Juvenile delinquent is a term that is used rather loosely to describe a kid that gets into trouble however, it is also an actual legal term used in New York law. Its legal definition goes far deeper. There’s a lot to unravel about juvenile delinquency. Here’s where you can start.

What is the juvenile delinquency law in NY?

Under New York’s Criminal Procedure Laws, Part 3, Title U, Article 722, the procedures that govern proceedings against both juvenile and adolescent offenders are described in the following sections. 

  • 722.00 – Probation case plans
  • 722.10 – Procedure for youthful offender, privacy protocol for proceedings, accusatory instrument sealing, preliminary jury instructions
  • 722.20 – Juvenile offender felony complaint proceedings
  • 722.21 – Adolescent offender felony complaint proceedings
  • 722.22 – Motion to Remove Juvenile Offender to Family Court
  • 722.23 –Adolescent offender removal to Family Court
  • 722.24 – Applicability of chapter to actions and matters involving juvenile offenders or adolescent offenders

The New York Family Court Act, Article 3, Juvenile Delinquency Procedures is an expansive law that covers everything about juvenile delinquency from jurisdiction to court appearances to a juvenile going to trial.

Who is a juvenile delinquent?

Juvenile delinquent: A child who is older than 7 years old but younger than 18 years old and who commits an act that would be classified as a crime if an adult had committed it. A crime or case that involves a juvenile delinquent usually is not handled through the regular criminal court system but is instead handled in Family court. Juvenile delinquents also are not sent to jail as punishment for their crimes like adults. Instead, the court makes certain decisions regarding a need for treatment or supervision, or if an agency like the New York State Office of Children and Family Services or a local department of social services needs to step in.

The proceedings through Family Court regarding juveniles are confidential. In certain situations, the cases may be sealed.

What is the difference between a juvenile offender, a youthful offender, and an adolescent offender?

Children have different classifications in the court system. 

  • Juvenile Offender – A child who is 13, 14, or 15 years of age and commits a violent or serious felony offense (New York Penal Law 10.00 (18)).
    • Cases heard in the Youth Part of the County or Supreme Court but can be transferred to Family Court if the court determines that it would be in the interests of justice. At that point the child becomes a juvenile delinquent.
    • If convicted after a trial or plea have sentences that are not as severe as adults.
    • Convictions remain on their permanent criminal record but that can change if the court chooses to grant the child the status of Youth Offender.
  • Youthful Offender – A child who is at least 14 years old but younger than 19 years old and commits a crime.
    • The status of Youthful Offender is determined by the court, and it can either choose to grant or deny it.
    • Once the status of Youthful Offender is granted, that status replaces the criminal conviction.
    • As a Youthful Offender they won’t have a permanent criminal record.
  • Adolescent Offender – A child who is 16 or 17 years old and commits a felony.
    • The case is heard in the Youth Part of the County or Supreme Court but can be transferred to Family Court. If it is transferred to Family Court, the child’s status will be changed to juvenile delinquent.
    • As a juvenile delinquent the child will be eligible for access to the programs and services that all juvenile delinquents are entitled to.

What are the four main types of juvenile delinquency?

There are four types of juvenile delinquency:

  • Individual Juvenile Delinquency – A single child acting alone. Often the defense is that the child is acting out because of family problems.
  • Group-Supported Juvenile Delinquency – Several children come together and commit delinquent acts in their community or neighborhood.
  • Organized Juvenile Delinquency – An organized group with a hierarchy, much like a gang. Members encourage criminal activity and then reward those who comply.
  • Situational Juvenal Delinquency – Crimes or acts committed on a whim with little thought. Often the child has a problem with impulse control.

Are children under 12 years old not prosecuted in NY?

On January 1, 2023, a new state law went into effect in New York. This law prevents children who are younger than twelve from being arrested or prosecuted. The only exception is when the child is involved in a homicide case. They could be given the status of juvenile delinquent and referred to social services which will enter them into a differential response program. This would put them in touch with certain resources and services such as mental health care.

What behavior is illegal for juveniles in New York?

Of course, typical crimes like stealing and assault are illegal, but there are some offenses that are specifically related to juveniles in New York:

  • Violating curfew
  • Truancy
  • Underage use of alcohol
  • Running away from home
  • General ungovernability

These types of behaviors are often considered to be due to certain underlying issues: personal, community, familial, and systemic issues. This often gets them placed in certain programs and resources through the state.

What is a serious juvenile delinquent?

A serious juvenile offender has a criminal record that contains several offenses that, when combined, show that substantial harm was inflicted, or has one or more offenses that were recorded, and substantial harm was inflicted.

Is a juvenile delinquent actually “arrested” in New York?

Juvenile delinquents may be detained by police or transported by police, and they can be arrested. They go to the juvenile detention facility and the court will decide what next steps to take, whether it’s supervision, any type of treatment, or if they need to be placed through an agency like the NY State Office of Children and Family Services or the local department of social services. These arrests or detentions do not result in criminal records.

What happens after a child is arrested in NY?

If a child is arrested or picked up by police for a crime they committed, the arresting officer has several options for processing the case.

  • Release the child to the parents or a parent or legal guardian.
  • Release the child to the parents or parent or legal guardian with a Family Court Appearance Ticket.
  • Take the child to Family Court if it is open. If it isn’t they may take the child to Criminal Court.
  • Transport the child to the ACS detention center if Family Court is closed. The child may be released to parents or legal guardians if they are seen by Probation.
  • The child may remain in detention and be taken to court on the next court date.

What happens in court with a juvenile delinquent?

The prosecutor prepares and presents a petition against the child. The petition contains information on what the child is accused of doing or the crime they are accused of committing. 

At the trial (fact-finding hearing) the prosecution must prove its case by presenting evidence to substantiate its claims. The child’s attorney may present evidence, call witnesses, and cross-examine witnesses. It functions much like a criminal case.

The judge will then rule on the petition by either dismissing it if it has no merit. If it does then the judge will hand down a sentence such as remanding to the detention facility or ordering counseling, some form of medical treatment, or many other options that are designed to help children get back on track and address any underlying issues.

Does a juvenile delinquent need an attorney?

Anytime anyone goes to court, they need an attorney, and a child is no exception. Juvenile delinquents are entitled to legal counsel just like adults.

How are juvenile delinquents sentenced in New York?

Juvenile delinquents are not placed in adult jails. They do not receive the same penalties that adult offenders do, most of the time at least. Instead, the judge determines what the child needs, such as increased supervision, to be referred to an agency, or if they need treatment for some issue.

If you have a child who has been classified as a juvenile delinquent, we can help. At the Litvak Law Firm we will represent your child and ensure that his or her rights are protected. We are committed to getting the best possible outcome for every case that we’re hired to represent – and we’ll get the best possible outcome for your case too. Call 718-989-2908 today to learn more.