At The Gilmer Law Firm, PLLC, we understand that nothing is more frightening for a parent than hearing that their child has been arrested. Juvenile delinquency cases are emotional, complex, and can have long-term consequences for a young person’s education, employment, and freedom. If your child is facing allegations of delinquent conduct, you need a skilled and compassionate advocate.
As a Brooklyn juvenile delinquency attorney and experienced New York juvenile defense attorney, George M. Gilmer, Esq. offers knowledgeable, strategic representation from arrest through disposition in Family Court. With a deep understanding of Article 3 of the Family Court Act and New York’s evolving youth justice laws, we provide comprehensive legal guidance to families across Brooklyn and the greater New York area.
What Is Juvenile Delinquency?
In New York, a juvenile delinquent is a child between the ages of 7 and 17 who is found to have committed an act that would be considered a crime if committed by an adult. These cases are handled in Family Court under Article 3 of the Family Court Act. Unlike the adult criminal system, which emphasizes punishment, the juvenile justice system aims to rehabilitate youth and support their development into productive, law-abiding adults.
Recent changes to the law, including the Raise the Age legislation, have significantly altered how 16- and 17-year-olds are treated in the system. While these adolescents may begin their case in Youth Parts of adult criminal court, most non-violent offenses are eventually removed to Family Court.
Arrest to Disposition: Understanding the Juvenile Court Process
The Gilmer Law Firm, PLLC works closely with families throughout each stage of the juvenile justice process. Below is a breakdown of what to expect, based on extensive legal standards and best practices drawn from court procedures and probation policies .
1. Arrest and Police Custody
Juveniles may be taken into custody with or without a warrant. This is often done at the scene of the incident. Once in custody, a juvenile may be:
- Booked at a precinct
- Subjected to fingerprinting or a lineup
- Interrogated (with significant legal protections in place)
- Detained or released to a guardian
Police are required to notify parents or legal guardians, and failure to do so can lead to suppression of any resulting statements. At this early stage, it is crucial to consult with a Brooklyn juvenile defense attorney to protect your child’s rights .
2. Detention or Release Decision
After arrest, officials must decide whether the child will be:
- Detained in a secure or non-secure facility
- Released to a parent or guardian pending court
Detention decisions are based on a Risk Assessment Instrument (RAI), which considers factors such as:
- Flight risk
- Public safety
- Severity of the charges
Our firm works to prevent unnecessary detention by emphasizing family support, school involvement, and community ties.
3. Probation Intake and Diversion
Before a case proceeds to court, a probation intake officer will meet with the child and family to:
- Gather background information
- Assess eligibility for diversion (adjustment) programs
- Recommend services or further prosecution
Diversion may involve counseling, community service, or restitution. Successful completion means no court case or criminal record. This is often the best outcome, and The Gilmer Law Firm, PLLC strongly advocates for diversion when appropriate .
4. Filing of the Petition
If diversion is not granted, the Corporation Counsel (city attorney) files a delinquency petition in Family Court. This document formally accuses the child of a specific offense and initiates court proceedings.
Court Proceedings in Family Court
5. Initial Appearance (Arraignment)
The Initial Hearing is the juvenile’s first appearance in court. At this hearing, the judge will:
- Assign an attorney if one is not retained
- Read the charges
- Ask the juvenile to “admit” or “deny” the allegations
- Decide whether the youth will remain detained
- Schedule future court dates
A skilled New York family law attorney can argue for release and begin crafting a defense strategy from the start .
6. Pretrial Motions and Discovery
Defense counsel gathers evidence and files motions, which may include:
- Motions to suppress statements or evidence
- Motions to dismiss the petition
- Requests for psychological evaluations
At The Gilmer Law Firm, we conduct a thorough investigation, review all police procedures, and explore every avenue for resolution before trial.
7. Adjudicatory Hearing (Trial)
This hearing is similar to a criminal trial but held before a Family Court judge (no jury). The city must prove the child’s guilt beyond a reasonable doubt. The child has the right to:
- Remain silent
- Cross-examine witnesses
- Present a defense
If the petition is not sustained, the case is dismissed, and the child is released.
8. Disposition (Sentencing)
If the judge finds the petition is sustained, the case moves to the dispositional phase, where the focus is on:
- Rehabilitation
- Family reunification
- Community safety
Disposition options include:
- Dismissal or adjournment in contemplation of dismissal (ACD)
- Probation supervision
- Conditional discharge
- Community service
- Residential placement in OCFS-run facilities
A Brooklyn family law attorney with experience in juvenile defense can present mitigating evidence, character witnesses, and alternative sentencing plans to reduce harsh outcomes .
9. Post-Disposition: Appeals and Record Sealing
Youth retain the right to:
- Appeal a Family Court finding
- Seek modification or termination of supervision
- Request sealing or expungement of records, protecting their future employment or educational prospects
Our firm supports families through every step of this post-dispositional phase, ensuring long-term protection.
Raise the Age and Adolescent Offender Cases
New York’s Raise the Age law expands juvenile court jurisdiction to many 16- and 17-year-olds. These cases may begin in the Youth Part of criminal court but are usually removed to Family Court unless there are specific, serious felony allegations. Factors that may prevent removal include:
- Use of a weapon
- Serious injury to a non-participant
- Certain sexual offenses
These removals are subject to prosecutorial motions, judicial findings, and defense advocacy. The Gilmer Law Firm fights to keep youth cases in Family Court where they belong .
Why Choose The Gilmer Law Firm, PLLC?
As a dedicated Brooklyn juvenile delinquency attorney, George M. Gilmer, Esq. brings:
- Years of experience handling Family Court matters
- A client-first approach grounded in compassion and respect for youth development
- Proven relationships with community programs, schools, and court personnel
- Knowledge of Raise the Age law, probation practices, and NYC family justice systems
Whether your child is arrested in Brooklyn, Queens, Manhattan, or elsewhere in New York City, we provide aggressive and thoughtful representation designed to protect your child’s rights and their future.
Contact a New York Juvenile Defense Attorney Today
If your child is facing juvenile charges, do not wait. Early intervention can lead to diversion, better outcomes, or dismissal. Let a skilled Brooklyn juvenile defense attorney help you take immediate steps to defend your child.
📞 Call Gilmer Law Firm, PLLC at (718) 864-2011
🌐 Visit us at www.gilmerlegal.com
📍 Located in Brooklyn, proudly serving all New York City boroughs
Gilmer Law Firm, PLLC – Protecting the Future of Our Youth with Skill, Strategy, and Compassion.