If your child is facing delinquency charges, our steadfast and battle-tested legal team is here to review your child’s case and advise you on their legal options. The Capital Region team of attorneys at Tully Rinckey draws from over 100 years of combined experience practicing law. Our attorneys routinely service clients throughout the Capital Region to include Albany, Schenectady, Saratoga, Rensselaer, Columbia, Warren, Schoharie and Greene counties. The team at Tully Rinckey have been representing clients in these courts for over 25 years and are highly regarded in each county court.

We know that children get in trouble and you as a parent want to protect them. We also know what the court system expects from, both children who have been charged with a juvenile delinquency crimes, and their families. What you as a parent should understand is that these issues involve your entire family. You need an attorney who understands that, and has proven experience with both court and the probation system to help bring the case to a quick and favorable resolution.

Our Capital Region Custody team is led by New York State Family & Matrimonial Practice Head Barbara King who brings over three decades of experience handling juvenile delinquency matters. Barbara likes to work with families to understand what the issues are that are underlying the circumstances that led to your child’s charges in the first place. By doing this, Barbara is able to create a comprehensive strategy and can be overly prepared to protect your child.

Michael Belsky has represented children with their juvenile delinquency matters for over 25 years in the Capital Region. Mr. Belsky brings enhanced knowledge of court proceedings and the various laws regarding these matters.

The Capital Region Juvenile Delinquency Attorneys at Tully Rinckey are readily available to handle your matter and fight on behalf of your child. To schedule an initial consultation with a member from our experienced team, contact us 24 hours a day, 7 days a week, at (888) 529-4543 or info@tullylegal.com

You can also use our secure Live Chat feature to connect with us regarding your matter. Your message will be delivered to a secured firm account with a member from our team ready to assist you.

Juvenile Delinquency Procedures

Generally, New York State 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 18 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 as soon as possible.

Juvenile Delinquency Procedures

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 the 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 a juvenile delinquency attorney for further advice.

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