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.
