Juvenile Delinquency Attorney

Juvenile Delinquency Defense Attorney in Suffolk County, New York

When your child is accused of juvenile delinquency in Suffolk County, their future, education, and opportunities hang in the balance. Juvenile delinquency cases are handled differently than adult criminal cases, with unique procedures, terminology, and goals focused on rehabilitation rather than punishment. However, the consequences of adjudication can still be severe, affecting your child’s education, employment prospects, and future. Parents facing the juvenile justice system need an experienced attorney who understands both the legal complexities and the developmental needs of young people. Attorney Michael Brown is Suffolk County’s most experienced juvenile delinquency defense lawyer, with a proven track record of successfully representing young people and protecting their futures.

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Understanding Juvenile Delinquency Under New York Law

In New York, juvenile delinquency matters are governed by Article 3 of the Family Court Act rather than the criminal courts. A “juvenile delinquent” is defined under New York Family Court Act § 301.2 as a person over seven and less than eighteen years of age who commits an act that would constitute a crime if committed by an adult.

Important Age Distinctions:

Children under age 7 cannot be charged with juvenile delinquency
Youth aged 7-15 are handled in Family Court as juvenile delinquency cases
Adolescent Offenders aged 16-17 charged with certain serious felonies may be prosecuted in Youth Part of criminal court under Raise the Age legislation
Some 13-15 year olds charged with the most serious crimes may be prosecuted as Juvenile Offenders in criminal court

The juvenile justice system differs fundamentally from adult criminal court:

Terminology: Youth are “respondents” not “defendants,” face “petitions” not “indictments,” and if found responsible receive “adjudications” not “convictions”
Focus: Emphasis on rehabilitation and treatment rather than punishment
Confidentiality: Proceedings are confidential and records are sealed
Dispositional Options: Wide range of interventions focused on the child’s needs
No Jury Trials: Cases are decided by Family Court judges
No Criminal Record: Juvenile delinquency adjudications don’t create adult criminal records

Acts That Constitute Juvenile Delinquency

Juvenile delinquency encompasses any act that would be a crime if committed by an adult, including:

Property Offenses

Petit larceny and grand larceny (shoplifting, theft)
Criminal mischief (vandalism, property damage)
Burglary (unlawful entry into buildings)
Criminal possession of stolen property
Trespass
Graffiti

Violent Offenses

Assault (various degrees)
Robbery
Gang assault
Menacing
Reckless endangerment
Weapons possession

Drug Offenses

Criminal possession of marijuana
Criminal possession of controlled substances
Criminal sale of controlled substances

School-Related Offenses

Assault on school grounds
Weapons possession at school
Criminal mischief at school
Harassment and bullying behaviors

Status Offenses vs. Delinquency

Note: Status offenses (truancy, running away, curfew violations, incorrigibility) are not juvenile delinquency but are handled as Persons In Need of Supervision (PINS) cases with different procedures and consequences.

The Juvenile Delinquency Process

Arrest and Intake

When a juvenile is arrested:

Police take the child into custody
Parents/guardians are notified immediately
The child may be released to parents or held in secure or non-secure detention
Probation conducts intake assessment
Decision is made whether to file a petition or adjust the case

Adjustment (Diversion)

Many cases are “adjusted” without filing a formal petition. Under Family Court Act § 308.1, probation may adjust cases by:

Assessing the child and family
Providing services and supervision for up to six months
If the child complies, the case is closed without adjudication
If the child doesn’t comply, a petition may be filed

Adjustment is a valuable opportunity to avoid formal court proceedings.

Detention Hearings

If a child is held in detention, a hearing must occur within 24-72 hours. The court determines whether:

The child should remain in detention
The child poses a risk of flight or danger to community
The child can be released to parents/guardians
Alternative placements are appropriate

Initial Appearance and Fact-Finding Hearing

At the initial appearance:

The petition is read
Rights are explained
The child can admit or deny the allegations
If denied, a fact-finding hearing is scheduled

At the fact-finding hearing:

The Presentment Agency (usually the Corporation Counsel or District Attorney) must prove allegations beyond a reasonable doubt
Evidence is presented
Witnesses testify
The judge determines whether the allegations are proven
If proven, the child is “adjudicated” a juvenile delinquent

Dispositional Hearing

If the child is adjudicated, a dispositional hearing determines consequences. Under Family Court Act § 352.1 and § 353.2, judges consider:

The needs and best interests of the child
The need for protection of the community
Investigation and Diagnostic Assessment reports
Least restrictive alternative principle

Dispositional Options for Juvenile Delinquents

Family Court judges have broad discretion in fashioning dispositions focused on rehabilitation:

Conditional Discharge

Under Family Court Act § 352.2(2)(a), the judge may order:

Release to parents/guardians
Specific conditions for up to one year
No probation supervision
Compliance monitoring

Probation

Under Family Court Act § 352.2(2)(b), the court may order:

Probation supervision for up to two years
Conditions including school attendance, curfew, treatment programs
Probation officer supervision and monitoring
Possible extension up to three years total

Placement

Under Family Court Act § 352.2(2)(c), for more serious cases:

Placement with New York State Office of Children and Family Services (OCFS)
Residential treatment facilities
Duration based on severity: 12-18 months for most cases, up to 36 months for designated felonies
Secure, limited-secure, or non-secure facilities

Restrictive Placement

For the most serious designated felony acts:

Initial placement for 12-18 months
Possible extension up to 36 months
Secure detention facilities

Restitution and Community Service

Payment to victims for losses
Community service hours
Participation in restorative justice programs

Treatment and Programs

Substance abuse treatment
Mental health counseling
Anger management
Educational services
Family therapy

Designated Felony Acts

Certain serious felonies are “designated felony acts” under Family Court Act § 301.2(8), which can result in longer placement periods:

Murder, manslaughter
Rape, sexual abuse
Robbery
Aggravated assault
Kidnapping
Arson
Burglary (first degree)

These cases receive enhanced scrutiny and potentially longer dispositions.

Juvenile Offender Cases

Under Criminal Procedure Law § 1.20(42), 13-15 year olds charged with the most serious crimes (murder, certain violent felonies) can be prosecuted as “Juvenile Offenders” in criminal court rather than Family Court. These cases involve:

Criminal court prosecution
Potential for significant prison sentences
Adult criminal procedures
Possible transfer back to Family Court in some circumstances

Juvenile Offender cases require specialized defense strategies given their severity.

Raise the Age: Adolescent Offenders

New York’s Raise the Age legislation (effective 2018-2019) changed how 16-17 year olds are prosecuted:

Most 16-17 year olds are prosecuted in Youth Part of criminal court
Focus on rehabilitation similar to Family Court
Youthful Offender adjudication available
Some cases transferred to Family Court
Serious violent felonies may remain in criminal court

This hybrid system requires attorneys to understand both Family Court and criminal court procedures.

Consequences of Juvenile Delinquency Adjudications

Educational Impact

Juvenile delinquency adjudications affect education:

School disciplinary proceedings often run parallel to court cases
Suspensions or expulsions from school
Placement in alternative education settings
Impact on college applications (though records are sealed)
Difficulty explaining gaps in education

Future Employment

While juvenile records are sealed, adjudications can affect:

Military enlistment (requires disclosure)
Some professional licenses
Law enforcement careers
Questions about criminal history on applications
Background checks for certain positions

Immigration Consequences

For non-citizen youth, juvenile delinquency can trigger:

Deportation proceedings in some circumstances
Impact on naturalization applications
Visa complications
Family immigration cases affected

Sealing and Expungement

Juvenile delinquency records are automatically sealed under Family Court Act § 375.1:

Records are confidential and not accessible to public
Fingerprints and photographs are sealed
Youth can legally deny the adjudication in most contexts
However, records exist and can be accessed in limited circumstances

After age 18, youth can seek to have records sealed completely or expunged.

Common Defenses in Juvenile Delinquency Cases

As Suffolk County’s most experienced juvenile delinquency defense attorney, Michael Brown employs effective defense strategies:

Challenging Sufficiency of Evidence

Attorney Brown demonstrates:

Evidence is insufficient to prove allegations beyond reasonable doubt
Witnesses lack credibility or are unreliable
Physical evidence doesn’t support allegations
Identification is questionable
Reasonable doubt exists

Suppression of Evidence

Attorney Brown challenges:

Whether statements were obtained properly
Whether searches were constitutional
Whether the juvenile’s rights were violated
Whether Miranda warnings were given and understood
Whether parental presence was required

Juveniles have special protections, and statements made without proper procedures can be suppressed.

Lack of Criminal Intent

Attorney Brown shows:

The child lacked the mental state required for the offense
Actions were accidental, not intentional
The child didn’t understand the nature of their conduct
Developmental immaturity affected intent

Mistaken Identity

Attorney Brown establishes:

The child was not involved in the alleged conduct
Witnesses misidentified the child
Alibi evidence places the child elsewhere
Other youth were responsible

Self-Defense

Attorney Brown demonstrates:

The child acted in self-defense
Force was necessary to protect against harm
The child was the victim, not the aggressor

Pursuing Adjustment

Attorney Brown advocates for:

Diversion from formal proceedings
Adjustment with probation supervision
Avoiding formal adjudication
Services and support for the family

Dispositional Advocacy

If adjudication occurs, Attorney Brown presents:

Comprehensive mitigation evidence
Mental health and educational evaluations
Family support and resources
Treatment plans and programs
Arguments for least restrictive placement
Evidence that community-based services are appropriate

Five Reasons Attorney Michael Brown Is Your Best Choice

Unmatched Experience in Juvenile Defense: As Suffolk County’s most experienced juvenile delinquency defense attorney, Michael Brown has successfully represented hundreds of young people in Family Court, protecting their futures and helping them avoid the devastating consequences of adjudication. His extensive experience with every type of juvenile case—from shoplifting to serious violent felonies—provides families with sophisticated defense strategies focused on keeping children out of the system and in their communities.
Understanding of Adolescent Development: Juvenile defense requires understanding child and adolescent development, brain science, and how young people differ from adults. Attorney Brown works with psychologists, educational specialists, and treatment providers to present evidence of developmental factors, explain youthful behavior in context, demonstrate rehabilitation potential, and advocate for age-appropriate interventions rather than punitive responses.
Expertise in Family Court Procedures: Family Court operates differently than criminal court, with unique procedures, terminology, and dispositional options. Attorney Brown has deep expertise in Family Court practice, understands what judges look for in juvenile cases, knows how to present effective mitigation and dispositional plans, and excels at advocating for community-based alternatives to placement.
Comprehensive Approach to Collateral Consequences: Juvenile cases affect education, mental health, family dynamics, and future opportunities. Attorney Brown provides comprehensive representation addressing school disciplinary proceedings, coordinating with educational advocates, connecting families with mental health services, protecting immigration status for non-citizen youth, and ensuring the case doesn’t derail the child’s education and development.
Focus on Rehabilitation and Second Chances: Attorney Brown believes in second chances and rehabilitation for young people. He fights to keep youth out of detention and placement, advocates for treatment and services rather than punishment, helps families access resources and support, and works tirelessly to ensure one mistake doesn’t define a young person’s future.

What Parents Should Do When Their Child Is Arrested

Contact Attorney Michael Brown Immediately: Juvenile cases move quickly, and early intervention is critical. Detention hearings occur within 1-3 days, and important decisions about adjustment and diversion happen early.

Exercise Your Child’s Rights: Ensure your child doesn’t make statements to police without an attorney present. Juveniles often don’t understand their rights and make damaging statements trying to explain or minimize their involvement.

Attend All Court Proceedings: Your presence demonstrates family support and stability. Courts assess family involvement when making dispositional decisions.

Gather Educational and Medical Records: School records, psychological evaluations, IEPs, and medical records help Attorney Brown understand your child’s needs and present effective mitigation.

Maintain School Attendance and Compliance: If your child is released, ensure they attend school, comply with any conditions, and avoid any further legal troubles.

Seek Support Services: Engage with counseling, treatment, or support services. Proactive engagement demonstrates commitment to addressing underlying issues.

Do Not Discuss the Case on Social Media: Avoid posting about the case, as social media posts can be used as evidence.

Cooperate with Investigations: Provide information to Attorney Michael Brown so he can conduct thorough investigation and build the strongest possible defense.

Your Child’s Future Is Worth Protecting

A juvenile delinquency adjudication can affect your child’s education, future employment, and opportunities. But juvenile cases are designed to provide second chances and rehabilitation. With experienced legal representation, many young people avoid adjudication entirely through adjustment, receive dispositions that keep them in their communities and schools, and move forward without their mistakes defining their futures.

The juvenile justice system recognizes that children and adolescents are different from adults—they’re less mature, more impulsive, and have greater capacity for change. With the right attorney, you can ensure your child receives fair treatment, appropriate services, and the opportunity to learn from mistakes without destroying their future.

You need Suffolk County’s most experienced juvenile delinquency defense lawyer—someone who has successfully represented hundreds of young people, who understands adolescent development and Family Court procedures, who can navigate both the legal system and educational/treatment systems, and who will fight tirelessly to protect your child’s future and keep them on the path to success.

Contact Attorney Michael Brown today for a confidential consultation about your child’s juvenile delinquency case. Time is critical. Detention hearings happen within days, and early intervention can prevent formal adjudication and keep your child out of the system. Don’t let one mistake destroy your child’s future. Let Suffolk County’s most experienced juvenile delinquency defense attorney put his expertise and experience to work protecting your child and fighting for the best possible outcome.