Westchester Juvenile Defense Lawyer
Juvenile delinquency refers to the participation of minors in illegal behavior. Minors are considered to be people under the statutory majority age. In the United States, the majority age is 18 years old in most states. In Alabama and Nebraska, the majority age is 19 years old; in Wisconsin, Texas, New Hampshire, North Carolina, Missouri, Michigan, New York, and Georgia, the majority age is 17 years old.
There are three main types of juvenile delinquency. These categories encompass most offenses:
- Crimes that have been committed by a minor, which are tried and dealt with through a juvenile court and juvenile justice system
- Criminal behavior and crimes dealt with through a criminal justice system
- Status offenses, which only exist because the person in question is a minor, tried and dealt with through juvenile court
One example of a status offense is truancy.
Juvenile delinquency can often be predicted due to the parenting style of the minor or the minor’s peer group association. When a parent is neglectful or overly indulgent and fails to impose behavioral consequences, children are more likely to engage in illegal behaviors because they do not have a developed understanding of consequences. On the opposite end of the spectrum, authoritarian parenting and unfairly strict households can cause children to act out because of repression. If a child associates with an antisocial peer group, especially if they’re unsupervised in their adolescence, they will be more likely to engage in illegal behavior.
Teenagers from poor socioeconomic backgrounds are more likely to become juvenile delinquents. Other risk factors include peer rejection, ADHD, and poor performance in school. Biological factors might also play a part, such as high serotonin levels or a low resting heart rate. When high serotonin is at play, people experience increased impulsiveness and temper.
There are behavioral and psychological risk factors at an individual level as well. These might include a lack of empathy, restlessness, impulsiveness, and low intelligence.
The juvenile court system functions very differently from the adult court system. Juvenile courts function with their own terminology, politics, practices, and customs. The delivery systems for juvenile courts will vary widely depending on the state you’re in.
A juvenile defense attorney will represent a child in court. Juvenile defense attorneys serve an important role because they help protect the child against law enforcement and an eager prosecution. The juvenile court system can be overwhelming and stressful, especially when a child is facing severe consequences.
Legally speaking, a juvenile defense attorney works for the accused child rather than the entire family. But defense attorneys and families often find that working together is the best way to come to a solution. In many ways, a juvenile defense attorney can help a child’s family understand the flow of the court system. They can also teach families how to advocate for their children. Juvenile defense attorneys are powerful forces for children.
In a delinquency case, both parents and youth often have a preconceived notion of what exactly the attorney’s role is. This idea might not reflect the ethical and legal responsibilities of the defender. Also, parental ideas for defense might differ from the child’s ideas. All involved ideas might be different from those being presented by the police and prosecution. A juvenile defense attorney must handle these competing factors with skill and dexterity.
The defense attorney will go over the facts of the case with the child, and possibly with their family. They will explain the options that are available going forward. They will also represent the child’s interests during the negotiations and potential trial proceedings. The goal of the defense attorney is to work for the benefit of the child.
Many parts of the juvenile court system exist to discourage juveniles from repeat offenses. This often includes rehabilitative measures and professional intervention. Defense attorneys can provide the child with the resources they need to avoid further offenses in the future.
Can a criminal case be removed from criminal court to juvenile court in New York
Where a defendant’s a juvenile offender who doesn’t stand convicted of murder in the second degree, on motion and with the consent of the DA, the action can be removed to the family court in the interests of justice. If the DA consents to the motion for removal, he or she will file a subscribed memorandum with the court setting forth a recommendation that the interests of justice would best be served by removal of the action to the family court, and if the conviction’s of a certain offense, specific factors, one or more of which reasonably support the recommendation, showing some mitigating circumstances that bear directly on the manner in which the crime was committed, or where the defendant wasn’t the sole participant in the crime, that the defendant’s participation was considered relatively minor although not so minor as to constitute a defense to prosecution, or where the juvenile offender has no previous adjudications of having committed a designated felony act, regardless of the age of the offender at the time of commission of the act, that the criminal act wasn’t part of a pattern of criminal behavior and, in view of the history of the offender, isn’t likely to be repeated.
If the court’s of the opinion, based on the specific factors set forth in the DA’s memorandum, that the interests of justice would best be served by removal of the action to family court, the verdict will be set aside and a plea of guilty of a crime or act that the defendant’s not criminally responsible for can be entered. On accepting any plea like this, the court has to specify on the record the portion/portions of the DA’s statement the court’s relying on as the basis of its opinion and that it believes the interests of justice would best be served by removal of the proceeding to family court. Such a plea will then be deemed to be a juvenile delinquency fact determination, and then the court on entering this must direct that the action be removed to family court.
Legal Grounds for Filing A Motion to Set Aside Verdict
At any time after rendering a verdict of guilty and before the sentence, the court can, on motion of the defendant, set aside or modify the verdict or any part of it on the following grounds: any ground appearing in the record that, if raised on an appeal from a prospective judgment of conviction, would need a reversal or modification of the judgment as a matter of law, and this would have to be done by an appellate court, secondly, that during the trial there occurred, out of the presence of the court, some sort of improper conduct by a juror, or improper conduct by another person in relation to a juror, which might have actually affected a substantial right of the defendant and which wasn’t known to the defendant prior to the rendition of the verdict, or lastly, that new evidence has been discovered since the trial which couldn’t have been produced by the defendant at the trial, even with due diligence on his part, and which is of such character as to actually create a probability that had this evidence been received at the trial, the verdict would’ve been more favorable to the defendant.
Motion to Set Aside Verdict: Order Granting Motion
On setting aside/modifying a verdict or a part of a verdict on grounds specified, the court has to take the same action as the appropriate appellate court would be required to take on reversing or modifying a judgment on the particular ground in issue. On setting aside a verdict on grounds specified, the court has to order a new trial.