1. Which Court Handles Juvenile Criminal Cases?
The child's age at the alleged offense and the charge determine the initial court under Family Court Act §301.2 and Penal Law §10.00(18).
| Classification | Applicable cases | Initial court |
|---|---|---|
| Juvenile Delinquent (JD) | Most non-JO offenses at ages 12–15 and most Penal Law misdemeanors at ages 16–17 | Family Court |
| Juvenile Offender (JO) | Specified serious felonies at ages 13–15 | Youth Part |
| Adolescent Offender (AO) | Felonies at ages 16–17 | Youth Part |
| Traffic misdemeanor exception | Certain Vehicle and Traffic Law offenses at ages 16–17 | Local criminal court |
Eligible JO and AO cases may move to Family Court. Federal juvenile cases follow separate rules under 18 U.S.C. §5032, including certification requirements.
Family Court and Youth Part Assignments
Kings County Family Court, at 330 Jay Street, handles delinquency petitions presented by the New York City Law Department. The Youth Part of Kings County Supreme Court, Criminal Term, at 320 Jay Street, handles qualifying JO and AO cases. An attorney representing juvenile defendants can examine the charges and grounds for Family Court removal.
Cases Involving Children under 12
Family Court Act §301.2 permits delinquency proceedings for children older than seven but younger than twelve only for specified homicide-related offenses. Other alleged crimes in this age group fall outside ordinary juvenile delinquency jurisdiction.
2. What Happens after a Juvenile Arrest?
The next step depends on whether police issued an appearance ticket, referred the child to probation, or initiated court proceedings.
Appearance Tickets and Probation Intake
Under Family Court Act §307.1, an appearance ticket directs the child and responsible adult to probation within 14 days of issuance. For a designated felony act, the deadline is 72 hours, excluding weekends and public holidays. Probation may consider adjustment under §308.1. A designated felony allegation requires written court approval, while certain repeat allegations require additional approvals. An attorney can review the referral, advise on interviews, and assess adjustment eligibility.
Petitions, Detention and Initial Appearances
Under §310.1, an authorized presentment agency commences a delinquency proceeding by filing a petition. Family Court Act §320.2 generally requires a detained child's initial appearance within 72 hours after filing or on the next court session day, whichever comes first. For a child not detained, appearance ordinarily occurs within 10 days unless good cause permits delay. Separate rules govern detention decisions. Before filing, a criminal lawyer in NYC can assess whether a police interview request is voluntary or legally required.
3. How Can an Attorney Challenge Juvenile Evidence?
Defense review focuses on police statements, identification procedures, and evidence supporting the alleged offense.
Police Questioning and Statements
Family Court Act §305.2 requires parental notification when police take a child into custody under that provision and establishes warnings and safeguards for questioning. Under §305.2(5-a), interrogations at designated juvenile questioning facilities must be video recorded, including required warnings and waivers. An attorney may examine the recording, questioning conditions, and identification procedures for evidentiary challenges.
Discovery and Evidence Challenges
Family Court Act §§331.2 and 331.7 govern specified discovery demands. Detained respondents generally must demand production within seven days after the initial appearance or before fact-finding begins, whichever occurs sooner. For non-detained respondents, the general deadline is 15 days, subject to statutory qualifications and extensions. Youth Part cases follow applicable CPL discovery rules, including Article 245. Depending on the evidence, criminal defense motions may challenge statements, identification, or searches.
Preserving Evidence before the Hearing
Families should retain:
- Appearance notices, petitions, custody orders, and release conditions.
- Original recordings, messages, witness details, and police communications.
- Court assignments, hearing dates, and relevant school records.
Do not alter recordings or delete messages. The child's attorney represents the child, whose interests may differ from a parent's preferences.
4. Can a Juvenile Case Be Removed to Family Court?
Removal depends on the offense and whether the defendant is classified as an adolescent offender or juvenile offender.
Adolescent Offender Removal Deadlines
Under CPL §722.23(1), many eligible AO cases must be removed unless the district attorney establishes extraordinary circumstances through a timely motion. The prosecution generally has 30 calendar days after arraignment to file that motion, subject to statutory tolling. For specified class A and violent felonies, §722.23(2) requires review within six calendar days. The court examines aggravating facts such as significant physical injury, display of a qualifying weapon, or unlawful sexual conduct. If those facts are not established, applicable removal provisions govern the next step.
Juvenile Offender Removal Motions
CPL §722.22 allows removal of qualifying JO cases in the interests of justice. Certain charges require prosecutorial consent and additional findings. The court may consider the alleged offense, resulting harm, evidence, the child's circumstances, and community safety. Family Court cases follow a separate framework for juvenile delinquency penalties.
5. Frequently Asked Questions
Can a child be detained without bail in a Family Court delinquency case?
Yes. Family Court does not use the criminal bail system for delinquency proceedings. Under §320.5, detention requires statutory findings and consideration of alternatives. An attorney may challenge detention or request appropriate release conditions.
Can a child receive a jury trial in a Family Court delinquency proceeding?
No. A Family Court judge conducts fact-finding without a jury. Under §342.2, allegations must be proven beyond a reasonable doubt. Youth Part cases follow applicable criminal trial rules.
6. Brooklyn Juvenile Criminal Defense Case Review
Our attorneys review the child's age, charges, police statements, custody conditions, and court dates to assess evidence challenges, filing deadlines, and Family Court removal options before the next proceeding.
13 Nov, 2026
