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CrimDefense
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 23975
Experience:  9+ years defending Misdemeanor and Felony cases.
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My son is 15 and went into an abandoned house. He admitted

Customer Question

Hi my son is 15 and went into an abandoned house. He admitted to this and breaking a television stand. His friend was the ring leader and has admitted to being in the house numerous times where our son was only there twice. The other boy admitted to doing a lot of damage. The damage done to the house was around $15,000. We have to go to family court Tuesday. It says that he should be dealt with in accordance to article 3 of the family court act. What does this mean and do we need a lawyer?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  CrimDefense replied 1 year ago.

Good evening. I certainly understand the situation and your concern. Juvenile Delinquency Docket number begins with D or E Family Court Act Article 3.

A juvenile delinquent is a person over the age of 7 and under the age of 16 who commits an act that would be a crime (a misdemeanor or felony) if it were committed by an adult, and who requires supervision, treatment, or confinement. A child who commits certain serious, violent acts may also be treated as an adult in criminal court. An attorney is assigned to a child in a JD proceeding. Some families choose to hire a private attorney. JD proceedings follow the general procedure, including initial appearance, conference, factfinding hearing and dispositional hearing. After fact-finding hearing, dispositional options include conditional discharge, probation supervision, placement with DSS, and placement with Office of Children and Family Services. Placements may include foster care, group home, or institutional care. A juvenile delinquency proceeding does not result in a criminal record. However, Family Court, Probation and police records exist.

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Expert:  CrimDefense replied 1 year ago.

I am not able to speak with you over the phone at this time. However, I am happy to answer any additional questions you may have online. Please let me know.

Customer: replied 1 year ago.
Do you think I need a lawyer for this?
Expert:  CrimDefense replied 1 year ago.

An attorney should be assigned to your son. If you want to retain private counsel you can but that is at your discretion.

Customer: replied 1 year ago.
When would that happen? When we arrive to court ?
Expert:  CrimDefense replied 1 year ago.

Yes, when you appear with him, it would be at that time they would be appointed.

Customer: replied 1 year ago.
Being that he is a minor what could he be looking at? It says to be dealt with with Article 3 from family act? So does that mean just probabation? Or can he be fined as well?
Expert:  CrimDefense replied 1 year ago.

For something like this, he could be looking at restitution, community service and things of that nature. There should be no reason any type of detention should be sought. The goal is to rehabilitate and to teach him a lesson.

Customer: replied 1 year ago.
I agree, we have grounded him for the entire summer. Is that what article 3 is? Restitution,. community service etc.?
Expert:  CrimDefense replied 1 year ago.

here is what it is for your review.

http://codes.lp.findlaw.com/nycode/FCT/3

Customer: replied 1 year ago.
Thanks, ***** ***** that earlier, does it state anywhere in there how the kids are dealt with?
Expert:  CrimDefense replied 1 year ago.

No, that is at the discretion of the State. In his case, this is a non violent crime and he is a first offender, so they will deal with him on the lighter side

Customer: replied 1 year ago.
Do you think its a good idea for my son to write an apology letter to all parties involved?
Expert:  CrimDefense replied 1 year ago.

At some point, Yes. Let the case develop and see what happens and then when needed, he can.

Customer: replied 1 year ago.
Ok so he doesnt need to bring it to court Tuesday then?
Customer: replied 1 year ago.
You said earlier "A juvenile delinquency proceeding does not result in a criminal record. However, Family Court, Probation and police records exist. ". Is there a way to avoid this? Or will it go away after a few years? I just do not want this to follow him as he gets older.
Expert:  CrimDefense replied 1 year ago.

Once he is an adult, this will not be seen. When he appears, he can ask about any type of diversion program for a dismissal.

Customer: replied 1 year ago.
OK what is diversion program? Like a probation?
Expert:  CrimDefense replied 1 year ago.

It is offered to first time offenders to get the case dismissed. Similar to probation with requirements but the end result is a dismissal.

Expert:  CrimDefense replied 1 year ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!