Was Your Child Arrested for a Crime?
As a parent, you know how frightening it can be to have your child arrested
and taken into police custody. In the state of New York, any person under
the age of 18 is considered to be a juvenile and any criminal accusations
against the child will be handled by the juvenile court system. While
this justice system does handle cases involving serious crimes and offenses
in the state of New York, the main goal of the juvenile courts is to help
the minor learn from their mistakes and be released into the community
as a productive member of society.
However, some judges will look to make an example out of your child and
could potentially try them in the adult court system. If your child has
been arrested, you need to immediately contact a
Queens criminal defense attorney from the Law Office of Kevin P. O'Donnell.
Some examples of juvenile offenses that we can represent include:
We can help your child,
call (888) 715-1735 to get started.
What Happens after a Minor Gets Arrested in NY?
For most juvenile offenses that are not violent and premeditated in nature,
rehabilitation is often the appropriate course of action. The juvenile
courts operate differently than adult courts and most penalties sentenced
to minors will not extend into adulthood. Depending on the circumstances
of the arrest, an officer will either bring the child to the juvenile
holding area or release the child back to the custody of his or her parents,
pending a notice of hearing.
At the first official court hearing, known as a
fact-finding hearing, your child and his or her attorney will be present and evidence for the
arrest and charges will be presented. There are no juries involved in
juvenile cases and the sentencing is left to the discretion of the judge.
While at this hearing, you can expect the following to occur:
- The presentment agency will provide witnesses and evidence to prove their case
- The juvenile's lawyer can cross-examine the witnesses
- The juvenile defense can then provide their own witnesses and evidence
- The judge will make a 'finding' if the case is proved beyond a
- The judge will dismiss the petition
Following a fact-finding hearing, the judge will determine if there is
enough substantial evidence against the juvenile to pursue a
dispositional hearing. Also at this time, a judge will decide if a child can be released to
his or her parents to await the disposition or if he or she should stay
within the detention facility until the hearing.
The second hearing will be used to determine any penalties against the
juvenile. At this time, the child, parent and attorney will all be present.
Depending on the severity and circumstances of the case, your child may
be sent home to serve probation or spend time in a correctional facility.
In order to obtain the best possible outcome for your child's case,
it is important to speak with an experienced juvenile crime attorney.
Contact Our Office for a Free Consultation
While most juvenile crimes can be later expunged and your child's record
sealed, working with a criminal defense lawyer is often the most secure
way to protect your child's future. When you work with our team, we
will take immediate action to determine if the cause for arrest was legal
or if your child's rights were violated in any way.
As a former prosecutor, our lead attorney has a deep understanding of the
juvenile justice system and how the New York courts try minors. If your
child has been arrested, we encourage you to
contact a Queens juvenile crime lawyer from the Law Office of Kevin P. O'Donnell right away.
You can reach us at (888) 715-1735 or you can fill out a
free case evaluation form.