When someone is accused of a crime in New York, the legal process they face can vary significantly depending on whether they are a juvenile or an adult. This difference stems from the state’s distinct approaches to juvenile and adult criminal proceedings. Understanding these differences is crucial, especially for parents and guardians of minors, as well as for individuals who may be charged with a crime. New York’s legal system has specific processes and protections in place for juveniles, aiming to rehabilitate rather than merely punish.
Arthur Pressman focuses in the areas of DWI, traffic law and criminal defense.
The Juvenile Justice System
In New York, a juvenile is defined as an individual under the age of 18. The state recognizes that young people are still developing, both mentally and emotionally, and thus should not be treated the same as adults. The primary goal of the juvenile justice system is rehabilitation. Juveniles are encouraged to take responsibility for their actions and make positive changes in their lives. This philosophy is reflected in the various procedures and outcomes associated with juvenile criminal proceedings.
One of the most notable differences between juvenile and adult criminal proceedings in New York is how cases are initiated and handled. Juvenile cases typically begin when a police officer takes a minor into custody. The officer may release the juvenile to their parents or guardians with a warning, refer them to a diversion program, or file a petition in family court. In contrast, adults are usually arrested and charged in criminal court, where the focus is more on determining guilt and administering punishment.
The setting of the court itself differs as well. Juvenile cases are heard in family court, which is a more informal and private setting compared to adult criminal court. Family court aims to protect the privacy of the juvenile and their family, whereas adult criminal court proceedings are generally open to the public. This privacy allows for a more supportive environment where the focus is on helping the juvenile rather than stigmatizing them.
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Another key difference lies in the terminology used in juvenile proceedings. In family court, juveniles are not “charged” with crimes. Instead, they are the subject of a “petition” alleging delinquent behavior. The term “delinquent” is used instead of “guilty,” and the focus is on the behavior rather than the individual. This language reflects the system’s rehabilitative approach, aiming to address and correct the behavior without labeling the juvenile as a criminal.
The process of adjudication in juvenile cases also differs significantly from adult criminal trials. Juvenile adjudications are conducted without a jury. Instead, a family court judge hears the case and makes a determination. The absence of a jury in juvenile cases allows for a more individualized and flexible approach to justice, where the judge can consider the unique circumstances of each case. In adult criminal proceedings, a defendant has the right to a trial by jury, where peers determine guilt or innocence.
Possible Consequences of Juvenile Convictions
The outcomes and consequences of juvenile and adult criminal proceedings further highlight the differences between the two systems. In juvenile cases, the emphasis is on rehabilitation and providing support to help the minor avoid future delinquency. Possible outcomes in juvenile cases include probation, counseling, community service, or placement in a juvenile facility. These measures are designed to guide the juvenile toward positive development and reintegration into society.
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In contrast, adult criminal proceedings focus more on punishment and deterrence. Adults found guilty of crimes may face incarceration, fines, and other penalties. The criminal record resulting from an adult conviction can have long-lasting effects on an individual’s life, including difficulties in finding employment, housing, and education opportunities. Juvenile records, on the other hand, are typically sealed, meaning they are not accessible to the public. This sealing process helps juveniles avoid the long-term stigma associated with a criminal record, allowing them to move forward with their lives more easily.
Tried as Adults
One important consideration in New York is the possibility of juveniles being tried as adults. While the juvenile justice system generally handles cases involving minors, certain serious offenses may result in the juvenile being tried in adult court. Factors such as the age of the juvenile, the nature of the offense, and the juvenile’s prior record can influence this decision. When a juvenile is tried as an adult, they face the same potential penalties as an adult, including the possibility of a lengthy prison sentence.
The Role of Family and Guardians
The support and involvement of parents or guardians in juvenile proceedings is another distinctive feature. In family court, parents or guardians are usually required to attend hearings and are encouraged to be actively involved in their child’s rehabilitation process. This involvement underscores the system’s focus on providing a supportive environment for the juvenile’s growth and development. In adult criminal proceedings, while family support can be beneficial, it is not a mandated part of the process.
The Role of Legal Representation
Legal representation also plays a crucial role in both juvenile and adult proceedings. Juveniles have the right to an attorney, and if they cannot afford one, the court will appoint a lawyer to represent them. It is vital for juveniles to have legal representation to ensure their rights are protected and to navigate the complexities of the family court system. Similarly, adults facing criminal charges have the right to an attorney, and the court will appoint one if they cannot afford legal counsel.
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A Focus on Rehabilitation
The focus on rehabilitation in the juvenile system is further supported by various programs and services aimed at addressing the underlying issues contributing to delinquent behavior. These programs may include educational and vocational training, substance abuse treatment, mental health services, and family counseling. The goal is to provide juveniles with the tools and support they need to make positive changes in their lives and reduce the likelihood of reoffending.
Contact Us Today
If you or someone you know is facing juvenile or adult criminal proceedings in New York, it is essential to seek experienced legal guidance. At Arthur L. Pressman, Attorney at Law, we are dedicated to providing comprehensive legal support to navigate these complex processes. Our commitment to protecting your rights and achieving the best possible outcome for your case is unwavering. Contact us today to discuss your situation and learn how we can help you through this challenging time.