The Juvenile Justice Process in New York Family Court

We handle all types of juvenile cases, the most common ones being larceny, criminal mischief, assault, and sex offenses.

At What Ages Are Juveniles Accused Of Committing Crimes Sent To Family Court in New York?

The age range for juveniles sent to Family Court in New York is between 7 years old and 18 years old (16, 17, and 18 year-olds can begin in Adult Criminal Court as “Adolescent Offenders,” however most cases are transferred to Family Court).

What Is The Process For A Juvenile Arrested By The Police?

When a juvenile is arrested, the police must make a good faith effort to contact the child’s parent or guardian. A parent must be present when a child is questioned and the parent must consent to any questioning by the police. A lawyer can also be present if they are requested to be by the child or the parent. While at the police precinct, juveniles are kept in child-only areas. Most children are released to the custody of their parents and issued a Desk Appearance Ticket, which requires them to appear in Family Court approximately one month after their arrest.

When a child is charged with a violent felony, a sex offense, or a crime against a parent, the child is handcuffed and brought to court that day or the next day for arraignment. However, children are not taken to adult jails. If a child is brought to court immediately and detained by a judge, then the child is taken to a juvenile detention facility.

How Do The Procedures For Juveniles In Family Court Compare To Those in For Adults in Criminal Court?

The goal of the juvenile justice system in Family Court in New York is to provide treatment and probation supervision for children in need, along with confinement if necessary. Unlike adults convicted of committing criminal offenses, children do not leave the juvenile justice system with a criminal record. The juvenile justice system in Family Court has many of the same procedures as those found in the adult justice system in New York. Lawyers are also required to defend children in the juvenile justice system. Unlike in Adult Criminal Court, cases involving juvenile offenders in Family Court must be handled within 60 days of an arraignment. Perhaps the single biggest difference from Adult Criminal Court is that there are no juries in Family Court and thus all cases are decided by a judge.

What Is The Purpose Of Not Having Jury Trials for Juveniles in Family Court?

One reason they don’t have juries for juveniles in Family Court is the impression that a jury trial might compromise the confidentiality of these cases. The overarching concern in all Family Court matters is the best interests of the child, even more so than the adjudication of guilt or innocence. It is thought that a trained judge is better equipped to make a determination as to the best interests of a child.

What Are the Alternative Sentences To Jail For Juveniles In New York?

In New York, a child found to be responsible for a crime can be granted what’s known as an Adjournment in Contemplation of Dismissal, which dismisses the case after six months of good behavior. The child can be given a Conditional Discharge, which requires the child to stay out of trouble for one year or face re-sentencing. A child can receive a period of Probation Supervision, during which the child must report to a probation officer, undergo psychological treatment, and, if necessary, receive drug and alcohol addiction counseling. There can be a period of confinement in a juvenile detention center. Juvenile detention centers can either be non-secure, which involves a school-like setting with an open campus, or secure, which is more like a like a jail for strictly juvenile offenders.

Do Juvenile Convictions Automatically Drop Off Your Record Or Do They Stay On There?

If a case has gone through the juvenile system in Family Court, the matter is automatically sealed and does not appear as part of any adult criminal record.

Under What Circumstances Can A Juvenile Be Prosecuted in Adult Criminal Court?

For certain very serious charges, a child may be deemed a “Juvenile Offender” and prosecuted as an adult. A 13 year old child charged with Murder in the Second Degree under certain circumstances may be prosecuted in Adult Criminal Court. Children 14 or 15 years old may be prosecuted as adults under certain circumstances for the following crimes: Aggravated Sexual Abuse in the First Degree, Arson in the First Degree, Arson in the Second Degree, Assault in the First Degree, Attempted Kidnapping in the First Degree, Attempted Murder in the Second Degree, Burglary in the First Degree, Burglary in the Second Degree, Criminal Possession of a Weapon in the Second Degree (if on school grounds), Criminal Sexual Act in the First Degree, Kidnapping in the First Degree, Manslaughter in the First Degree, Murder in the Second Degree, Rape in the First Degree, Robbery in the First Degree, and Robbery in the Second Degree.

When During The Process Should A Parent Hire A Lawyer For Their Child?

As early as possible! The police often tell parents that the judge will assign a lawyer for their child when they go to court, and thus their child does not need an attorney while they’re interrogated. This might be in the bests interests of the police, but it is certainly not in the child’s best interests. A child, just like an adult, needs an attorney at the earliest stages of a case. Children with an attorney at the very beginning have a far greater chance of never even having to go to court, and if they do end up going to court they have a much greater chance of not being convicted. Hiring an experienced attorney as soon as possible for your child can save their future.

If My Child Intends To Plead Guilty To A Minor Offense, Should I Still Hire An Attorney?

You should hire an attorney if your child has been charged with committing a crime, no matter how minor. It can make the difference between your child being incarcerated or instead going home with you.

Who is a Juvenile Delinquent?

A “juvenile defendant” is a person under 16, but at least 7 years old, who has committed an offense that would be a crime if he/she were an adult. The person is then considered to be in danger of being taken into custody, treated, or monitored. A “delinquent” act is the act that was committed. Family Court hears all juvenile delinquency cases. Children aged 13-14 years may be treated as adults if they are convicted of more serious or violent crimes. These cases can be heard in Supreme Court. However, they may sometimes be transferred into the Family Court. The child can be convicted and subject to harsher penalties than a juvenile offender.

What is a Fact-Finding Hearing at New York Juvenile Court?

A juvenile delinquency case is handled in the same way as an adult case. The matter will proceed to a fact-finding hearing if the child’s lawyer cannot reach a settlement with Corporation Counsel or get an “adjustment for their client”. New York juvenile cases go through what is called a “fact-finding hearing” just like adult criminal courts.

The New York Juvenile court process for fact-finding is very similar to an adult criminal trial. Adult criminal cases are decided by either the judge or the jury. There are no juries in New York Juvenile Court cases. A judge presides over the case and determines whether the juvenile is guilty or innocent on the delinquency petition. Corporation Counsel must prove their case beyond reasonable doubt for each element of the crime, just like Criminal Court.

For more information on Juvenile Offenses In New York, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (631) 259-6060 today.

Suffolk County Criminal Lawyer | Criminal Attorney Jason Bassett Armvm_andrei https://jbassettlaw.com/the-juvenile-justice-process-in-new-york-family-court/ The Juvenile Justice Process in New York Family Court

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What is “Robbery” Under New York State Law?

Criminal terms are often used one way in common everyday language, but under the law, they can mean something different (or at least have a very specific, distinct meaning). As an experienced robbery lawyer, it is my job is to understand the legal nuances of criminal charges and what each means for you if you have been accused of a crime in New York.

What is the Difference Between Theft and Robbery in New York?

The terms “theft” and “robbery” are often used interchangeably in conversation however, they have very different legal definitions under New York law. Whereas theft means that property has been taken from a rightful owner, robbery is generally defined as the taking of property by the use of physical force or the threat of force.

Three Degrees of Robbery

Robbery is considered a felony under New York law and is broken down into three degrees, each a different level of the crime with its own punishments and consequences.

1. Robbery in the Third Degree is a class D non-violent felony and is considered the least serious form of the crime.
2. Robbery in the Second Degree is a class C violent felony and the second most serious robbery charge.
3. Robbery in the First Degree is a class B violent felony and is considered the most serious robbery charge.

While any degree of robbery is serious and carries significant prison time, Robbery in the First Degree carries the most significant penalties and can impact an individual for the rest of their lives, even if it is the first offense.

The Seriousness of a Robbery in the First Degree Charge

If you are accused of stealing from someone while using or displaying a deadly weapon or other dangerous instruments, or having caused serious physical injury while robbing someone, you will be charged with Robbery in the First Degree. As the most serious and violent of all robbery charges, it carries the most severe penalties.

For a first-time offender with no prior felony convictions, a conviction of Robbery in the First Degree will carry a minimum sentence of 5 years in state prison. Depending on the nature of a record of prior felony convictions, the minimum sentence can increase to either 8 or 10 years. Regardless of any criminal history, the maximum sentence is 25 years in state prison. In addition, the Court can order a person convicted of robbery to pay a fine and/or restitution.

Have You Been Mistakenly Identified?

Criminal prosecutors take robbery charges very seriously. Unfortunately, arrests can be riddled with mistakes. There are times when an individual is falsely accused, charged, and even convicted of robbery. This can sometimes happen even though they were never found in possession of stolen property or a weapon and do not even match the description of the robber.

Particularly when a robbery involves multiple people, the police sometimes arrest and charge someone who just happens to be in the immediate vicinity but in fact was just an innocent bystander. Further complicating matters the fact that eyewitness identifications can be highly flawed, especially in cases of robbery. A witness may mistakenly identify someone as the perpetrator of a robbery even when that person didn’t commit the crime. Mistaken identifications can lead to wrongful accusations and convictions.

Defenses

One defense to a first-degree charge of robbery would be that you did not possess a deadly weapon or dangerous instrument. The statute provides very clear definitions of deadly weapons and dangerous tools. A prosecutor may find it difficult to convince the court that a weapon is dangerous or deathly if the victim was threatened by a non-serrated dull-edged knife. But, even if the victim is convinced that you have a deadly tool, they could still be prosecuted.

Sentence

Robbery of the first degree, a class B felon, is subject to a maximum 25-year sentence. The judge will consider your prior criminal records and any aggravating, or mitigating aspects of your robbery. A judge may still sentence you to 5 years imprisonment even if you have not been convicted of any offenses in your past. Because assault in the first degree is also a violent felony, A court must sentence you to at minimum 8 years if your classification is non-violent. You will not be allowed to be convicted if your classification is violent.

Related Collateral And Offenses Issues

A misunderstanding that becomes physical can lead to a misdemeanor theft offense like Petit Larceny becoming a felony Robbery. However, skilled criminal lawyers representing clients in such arrests routinely find clients facing additional charges, including assault, Grand Larceny, and Criminal Possession of Stolen Property.

No matter what degree of robbery you have been charged with, it is an extremely serious charge and can carry prison time. If you have been charged with robbery in New York, you need a skilled robbery lawyer to ensure that you get an experienced and talented legal defense. Contact the law firm of Jason Bassett Criminal Attorney for a free consultation to understand your legal rights.

Suffolk County Criminal Lawyer | Criminal Attorney Jason Bassett Armvm_andrei https://jbassettlaw.com/what-is-robbery-under-new-york-state-law/ What is “Robbery” Under New York State Law?

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Should I Hire An Attorney If I Am A Medical Professional Under Investigation For Wrongdoing?

Being a licensed medical professional in New York State requires one to follow professional practices, as defined by a variety of state laws and regulations. Failure to meet these professional requirements is considered professional misconduct and proven professional misconduct may result in disciplinary action, which can even include the suspension or revocation of one’s license to practice.

Disciplinary actions can damage or even ruin a medical professional’s career, so it is imperative to hire an Experienced Attorney the moment they are aware that any investigation has begun. No medical professional should ever speak to any investigator without proper legal representation. An Experienced Attorney will protect their rights and fight for their ability to continue in their chosen profession. Medical professionals sometimes worry that hiring a lawyer will make them “look guilty.” Any agency investigating medical professionals understands that any party accused of wrongdoing has a right to representation. They will not assume guilt just because a lawyer has been hired. What hiring an Experienced Attorney like Jason Bassett, Esq. does is to put them on notice that you aren’t going to be pushed around and they cannot take advantage of you. The most important thing is that your rights and your career are protected, and this can only be done by an Attorney with experience in this unique area of the law.

Does Your Firm Defend Me On Criminal Charges As Well As Defending Me At A Medical Licensing Hearing?

The Law Offices of Jason Bassett, P.C. provides aggressive defense against all manner of criminal charges that a medical professional might face while also representing them before the Office of Professional Medical Conduct or the Office of Professional Discipline. It is vitally important to have an attorney with experience and expertise in both criminal defense and defense at professional licensure hearings in order to fully protect a medical professional’s rights and career. Jason Bassett, Esq., a former Special Assistant Attorney General in the Medicaid Fraud Control Unit, is thoroughly familiar with how a criminal matter can affect a medical license and vice versa.

What Does The OPMC Do If A Physician Is Convicted Of A Crime In New York?

The OPMC refers to post-conviction disciplinary proceedings as “direct referral” hearings. This is because they are based on a direct referral by the Clerk of the Court from the Department of Health that a doctor has been convicted of an offense. The physician may not contest a criminal conviction in a direct reference proceeding. The only issue that the OPMC Hearing Committee will have to resolve is what punishment the physician should receive.

A physician should immediately hire an experienced attorney who is best qualified to advise the physician on ways to reduce the record in front of the OPMC Hearing Committee. The attorney may be able to advise the physician on the best steps that the doctor can take in order to demonstrate to the OPMC Hearing Committee they have accepted responsibility for their actions and is actively involved in rehabilitation. Rehabilitation and repentance are essential elements of a direct referral defense. They could save a physician’s license.

Should A New York Physician Attend An OPMC Interview?

Once the report is available, the OPMC invites the physician for an interview about the investigation. While the doctor has the right not to accept an interview, the law demands that the OPMC allow the physician to be interviewed. Physicians can make the biggest misconceptions in OPMC investigations.

Only after a case has been investigated thoroughly will the OPMC conduct interviews. After thoroughly investigating the case, the OPMC will review the records of the doctor, interview patients, and consult experts in the targeted physician’s area. The interview is often the final step before an Investigation Committee (IC) presents the case. The IC acts as an administrative equivalent of a grand jury. The IC is the administrative equivalent of a grand jury. It decides if sufficient evidence exists to bring against a doctor formal charges for professional misconduct.

For more information on Defense of Medical Professionals In New York, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (631) 259-6060 today.

Suffolk County Criminal Lawyer | Criminal Attorney Jason Bassett Armvm_andrei https://jbassettlaw.com/should-i-hire-an-attorney-if-i-am-a-medical-professional-under-investigation-for-wrongdoing/ Should I Hire An Attorney If I Am A Medical Professional Under Investigation For Wrongdoing?

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Federal Criminal Cases vs. State Criminal Cases

What Is The Difference Between Being Charged With A Federal Crime As Opposed To A State Crime?

The penalties and possible sentences for federal crimes are much more severe than what one will typically face under state law. Federal law also has significantly different legal procedures and one needs an experienced attorney who has experience in federal court to navigate this complicated system.

What Happens After I Have Been Arrested And Charged With A Federal Crime?

Very often, when someone is arrested in federal court, it is the result of a federal agent having secured an arrest warrant and made the arrest pursuant to that warrant. This is unlike most state arrests where the officer will arrest someone after observing them commit a crime. Once someone is arrested in the federal system, that defendant has to be brought before a magistrate judge without unnecessary delay. Once at the federal courthouse, the arresting agents bring the defendant to the U.S. Marshals Service and the deputy marshals will allow the individual to speak to their attorney if they already have one.

A pretrial services officer will speak to the defendant prior to the defendant’s appearance in court and that officer prepares a report which includes a bail recommendation. The report is made available to defense counsel in the courtroom. Once in the courtroom, the defendant and their attorney will review the complaint and the pretrial services report. The defendant is advised of what the charges are against them but they do not enter a plea at this time and bail conditions are set. The final matter that arises during this first court appearance is the question of scheduling what’s called a “preliminary hearing” or a “probable cause determination.” The defendant is entitled to this hearing and it has to be held within 14 days of the defendant going into custody and or within 20 days if the magistrate judge releases the defendant.

Should I Try To Work With Federal Authorities In My Federal Criminal Case?

Whether it be in federal court or state court, you should only be speaking to the authorities with your attorney involved every step of the way. It’s a very fact-specific determination whether or not you should try to work with the authorities in your case. Under the right circumstances, cooperating with the authorities can be to person’s advantage. If one eventually pleads guilty to a federal crime, one of the things considered at sentencing is any cooperation that the defendant has provided to the government.

How Do Sentencing Guidelines Work In Federal Court? Am I Ever Eligible For Probation?

The Federal Sentencing Guidelines are extremely complex and arcane. They are probably the single biggest difference between practicing in state court and federal court. They are one of the biggest reasons why one needs an experienced federal criminal practitioner who fully understands how these guidelines work. Entire books and manuals are published on how to interpret the guidelines. A federal judge is not strictly bound by the guidelines but does take them into account at sentencing. In terms of probation, it’s less common in federal court than it is in a state court but, for certain offenses, probation can be available.

Why Do I Need An Attorney Who Specifically Handles Federal Criminal Cases?

One would be mistaken if they believed that the practice of criminal law is the same at the State and Federal levels. At the Federal level, law enforcement are generally better trained, better funded, and when they bring charges, they have already been observing the individual and building their case for a period of time. There are important differences in the legal procedures in Federal Court with which a lawyer who has only practiced in state court may not be familiar. In addition, the Federal Sentencing Guidelines are very complex and are very difficult to interpret without experience. The federal criminal justice system entails much longer sentences and you need an attorney who has experience in this area and is ready to take on the federal government on your behalf.

For more information on Federal Criminal Cases In New York, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (631) 259-6060 today.

Suffolk County Criminal Lawyer | Criminal Attorney Jason Bassett Armvm_andrei https://jbassettlaw.com/federal-criminal-cases-vs-state-criminal-cases/ Federal Criminal Cases vs. State Criminal Cases

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What is Resisting Arrest?

Resisting arrest is a crime. That means that even if the arrest was for something that you did not do, merely resisting means that you can be charged with resisting arrest as a separate crime. Consequently, it’s never in someone’s best interests to resist an arrest or someone else’s arrest, no matter the circumstances.

What is Legally Considered Resisting Arrest?

Under New York Penal Law 205.30, you can be found guilty of resisting arrest if you intentionally prevent or attempt to prevent a police officer or peace officer from effecting an authorized arrest of yourself or of another person. Even when you did not commit the crime you are being arrested for, resisting arrest on its own is a crime in New York. 

If you are facing resisting arrest charges in New York, it is critical to get the assistance of a skilled New York criminal defense attorney to help protect your rights. 

What are the Ways that You May Be Charged With Resisting Arrest in New York?

Unfortunately, you have to do very little for a law enforcement officer to charge you with resisting arrest. 

While you have the right to verbally object to an arrest if it is not a forceful verbal objection, any physical action or refusal to do what the officer says can be considered resistance. 

Any physical movement can be interpreted as resistance, even if you don’t mean it to be, and an officer is authorized to arrest and charge you for both the crime you are suspected of as well as the resistance charge. Consequently, it is in an individual’s best interests to comply with the officer to ensure that any actions are not misinterpreted. 

What are the Penalties for Resisting Arrest in New York?

Resisting arrest is considered a Class A misdemeanor, carrying penalties of

• Up to 364 days in jail
• Probation up to 3 years
• Fines of up to $1,000

If you are convicted of resisting arrest, even if you aren’t convicted of the crime you were being arrested for, you will have a criminal record that can follow you for the rest of your life. 

Are There Defense Options For Resisting Arrest Charges?

Fortunately, your New York criminal defense attorney has several ways of defending you against charges of resisting arrest.  

• Your attorney may show that your actions had been misinterpreted by the arresting officer, not attempting to resist the arrest. 
• Your resistance was a self-defense move against the officer’s unreasonable use of force.
• The arrest was unlawful.

The defense strategy used by your attorney will vary depending on the other details of the case. 

Experienced Criminal Defense Attorneys in New York

If you have been charged with resisting arrest in New York, it is important to get the guidance of an experienced New York criminal defense lawyer to ensure that you do not find yourself facing other serious criminal charges needlessly. 
Call Jason Bassett and the criminal defense team at the Law Offices of Jason Bassett at (631) 259-6060 or contact us online for a no-cost consultation. We will help ensure that your legal rights are being protected each step of the way.

Suffolk County Criminal Lawyer | Criminal Attorney Jason Bassett Jillian_VA https://jbassettlaw.com/what-is-resisting-arrest/ What is Resisting Arrest?

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