

• Contact a lawyer who focuses on juvenile or family law for an initial consultation
• Gather any paperwork or documentation related to your child’s case
• Prepare a list of questions and concerns to discuss with your lawyer
• Follow through with all court dates and appointments as required
• Consider reaching out to one of the resources listed above for additional guidance or support

Acting quickly and seeking appropriate legal help will increase the chances of a positive outcome for you and your child.