When can juveniles be tried as adults for crimes in New York?

Trying Juveniles as Adults in New York

If your child is accused of a serious crime in New York, you may be wondering – could they end up prosecuted as an adult? It’s every parent’s worst nightmare. Unfortunately, in some cases, juveniles can indeed be tried in adult criminal court.

But when exactly can this happen? And how does the process work? In this article, I’ll break down the laws and procedures around charging juveniles as adults in NY. My goal is to explain this complex issue in an easy-to-understand way.

What Is a Juvenile Legally in New York?

First key fact: New York defines a “juvenile” as anyone under the age of 16. Only juveniles can go through the juvenile justice system and Family Court.

Youth aged 16-18 are legally considered “adolescent offenders.” They are automatically prosecuted as adults in New York’s criminal courts.

So only children under 16 are eligible for juvenile adjudication. Older teens are treated as adults by default under New York law.

Can Juveniles Under 16 Be Tried as Adults?

Yes, there are certain circumstances where New York juveniles under 16 can be prosecuted in adult criminal court rather than Family Court. This is known as a “removal” process.

There are three main ways a juvenile can be removed:

1. Judicial removal by a Family Court judge
2. “Juvenile offender” designation by prosecutors
3. Direct file by prosecutors in adult court

Let’s take a closer look at each process…

Judicial Removal

Family Court judges can authorize removing a juvenile case to adult criminal court if:

• The youth is charged with a very serious felony
• There are “extraordinary circumstances”
• The judge determines removal is in the “interests of justice”

Murder, rape, violent assaults are examples of charges allowing judicial removal. The judge holds a hearing to decide if adult court is appropriate.

“Juvenile Offender” Designation

For certain serious felonies like burglary and robbery, prosecutors can designate juveniles as “juvenile offenders.” This sends them directly to adult court.

The district attorney doesn’t need a judge’s approval for JO designation. But juveniles prosecuted as JOs still receive some protections like sealed records.

Direct File by Prosecutors

Finally, for lower-level felonies, prosecutors can simply choose to directly file charges against juveniles in adult criminal court rather than Family Court.

No judicial approval is required. Examples are drug sales, assault, weapons possession. This is the most controversial removal method.

What Age Can Juveniles Be Tried as Adults?

In New York, children as young as 13 can be prosecuted as adults in criminal court if they are charged with a serious felony under the judicial removal or JO designation processes.

Children aged 7-12 cannot be prosecuted as adults under any circumstances. They are handled exclusively in Family Court’s juvenile justice system.

Does a Juvenile Get a Jury Trial?

Yes, juveniles tried as adults are entitled to a jury trial, which is not available in Family Court proceedings. They also can face the same penalties as adult defendants.

So prosecution in adult court significantly increases the punishment exposure compared to adjudication in juvenile court.

Are Juvenile Records Confidential?

Juvenile records are sealed if the case stays in Family Court. But once a case is removed to adult court, the records are no longer confidential under New York law.

The loss of confidentiality can have devastating impacts on the youth’s future education and employment prospects.

Can a Judge Send the Case Back to Family Court?

Yes, even after a juvenile’s case is removed to adult court, a criminal court judge has discretion to send it back to Family Court under what’s called a “reverse removal.

However, reverse removals rarely happen. Most juveniles prosecuted as adults will stay in adult court.

Are Minority Youth Disproportionately Impacted?

Absolutely. Studies show black and Latino youth are significantly overrepresented among juveniles prosecuted as adults in New York.

In 2018, over 90% of juveniles tried as adults were youth of color, even though they make up only 50% of the juvenile population.

Racial bias in the justice system is a huge contributing factor to this disparity that must be addressed.

Should the Age of Adult Prosecution Be Raised?

Many juvenile justice advocates argue New York should raise the adult prosecution age from 16 to at least 17 or 18 like most other states have done.

They say adolescents don’t fully understand consequences and should remain in juvenile court. But prosecutors oppose raising the age further.

The Bottom Line

Trying juveniles as adults has lasting traumatic impacts but remains common in serious NY cases. As a parent, you should absolutely consult an attorney if your child is facing possible adult prosecution.

An experienced lawyer can advocate to keep the case in Family Court and avoid the devastating outcomes that result from adult convictions.