Youth Part 

In October, 2018 the New York State Legislature enacted the Raise the Age Law (RTA) which raised the age of criminal responsibility.  Recognizing that the adolescent brain is not full developed and that many adolescents act impulsively when they engage in criminal activity, the new law created a new category of offenders. Under the RTA, all 16 and 17-year-olds charged with felonies are defined as adolescent offenders (AO’s) and their cases are heard in Youth Part. The Youth Part is presided over by a designated Family Court judge.

 While these felony cases start out in the Youth Part, many are removed and transferred to the Family Court, either on consent of the District Attorney or by court order.

 All non-violent felonies are transferred to Family Court unless the District Attorney files a written motion objecting to the transfer alleging that extraordinary circumstances exist. It is then up to the Judge to decide whether or not the case will remain in the Youth Part or be transferred to Family Court. Non-violent felonies have to undergo a hearing first to determine whether or not certain aggravating factors exist which would cause the case to remain in the Youth Part. If the court does not find those factors exist, then these cases are removed to the Family Court.

All vehicle and traffic misdemeanors and felonies (including driving while intoxicated/impaired by drug cases) are not eligible for transfer to the family court. 

When a case is transferred to Nassau County Family Court, the adolescent is encouraged to go to the probation department to begin receiving services to try and divert the case from ever appearing before a Family Court judge. Voluntary probation services are also available while the case is pending in the Youth Part.

Juvenile Defense Unit:

Effective October 1, 2021 the Legal Aid Society opened its Juvenile Defense Unit in the Family Court.  The Unit represents children, ages 7-17, in Juvenile Delinquency proceedings and Persons in Need of Supervision (PINS) matters (a child under the age of 18 who does not attend school, or behaves in a way that is dangerous or out of control, or often disobeys his or her parents, guardians or other authorities, may be found to be a Person in Need of Supervision or "PINS". All PINS proceedings are heard in Family Court).

 A Family Court Judge in charge of the Juvenile Part shall be responsible for assigning the Legal Aid Society to represent a child. The Legal Aid Society will continue to represent any Adolescent Offender whose case is transferred from the Youth Part to Family Court. The Juvenile Unit Supervisor is Brian Shupak.

Arrest of an Adolescent:

When an adolescent is arrested, he/she must be advised of his/her right to remain silent and right to an attorney. Additionally, the adolescent’s parent or guardian is also required to be advised of these rights. If either the adolescent or the parent/ guardian requests an attorney or indicates that they are not willing to answer questions, law enforcement must stop the questioning process.

This is a very important change in the law to help protect the rights of adolescents. Our office regularly appears in the Youth Part and we are available to take advice cases. If the police are looking for your adolescent or are attempting to speak to him/ her, please tell the police that you want an attorney and call our office immediately at (516) 560-6400 and your call will be directed to an attorney in our Juvenile Defense Unit or County Court Bureau.  Our attorneys will assist you as quickly as possible and represent your child free of charge.

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