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Juvenile Criminal Matters
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Juvenile delinquency and defense
Juvenile Criminal Matters in New York Family Court
Overview
New York treats youth cases differently from adult criminal cases.
Most matters involving minors are handled in Family Court as Juvenile Delinquency (JD) cases under Article 3 of the Family Court Act. Certain older teens charged with felonies are processed as Adolescent Offenders (AO) in a special criminal court called the Youth Part; many AO cases can be removed to Family Court depending on the facts.
|⚖️ Steven Zalewski, Esq. has decades in Suffolk County Family Court and the criminal courts. He guides families through JD and AO cases with a steady hand—protecting your child’s rights while focusing on safety, services, and the best possible outcome.|
Who Is a Juvenile Delinquent vs. an Adolescent Offender?
- Juvenile Delinquent (JD) – Family Court (Article 3):
Typically a youth over age 12 and under 18 accused of conduct that would be a crime if committed by an adult. (Limited serious charges may involve younger children; the court will explain these rare exceptions.) - Adolescent Offender (AO) – Youth Part (Raise-the-Age):
16–17-year-olds charged with felonies begin in the Youth Part of Supreme/County Court. Many cases (especially non-violent or first-offense matters) may be removed to Family Court, where the youth is then treated as a JD.
Key takeaway: Family Court is rehabilitative, not punitive. Outcomes emphasize services, supervision, and support, not criminal convictions.
How JD Cases Move Through Family Court (Suffolk County)
1) Probation Intake & Diversion (“Adjustment”)
Before a petition is filed, Probation typically meets with the youth and family to see if the case can be resolved without court.
Options may include counseling, mentoring, school supports, community service, or restitution. Successful adjustment avoids a court record.
2) Filing the Petition
If diversion isn’t appropriate or fails, the Presentment Agency files a JD petition in Family Court describing the alleged acts.
3) Initial Appearance
- The youth (the Respondent) appears with a parent/guardian.
- The court appoints an Attorney for the Child (AFC) if the family doesn’t have counsel.
- Release with or without conditions is addressed (curfew, school, no contact, etc.). Detention is used only when necessary.
4) Fact-Finding Hearing (Trial)
- Standard of proof: Beyond a reasonable doubt.
- No jury in Family Court; the judge decides the facts.
- If the petition is not proven, the case is dismissed.
5) Disposition (Sentencing in Family Court)
If proven, the court orders a plan tailored to the youth, which may include:
- ACD (Adjournment in Contemplation of Dismissal) – case closes and seals if the youth follows conditions for a set period.
- Conditional Discharge – obey the law and court conditions for a period.
- Probation – structured supervision and services.
- Restitution/Community Service, counseling, schooling supports, treatment.
- Placement – in non-secure, limited-secure, or secure OCFS programs (used when community options won’t keep the youth/school/public safe).
Adolescent Offenders (Youth Part) at a Glance
- Start in Youth Part (a criminal court) with specialized judges and procedures.
- Many AO cases—especially non-violent felonies or where certain conditions are met—can be removed to Family Court (then handled as JD).
- In Youth Part, the defense may seek removal, Youthful Offender (YO) treatment, or other relief; Steven evaluates the best pathway to Family Court or least-restrictive outcome.
Your Child’s Rights & Your Role as a Parent
- Right to counsel (appointed if needed).
- Right to remain silent and to due process at every step.
- Parents/guardians are expected to attend court, support compliance, and help the team ensure the youth’s school/health needs are addressed.
- Confidentiality & sealing: JD records are confidential; many matters are sealed, protecting your child’s future education/employment.
Steven coordinates with schools, counseling providers, and Probation to stabilize home and school and to minimize collateral consequences.
Common Issues Steven Handles
- School-based incidents: fights, threats, vaping/drugs on school grounds
- Property offenses: shoplifting, criminal mischief, graffiti
- Assault/menacing/harassment connected to peer conflict or social media
- Orders of protection involving classmates or neighbors
- Violation of conditions (curfew, program attendance) and modifications to make plans realistic and safe
When a Case Can Be Dismissed or Resolved Early
- Insufficient proof at fact-finding
- ACD with counseling, school attendance, and no new incidents
- Successful adjustment/diversion before the petition is filed
- Consent resolutions crafted to seal the matter once conditions are met
Steven’s approach: Resolve early when possible, litigate hard when necessary, always protecting the youth’s record and future.
Resources for Suffolk County Families
Because Steven wants families to get help—even if he can’t take the case—here are trusted, local supports:
🔹 Suffolk County Family Court
400 Carleton Avenue, Central Islip, NY 11722
(631) 740-3800
Case info & directions: nycourts.gov (Suffolk Family Court)
🔹 Suffolk County Probation – Family Court Services
Pre-petition diversion/adjustment (assessment, services, case planning).
Website: Suffolk County Probation – Family Court
🔹 Legal Help
- Legal Aid Society of Suffolk County (Juvenile/Family) – (631) 853-5212
- Nassau Suffolk Law Services – (631) 232-2400 | nsls.legal
🔹 Youth & Family Support
- Family Service League (FSL) – (631) 427-3700 | counseling, youth programs
- EAC Network – (516) 539-0150 | youth services, court-related supports
- School District Pupil Personnel Services (PPS) – local school-based counseling, IEP/504 support
All calls are confidential. Ask about counseling, mentoring, tutoring, and diversion to prevent court involvement or improve outcomes.
Steven Zalewski’s Approach
- Stabilize first: safety plan, school consistency, counseling.
- Protect rights: handle interviews, court dates, and conditions carefully.
- Plan for closure: aim for adjustment, ACD, or sealing whenever possible.
- Realistic solutions: the least-restrictive outcome that sets your child up to succeed.
“These are kids. They need structure and a chance—not a lifetime label. My job is to protect their future while we address what happened.”
Contact Steven Zalewski, Esq.
Cell: (516) 660-4654
Office: (516) 377-7830
Email: steve@zandzfamilylawyers.com
Address: 1601 Veterans Memorial Highway, Suite 500, Islandia, NY 11749
Disclaimer
This page provides general information and is not legal advice.
Juvenile justice rules can change and vary by case. Speak with a qualified Suffolk County Family Law attorney about your child’s situation.
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