In New York, a significant change in the law called “Raise the Age” was enacted on April 10, 2017. This law brought major changes for adolescent offenders aged 16-17 in Nassau County, Suffolk County, and other areas. Before this law, these teens were treated as adults in criminal cases.
Under the “Raise the Age” law, the age at which someone is considered an adult for criminal cases is 18 years old. This means that 16-year-olds who commit serious crimes and 17-year-olds are classified as “Adolescent Offenders” (AOs). This law only applies to teens who are 16 or 17 at the time of their alleged crime. The rules for younger teens, minors aged 13 to 15 years old, who commit certain serious crimes remain the same.
The “Raise the Age” law was created to address teenagers who are more prone to impulsivity because their brains are still developing. Research shows that teenage brains are only fully developed by early adulthood. Until then, their ability to regulate emotions and make reasoned decisions is limited. Recognizing this, New York made changes to how the justice system handles young people to better match their developmental needs.
What Are Adolescent Offenders?
Adolescent Offenders are individuals who are 16 or 17 years old and are charged with serious crimes, traffic violations, or other legal issues. Their cases usually start in Criminal Court but can be moved to Family Court, where they are treated as Juvenile Delinquents.
Family Court vs. Criminal Court for Adolescent Offenders
Family Court handles cases where the highest charge is a penal law misdemeanor. If the charge is a felony (a more serious crime) or involves a penal law violation, traffic infraction or traffic misdemeanor, the case starts in a special part of Criminal Court called the “Youth Part.” There, the judge will decide if the case should stay in Criminal Court or be moved to Family Court.
Overview of Raise the Age Procedures for Adolescent Offenders Accused of Felonies
If an Adolescent Offender is accused of a felony, the “Raise the Age” law provides specific procedures the court must follow to determine if the case remains in the Youth Part of Criminal Court or is moved to Family Court. This process depends on whether the crime is a Violent Felony or a Non-Violent Felony.
For Violent Felony Offenses:
A Violent Felony is a serious crime that involves harm to others, such as assault causing serious physical injuries or robbery. If an Adolescent Offender is arrested for a Violent Felony, the following steps occur:
- Arraignment: The Adolescent Offender will be brought before the court to hear the charges against them. If this happens at night or on a weekend, their case will be scheduled for the next court date in the Youth Part.
- Six-Day Review: The case must be reviewed within six days of the arraignment. This review is known as the “Retention Hearing” or “Six-Day Review.” At this hearing, the District Attorney must prove one of three conditions to keep the case in the Youth Part:
- Significant Physical Injury: The offender caused injury that is more serious than a bruise but less serious than a disfigurement. Evidence might include photos, medical records, and witness statements.
- Use of a Firearm or Deadly Weapon: The offender displayed a weapon as defined by the law. Having a weapon is not enough; it must be shown that the weapon was used in furtherance of the crime.
- Sexual Conduct: The offender engaged in serious sexual conduct, such as intercourse or other sexual acts as defined by law.
The legal standard for this hearing is “preponderance of the evidence,” which means it’s more likely than not that one of these conditions is met. The court will consider evidence, witness testimony, and may even allow hearsay (second-hand information).
For Non-Violent Felony Offenses:
Non-Violent Felonies are less serious compared to Violent Felonies and do not involve physical harm to others. If an Adolescent Offender is charged with a Non-Violent Felony, the process is slightly different:
- Arraignment: Similar to Violent Felony cases, the Adolescent Offender will be arraigned and their case will be scheduled for the next court date if the arraignment happens at night or on a weekend.
- Extraordinary Circumstances Motion: The District Attorney must file a special motion showing “Extraordinary Circumstances” within 30 days of arraignment if they believe the case should stay in the Youth Part. If this motion is not filed, the case automatically moves to Family Court.
What Are Extraordinary Circumstances in Adolescent Offender Cases?
Extraordinary Circumstances are serious factors that make a case inappropriate for Family Court and more suitable for the Criminal Court Youth Part. These include:
- Multiple Crimes: If the Adolescent Offender committed several crimes over a period.
- Cruel or Heinous Behavior: If the crimes were committed in a particularly cruel or shocking manner.
- Leadership in Criminal Activity: If the offender led others into criminal activities or threatened others to commit crimes.
- Previous Cases or Probation: If the offender has a history of felony cases or is on probation.
- Lack of mitigating factors.
Mitigating factors are circumstances that could lessen the severity of the case, such as economic difficulties, poor living conditions, educational struggles, emotional or psychological issues, lack of positive role models, or history of substance abuse.
Additional Rights for Adolescent Offenders
In Nassau and Suffolk Counties, Adolescent Offenders have extra rights during an arrest, designed to protect them:
- Simplified Miranda Rights: They must be given their rights in a way that is easy to understand.
- Video Recording: All questioning by police must be recorded on video.
- Parent or Guardian Presence: A parent or guardian can be present during questioning.
- Juvenile Room: They must be held in a designated juvenile area.
- Parental Notification: Police must make reasonable efforts to inform the offender’s parent or guardian about the arrest and where the offender is being held.
If these rights are violated, a skilled Nassau County juvenile defense attorney might be able to get charges dismissed.
Aggressive and Experienced Adolescent Offender Defense Attorney
At The R.M.L. Law Firm, PLLC, we have the expertise to protect Adolescent Offender rights across Long Island. Our firm has a proven track record of achieving favorable outcomes for minors facing criminal charges.
Representing Adolescent Offenders Ages 16-17 on Long Island
- Experienced Representation: With over a decade of experience in juvenile cases, Attorney Ramy M. Louis brings deep expertise in navigating the complexities of juvenile justice, ensuring effective and knowledgeable representation for your child.
- Personal Attention: Attorney Louis provides direct, personal service, taking the time to explain your child’s case, potential defenses, and what to expect in court, ensuring you’re fully informed and supported throughout the process.
- Proven Results: Our firm has a strong track record of achieving favorable outcomes for young clients, including reduced charges and dismissals, by leveraging our legal skills and strategic planning to seek the best results for your child.
- Understanding and Compassion: We understand the unique challenges of juvenile cases and provide both legal and emotional support to help your family through this difficult time.
- Community Knowledge: With extensive experience in Nassau County and Suffolk County Youth Courts, we understand local legal procedures and use this knowledge to advocate effectively in regional courts.
- Dedication to Justice: We are committed to fair treatment and justice for young people, passionately defending your child’s rights and working to achieve the best possible outcome both legally and personally.
If your 16 or 17-year-old has been arrested on Long Island, don’t wait to get legal help. Contact The R.M.L. Law Firm, PLLC today to schedule a free case consultation. Attorney Louis will personally discuss the case with you, explain the possible defenses, and outline what to expect in court. Your child’s future is too important to leave to chance.
