3rd Judicial District
Family Courts - Juvenile Delinquency

A juvenile delinquent is a child over seven and less than 16 years of age who, having committed an act that would constitute a crime if committed by an adult, is not criminally responsible for such conduct because of his or her age or is a defendant in an action ordered removed from a criminal court to the family court pursuant to the criminal procedure law.

The purpose of a juvenile delinquency proceeding is to determine (1) whether a person is a juvenile delinquent and (2) to issue an appropriate order of disposition.  In rendering a disposition, the court must consider the needs and best interests of the juvenile as well as the need for protection of the community.

Juveniles have many of the rights associated with other courts, including the right to a speedy trial and the right to counsel.  Juveniles do not, however, have the right to a jury trial.

The court can conditionally discharge the juvenile, place the juvenile on probation, or place the juvenile in his or her own home or in the custody of a suitable relative or private person or a state or local agency.  If the juvenile has committed a felony, he can be placed up to 18 months, which placement can be extended from year to year until the juvenile's 18th birthday.

 

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