What You Need to Know About Navigating the Juvenile Delinquency Process in NYC

Yes, whenever possible before communicating with the police and or as soon as police make an arrest, it is best to speak with an attorney. An attorney will help protect your rights. For example, even if the police want to ask you questions about an incident they are investigating, you should not speak with police without first speaking with an Attorney, no matter what the police may say to convince you to talk to them.

You or your parent may contact The Legal Aid Society office in your borough to get advice about what to do.

If an arrest is unavoidable, one of our attorneys can help to navigate that process with the police.

For example, if the police are requesting that you come to the precinct, one of our Attorneys can go with you or call in advance to invoke your right to have an attorney present before any questioning or line-up.

If you do not get legal advice before an arrest is made, and you are brought to court, an Attorney will be appointed to represent you in court.

If you are arrested a few things may happen:

• You will be taken to the police You may either be released to a parent, guardian or an adult, with a ticket to appear at Family Court, or if you are an older youth (between the ages of 16 years old or under 18 years old, and arrested for a felony) you may be taken to Criminal Court.
• If you are held overnight you will be taken to a Detention facility. If you are held initially at a detention facility, you will be brought within 24 hours to Family Court or Criminal Court in the borough where you were arrested.
• If it’s a week night, weekend or holiday, and you were arrested for a misdemeanor or you are under 16 years of age, the police may bring you to 100 Centre Street in Manhattan to see a Judge. If you are 16 or older and arrested for a felony, you will be brought to criminal court.
• If you are 16 or 17 years old and charged with a felony, you will initially be processed just like any other adult and produced in court to see a judge within 24 hours of your arrest.
• If you are produced before a judge over the weekend, on a holiday, or after 5pm on a weeknight, you will be produced in the Criminal Court arraignment part.
• If you are produced before a judge between 9am and 5pm on Monday thru Friday, you will appear before the judge presiding in the Youth Part in the Supreme Court
• A determination will be made whether your case will continue to be heard in the Youth Part or removed to Family Court and referred to Probation for Intake.
• Your assigned attorney will explain the factors to be considered by the court. This determination will often be made at the initial appearance and in most cases no later than 30 days after that initial appearance.

At court, an intake Probation Officer (PO) will meet with you and your parent or guardian to talk about:

• The charges against you
• Family life
• Mental health history and/or needs
• School performance
• Other important information.

The intake PO will also interview the complaining witness (the person who claims you committed the offense). The intake PO will then either decide that your case is appropriate for adjustment or refer the case for investigation.

Adjustment is an early resolution of a case through the Department of Probation (DOP). Adjustment does not mean you are pleading guilty. If you successfully complete adjustment, your record will be permanently sealed.

Referral for Investigation – If your case is not appropriate for adjustment, DOP will refer the case to the NYC Law Department, Office of the Corporation Counsel (which is the prosecutor, or presentment agency in Juvenile Delinquency matters). A referral for investigation does not mean you have been found guilty or that you will even be charged with an offense.

An Assistant Corporation Counsel (ACC) will interview witnesses, examine evidence, and research the law. The ACC may ask to speak to you as well (although not about the underlying charges), but you are not required to speak to the You may receive a rescheduling notice to come back to court so the case can be fully investigated. The investigation by the ACC can lead to three possible outcomes:

• Declined – No charges will be filed in court and the case will be You will be notified of this decision, usually by mail.
• Diverted – Court intervention is avoided by connecting you a program in the Diversion does not mean you are pleading guilty. If you are not rearrested and follow the terms of the program (e.g., youth court, mediation, etc.) the case will be declined and permanently sealed.
• Filed in Court – If the ACC decides that your case is unsuitable for diversion, Corporation Counsel may pursue the case in A Notice of Intent to File will tell you the court date. You must appear in court, or a warrant may be issued for your arrest.

Petition and Initial Appearance
At the initial appearance, you will receive a copy of the petition (a legal document describing the offenses you are alleged to have committed). You have an absolute right to an attorney, known as the Attorney for Child, throughout the case. An attorney will be appointed for Parents and guardians do not have attorneys in juvenile delinquency proceedings, although the judge, Probation, the ACC, and the Attorney for Child may seek their input. The judge will decide whether you will be released to or remain in the custody of the parent(s)/legal guardian or detained.

The judge can consider the decision for you to remain at home or be in a detention facility throughout the case. It is very important for you and your parent/legal guardian be present at every court.

The judge can set conditions for release, which may include obeying curfew, attending school, attending an Alternative to Detention (ATD) program, or obeying an Order of Protection telling you to stay away from a person or

Or, the judge can order you to stay in a detention facility run by the NYC Administration for Children’s Services (ACS). Visiting and phone communication information will be provided to you at the initial

Before Fact-Finding

• Motion practice and conferences: The ACC and/or the Attorney for the Child may ask the judge for legal rulings on case proceedings and begin plea negotiations.
• Negotiations may lead to a dismissal of the case or a plea, where the child admits to one or more charges in the No plea may be reached without your consent, in consultation with your parent and your attorney.
• If you do not agree to a plea and the ACC does not agree to dismiss the case, your case will proceed to the fact-finding stage.

Fact-Finding
At this stage, usually called the trial,  the judge will hear testimony from witnesses and determine whether you committed an offense. You are presumed innocent unless and until the ACC can prove beyond a reasonable doubt that you have committed an offense. The trial may last for a few days or several months, depending on the court’s schedule and whether you are detained. If the judge finds that you committed any of the acts listed in the petition, and finds you guilty, the case will proceed to disposition. If the judge does not find that you committed any of the charged offense, your case will be dismissed and sealed.

Disposition of the Case
When the court makes a finding, the judge will order an investigation and report from Probation, which will make recommendations based on information about your family, school, and social history. The judge may also order a mental health evaluation. It is important that you cooperate with these interviews. At disposition, the judge must consider your needs and best interests as well as the safety of the community. A case may receive one of the following outcomes.

Dismissal
Even if the judge finds that you committed an offense, the judge may decide that you do not need supervision or The judge will dismiss the case, which will be immediately sealed.

Adjournment in Contemplation of Dismissal (ACD)
If you comply with court-ordered conditions for up to six months, the case will be dismissed and sealed.

Conditional Discharge (CD)
You must comply with court-ordered conditions for up to one year.

Probation
A Probation Officer and the Attorney for the Child will explain the terms of probation to you. Probation can be for up to 24 You may be required to participate in an alternative-to-placement (ATP) program, receiving therapeutic or supportive services from a community­based agency.

Placement – Removal from home

• Non-Secure Placement (NSP) – Group homes, overseen by ACS, in or near New York City.
• Limited-Secure Placement (LSP) – Residential facilities with some restrictive security features, overseen by ACS, in or near New York City.
• Secure Placement- Very restrictive facilities run by New York State and located outside of New York City. Placement in these facilities is very rare.
• Length of Placement – Up to 12 months for a misdemeanor and 18 months for a felony. You may be released to your home before the term of placement has ended, receiving aftercare services and remaining under ACS’s Secure (highly restrictive) placement may be longer.

The information in this document has been prepared by The Legal Aid Society for informational purposes only and is not legal advice. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. You should not act upon any information without retaining professional legal counsel.