Attorney, Joel R. Salinger helps young people and their families when a juvenile or college student becomes involved in the criminal justice system. This is a highly stressful time if your child is facing criminal charges. While the handling of a Juvenile case may be handled in a different manner than that of a college age student, the impact of a criminal record and possible incarceration upon the lives of each can be monumental so we will discuss them together.

In New York, Juvenile criminal matters are handled by the New York Family Court. Any child under the age of 16 is considered a Juvenile In all jurisdictions. The appropriate District Attorney has discretion and can remove the Juvenile Criminal Case from Family Court and charge the Juvenile as an adult in Criminal Court. This is a rare occurrence and only happens when there are violent criminal charges such as murder, rape, a vicious assault, or hate crimes involved.

After a Juvenile is arrested the police generally return the child to the custody of a parent. They present the parent with a Desk Appearance Ticket or DAT which serves notice of the pending criminal charge along with the court date. On the court date the parent, the Juvenile and their Juvenile Criminal Lawyer appear before the Court for arraignment on the charge.

Unlike Criminal Court, New York Family Courts do not set bail during the arraignment. Rather, the Judge has two options. The Judge can either remand the Juvenile to a Juvenile Detention Facility or release the child in the custody of an adult. There is no jury in Juvenile Matters. In the absence of a negotiated settlement (a plea deal) the Judge will determine the innocence or guilt of the Juvenile Defendant. At the conclusion of the fact finding if the Juvenile is found guilty the Judge will make a determination as to sentencing. The options available to the Judge are very similar to that of a Criminal Court Judge. While there is no jail for a child adjudicated a Juvenile Delinquent, the Judge can "place" the juvenile. Placement is the equivalent of jail for Juveniles. The child, depending on the issues, can be placed in a variety of facilities that focus on different areas of treatment and have varying levels of confinement.

College students facing criminal charges, often times far from home without the immediate help and support from family, can be a stressful and terrifying experience. If you are a New York or Long Island college or graduate school student and have been accused of, think you might be accused of, or are being investigated for a crime committed either on or off campus, it is imperative that you don’t wait; be proactive. Being convicted of a crime either while on campus or in college can have serious consequences that may affect your future.

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