If you are under the age of 19 in the state of New York and have been accused of a crime, it is possible that you will not be charged as an adult offender.
When any person is questioned by the police in the United States, they have the right to be informed of their Miranda rights. Miranda rights are the assertion of your rights under the Fifth Amendment. These rights include having the option to remain silent during questioning, and the right to have an attorney, even if you cannot afford to pay for one yourself.
It is almost summer and all throughout New York, high school seniors are participating in their graduation ceremonies. Leaving high school is a big step for many young people and often signifies their transition from childhood to adulthood. However, while a youth may begin to enjoy a host of new rights and responsibilities as they prepare for life after high school, there is one important right that they cannot embrace until they reach the age of 21.
In the state of New York a person under the age of 21 may not buy or drink alcohol. It may not be consumed with family members or friends, and it is illegal for juveniles to merely possess alcohol. If a juvenile is found to have alcohol in their system while they are driving, they can face significant legal penalties.
A generation ago New York parents did not have to deal with cellphones, the Internet and all of the other technology-related headaches that can get their kids into loads of trouble. Now, however, a child may run afoul of the law by engaging in electronic behaviors that are common to and even encouraged by their peers. One of those behaviors is sexting, and this post will attempt to provide a definition for the term as well as a discussion of why it can get kids into trouble.
When a youth is charged with a crime their legal matter may be handled in the juvenile justice system of New York or, if the alleged crime is very serious, the matter may be transferred to the adult criminal court system. In either case, a child may suffer long-term consequences if their arrest turns into a conviction. These consequences are sometimes called collateral consequences and this post will address some of the possible collateral consequences that juveniles may suffer if they are convicted before adulthood.
Although some individuals have jobs and other responsibilities that may take them out of their homes during the late hours of the night and early hours of the morning, many New Yorkers are ready to end their days well before midnight so that they are able to rise again for new mornings. For this reason one may notice that the roads are less busy after 10 o'clock in the evening and before 5 o'clock in the morning. It is also the reason that many shops and restaurants close during these twilight hours.
Throughout New York state, there is a zero tolerance policy concerning underage drinking and driving. Young people who are under 21 years old and are caught driving after consuming any amount of alcohol are likely to be charged with underage DWI/DUI under the zero tolerance law. Whether or not they are charged may depend on the prosecutor's reading of the zero tolerance law.
When a juvenile has been charged with a crime, and is facing serious potential penalties and consequences that go along with the charges, it is important for them and their parents and loved ones to be familiar with their criminal defense rights and options. Both misdemeanor and felony charges can be serious for juveniles and the criminal justice system can be understandably intimidating.
If you have heard of New York's Zero Tolerance Law you may have wondered what and who it refers to. The law applies to drivers under the age of 21 who operate a vehicle under the influence of alcohol with a blood alcohol content level of between .02 percent and .07 percent. If an accused individual is pulled over and suspected of driving under the influence and being under the age of 21, they will be required to submit to a breathalyzer test and may be detained for that purpose.