Law Office of Jeffrey W. Johnson
Law Office of Jeffrey W. Johnson
  • 36 Richmond Terrace
    Suite 118
    Staten Island, NY 10301
  • Call Now For A Free Consultation!

    (718) 557-9767

    We Have A Sliding Fee Scale!

Your Child And The Law: Steps To Take When Your Child Is Accused Of A Crime In New York

  • By: Jeffrey Johnson, Esq.
  • Published: October 9, 2024

No parent wants to be woken by a call or a police officer knocking on their door to let them know their child has been arrested. However, if your child is accused of a crime and taken away by the police, it is important for you to know what to do and what to expect. This article explains what you need to know if your child is arrested, including: 

  • The first thing you should do if your child is arrested or accused of a crime. 
  • How to protect your child during police questioning in New York. 
  • What to expect from the Juvenile justice system, including the initial hearing and bail options. 

What Is The First Thing A Parent Should Do If Their Child Is Accused Of A Crime In New York?

Juvenile cases usually start with your child being arrested or taken into custody by the police. You should know that your child has the same Miranda rights as any arrested adult, so they do not have to speak to the police and have the right to request a lawyer. They also have an additional right: to have you, their parents, with them during questioning.

Therefore, if your child is being questioned by the police, as parents, you should assert your right to be present during the questioning, and, if you can afford a lawyer, call one as soon as possible.

If your child is charged with an offense, their case will be filed in family court, and they will be served with the petition outlining the charges and when to show up in court. Upon appearing on the court date, either the child or their guardian can request a lawyer to represent them. You should absolutely do so. 

You may be entitled to a free lawyer, depending on your finances. If not, or if you are not satisfied with the appointed lawyer, you have the right to hire a lawyer. The case should not proceed until the lawyer or lawyers are appointed for the child.

How Do You Protect Your Child’s Rights During Police Questioning In New York?

You should always demand to be present during any questioning of your child. Normally, the police won’t question a child without parents being present, but you can never be sure and should demand to be present. 

Once you are, any lawyer will tell you to tell your child not to answer questions from the police without a lawyer present. There is no real advantage to answering questions, and law enforcement will try to use anything you say against you. 

The best course of action? Hire a lawyer or request for one to be appointed to advise your child before answering anything. 

What Should You Expect During Your Child’s Initial Court Appearance?

During the initial court appearance, the judge will ask the law enforcement agency what they are seeking. Depending on the severity of the case, they will either seek a return of the child to their family or order a full remand, which means putting your child in juvenile detention until their case is heard. The case will go in two different directions there.

If your child is being released into your custody, not much will happen on the first court date. If you have not hired one yet, a lawyer will be assigned to appear for your child. There may also be an order of protection entered that says your child cannot contact or be around the victim, sometimes also witnesses. It is likely that a curfew and an order that they attend school will be imposed as well. 

On the other hand, if a remand is sought, then your child is entitled to a probable cause hearing. At this hearing, the law enforcement agency will have to prove that they have probable cause, which is basically a reasonable basis for arresting the child and charging them with a crime.

If the court finds that probable cause is established, then the family court judge must decide whether or not to remand the child. Just because the agency asks for remand does not mean the court has to do that. They have to balance the rights of the community against the rights of the child, and they are obligated to seek the least restrictive alternative. In other words, if there is a way to return the child to the family without endangering the community, then the court must try it. 

Nevertheless, if the court finds that it is not appropriate or possible to return your child to your care or if you refuse to take them back, the court will remand the child to either a non secure or secure detention center.

How Does The Bail Process Work For Juveniles In New York?

There is no bail for juveniles in New York. If the court decides to detain your child, there is no amount of money that can be paid to get them out. 

Once the court has made a decision your child is at risk of re-offending or not appearing, they will make sure they are detained for the duration of the trial. If the state is not willing to give them immunity, or you, as parents, are not willing to take the child back, they will be remanded. 

Fortunately, this is rare, and most of the time, you will get your child back without paying a cent. 

Are There Any Special Legal Considerations For Juveniles Accused Of Crimes In Staten Island Compared To Other New York Boroughs?

No, the law in New York City is uniform for its five boroughs, and Staten Island is one of them. The law applies to everybody equally. 

How Do Plea Bargains Work In Juvenile Cases?

Plea bargaining in juvenile cases works the same as in criminal cases. If the law enforcement agency and your child or their attorney can come to an agreement and the judge approves it, then the plea bargain is accepted. 

There is, however, less room for negotiation in juvenile cases because you are dealing with much shorter periods of detention. You’re not looking at 5, 10, 15, 20 years where there is a lot of room for bargaining down the sentence. Your child is looking at one to eighteen months, three years, or 36 months at the very most. 

In general, the plea bargain will come down to whether you can get a remand reduced to probation, and so forth. Only an experienced defense lawyer with juvenile court cases under their belt is likely to know what is possible and whether to accept a given deal. 

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 (718) 557-9767 today.

Accessibility Accessibility
× Accessibility Menu CTRL+U