Juvenile Criminal Attorney in New York

24/7 Guidance After a Child’s Arrest or Criminal Accusation

A young person’s age, the alleged offense, and the court where the case begins can shape every stage of a New York proceeding. Before a child answers substantive questions from law enforcement, parents should seek guidance about the child’s rights, possible detention, and next court appearance. An accusation can also affect school, family relationships, court obligations, and future record concerns.

At Barket Epstein Kearon Aldea & LoTurco, LLP, we handle criminal defense matters through thorough investigation and strategic preparation. We answer calls 24/7 so families can get timely information about an arrest, investigation, Family Court petition, or Youth Part case.

Juvenile Delinquency Proceedings in New York Family Court

Juvenile delinquency generally concerns conduct by a child at least 12 and under 16 that would constitute a crime if committed by an adult, with limited exceptions involving younger children. Certain cases involving 16- and 17-year-olds may also reach Family Court after transfer. These cases differ from PINS proceedings, which address a Person in Need of Supervision and aren’t criminal accusations.

The presentment agency must prove juvenile delinquency allegations beyond a reasonable doubt. Depending on the facts and procedural stage, possible responses may include adjustment or diversion, probation, conditional discharge, services, or placement. Serious allegations involving younger children may instead raise juvenile offender issues in criminal court.

Our team includes former prosecutors, former public defenders, and former Nassau County Court Judge David J. Ayres. Together, our attorneys bring more than 200 years of legal experience and have handled thousands of criminal defense cases.

New York Raise the Age Law & Youth Part Cases

Under New York’s Raise the Age law, 16- and 17-year-olds charged with felonies generally begin as adolescent offenders in the Youth Part. A Family Court judge presides over this criminal court part. The accusatory instrument, alleged facts, prior history, and statutory transfer rules all require careful review.

Nonviolent felony cases are generally subject to transfer unless the District Attorney seeks to prevent removal based on extraordinary circumstances. Violent felony cases may also qualify, but allegations involving a firearm or deadly weapon, significant physical injury, or unlawful sexual conduct can affect the analysis. Vehicle and Traffic Law misdemeanors aren’t transferable through the adolescent offender process.

Transfer isn’t automatic, and the procedure depends on the charge and alleged conduct. When reviewing these issues, we draw on perspectives gained from serving on both sides of the courtroom.

Youthful Offender Treatment & Record Consequences

Youthful offender treatment is a criminal court procedure that substitutes a youthful offender finding and sentence for an eligible conviction. It’s distinct from juvenile delinquency adjudication and adolescent offender classification.

Age, prior felony convictions, previous youthful offender adjudications, the charged offense, and statutory exclusions can affect eligibility. A youthful offender adjudication may provide record protections, including confidential treatment, but the court must determine whether the person and case qualify. Our attorneys include members of the New York State Association of Criminal Defense Lawyers who remain engaged with developments in criminal law.

How We Evaluate a Young Person’s Case

We examine the prosecution’s allegations alongside the circumstances that determine where and how the case proceeds. As the facts and legal options develop, we provide candid assessments and keep families informed about court dates and decisions.

Our review may address:

• Age and court classification: Whether the young person is treated as a juvenile delinquent, juvenile offender, or adolescent offender, or may qualify for youthful offender treatment.
• Evidence and police conduct: Statements, searches, identification procedures, witness credibility, digital evidence, and available video.
• Detention and release: The basis for detention, release conditions, supervision requirements, and scheduled appearances.
• Family and personal circumstances: Relevant school information, medical or mental health records, family support, and prior court history.
• Potential resolutions: Transfer, adjustment and diversion, motion practice, negotiation, a hearing, trial, or youthful offender treatment when legally available.

Parents should preserve messages, videos, school notices, police paperwork, and court documents. They should also avoid posting about the allegations or discussing disputed facts publicly, especially when a school incident or group encounter has attracted attention.

Juvenile & Adolescent Proceedings in Nassau & Suffolk Counties

Nassau County Family Court and Suffolk County Family Court hear juvenile delinquency matters. Suffolk County also identifies a Juvenile Treatment Court for certain cases involving substance use or abuse. Nassau County is among the counties authorized for Superior Court adolescent diversion parts, subject to applicable court rules and individual circumstances. The forum can affect procedure, available services, detention questions, and the issues counsel must address.

We serve families from offices in Garden City, Huntington, and Manhattan, including clients throughout Nassau County, Suffolk County, and the surrounding tri-state region.