Juvenile Delinquency Procedures in Albany

Generally, the State of New York handles juvenile crimes in family court, which has jurisdiction over juvenile delinquents. Under New York Family Court Act §301.2. A juvenile delinquent is a child between 7 and 16 years of age who has committed “an act that would constitute a crime if committed by an adult.”

If a minor is taken into custody after an alleged crime, a family court judge may still release the minor to their parents or any other guardian pending a hearing, according to NYFCA §307.3. If the court orders such a release, it will likely also issue a family court appearance summons to the child and their parent or guardian. This summons obligates the child and their parents to appear at further proceedings.

Finally, a juvenile delinquent must generally go through the following hearings to determine their case: an initial hearing, a fact-finding hearing, and a disposition hearing. Anyone who needs an attorney to represent their child in any of these proceedings should contact a juvenile delinquency lawyer in Albany as soon as possible.

Initial Hearing for Juvenile Delinquents

An initial hearing is one in which the minor accused of a crime appears in family court for the first time. Under NYFCA §320.2, the initial hearing must occur within seventy-two hours if the minor is detained in custody. That same statute mandates that the court appoint the juvenile an attorney if they do not already have a lawyer. At this initial appearance, the juvenile must admit or deny each of their charges, as specified in NYFCA §321.1.

Fact-Finding Hearings

Following the initial hearing, a fact-finding hearing occurs to—as the name suggests—gather the facts surrounding the alleged crime. At the hearing, the minor may enter any evidence available in their defense, as well as rebut the evidence presented against them. NYFCA §341.2 grants the accused minor’s parents the right to be present for this process.

Under NYFCA §345.1, if the court determines that the prosecution has adequately established the alleged crime, the judge then enters an order setting forth the facts and scheduling a dispositional hearing. However, if the court determines that the prosecution has not adequately proven the crime, it would dismiss the case instead.

Dispositional Hearings

After the fact-finding hearing, if the juvenile is found at fault, the court must schedule a dispositional hearing within 50 days to determine the outcome and whether the child should be confined to a detention facility, according to NYFCA §350.1. During this hearing, the child may present evidence advocating a specific dispositional outcome, as per NYFCA §350.4.

Under NYFCA §352.2, the court may order various dispositions for the child’s case, including any of the following:

  • Ordering probation
  • Discharging the child with specific conditions
  • Confining the child to a detention facility

Given these different potential outcomes, any individual concerned about their child’s case can benefit from contacting an Albany juvenile delinquency attorney for further advice.

Retain an Albany Juvenile Delinquency Attorney with Experience in Such Cases

If your child is accused of a juvenile crime, consider hiring an attorney to represent them in their legal proceedings. Your child’s future is important. The steadfast and battle-tested legal team at Tully Rinckey PLLC is familiar with juvenile issues and juvenile delinquency cases, and we can review your child’s case and advise you on their legal options.

A qualified Albany juvenile delinquency lawyer knows how complex juvenile delinquency cases may be and how best to represent the best interests of minors in juvenile hearings. To ensure that your child has the best legal protection possible, get in touch with our firm today by calling (518) 218-7100 or emailing info@tullylegal.com.

Adoption

Birth Parents' Rights

Child Custody

Divorce

Equitable Distribution

Matrimonial Law

Marital Agreement

Marital Planning

Military Divorce

Spousal Support

TESTIMONIALS

“I was facing administrative discharge from the Navy within six months of my retirement date. I plead no-contest to a DV charge in a civilian court only to learn that the Navy viewed it as an admission of guilt which required mandatory Administrative separation. Hiring Sean Timmons was the best decision I made. He represented me at my Admin board and slaughtered the Gov. lawyer and case. He was very experienced, methodical and aggressive when he needed to be. The Gov. was out matched at every turn. Sean listened carefully to me during the case and made adjustments to quell my concerns. Being a former military lawyer, he knew the Gov. would come too strong and over confident which he planned to exploit to his advantage. This guy is a tactician! The Admin board consisted of One Senior enlisted, a Junior officer, and a Commander as board President. As a result of putting on a strong, air tight defense, we got a vote of 3-0 all in favor of retention and retirement! The board’s recommendation went to NPC for final approval and was returned with concurrence and approved retirement with full honors!!! Unbelievable!!! Sean Timmons is a lawyer you cannot afford to not have on your team!”

“They helped my brother on his military case bringing to him a positive resolution for his case. We are very pleased with their services and really like their system. Any question or any concerned, they always took care of it. I would hired this law firm again anytime I’m in need.”

J.S.

“I was in need for an attorney with a military law background to provide legal services for me. I was excited to find out that Tully Rinckey has military attorneys who had officer ranking positions! They were exactly who I needed to defend my case and had no doubt when I met with them. They represented my military case extremely well and showed the experience they had. I really do recommend them to any one who needs a military defense attorney, they do all they can for a positive outcome.”

T.T.

Under this law firm, my father found the legal representation he deserved. The lawyers at this office truly were the best in their field, helping my father maneuver through military law easily. The help we received from this law firm was truly remarkable. Thanks again for a great job defending my father and for helping our family out during a difficult time.

S.C.

I was recommended to be administratively separated under article 14-12c. The case turned out to be very complicated and frustrating. I am very grateful to have found this law firm to help me with my case. All of my calls, inquiries were returned competently and very quickly. I was always kept in the knowing of even if there hadn’t been any new updates. It truly felt and is a law firm that puts the customer’s satisfaction as his top priority. A truly client oriented and outstanding organization. Thanks for a magnificent job!”

“Nice having a team of experts in the field of military rights. Anyone who has an issue regarding their civilian employment or the military I refer to you.”

T.W.

“Thank you for all that you do for National Guard issues!”

M.H.

“I would like to express my appreciation for the great job your firm has done to get my refund from the Air Force for in correct charges of military leave while I was working as an Air Reserve technician. I had been retired for about fifteen years and had very little paperwork to support my claim. However your firm worked diligently to find all the necessary documents and negotiate a settlement. Everyone I dealt with at your firm were extremely knowledgeable, and professional. I was pleased with my results and have recommended your firm to several other former Air Reserve technicians who fell under the same situation.”

R.A.

“This is the third time that Jennifer Corcoran has represented me. The first time was approximately three years ago. My ex- husband died and I found myself in a legal battle with his ex-wife over insurance that was meant for our daughter, as agreed upon in our divorce agreement. The attorney who wrote the agreement referred me to Jen due to her experience in dealing with similar cases. When I met with Jen I knew she was the right attorney for us. She had and has a wonderful way with people, but clearly knows her business, She made me feel that our case had merit and I fully believed she would work hard for a positive outcome. The case went on for a year, and Jen always kept me informed and I never felt like my case was one of many that she was working on. She made me feel like I was important and my daughter was important. The case was finally resolved just prior to going to court. Jen was not only able to retrieve all of the funds, but she also was able to secure our legal fees from the other party. I am so thankful to Jen. My daughter now has the funds to attend college without financial worry. I know this is would not have been achieved without Jen’s hard work and dedication. Jennifer Corcoran is an accomplished attorney but she also has a way of making her clients feel important and valued.”

R.J. on partner Jennifer J. Corcoran

“Mr. Rinckey was a life saver. I really gave up that there were no lawyers out there that were familiar with military regulations. Greg was very familiar with military law and was very good keeping me informed with his phone calls with the NYARNG.”

S.D. on Managing Partner Greg Rinckey

Case Consultations


Top