Representing Juveniles in the State of New York, whether in Family Court, or the criminal courts, takes skill and compassion, as well as a knowledge of a complex web of laws. Here are a few basic principles.
A “Juvenile offender” is an alleged who has not yet reached their 16th birthday and has allegedly committed a serious crime, including violent felonies. A juvenile offender can be prosecuted as an adult criminal court. However, even in adult criminal court, the juvenile offender does not face the same penalties and sentences that an adult would face. The status as a Juvenile Offender is most often, but not always, sealed.
A “Youthful Offender’ is an alleged offender who is between the ages of 16 and 19 years old. If the alleged offender is convicted of a crime, the attorney can seek to have the Court grant “Youthful Offender” status. Upon being adjudicated a Youthful Offender, the record is sealed and the offender is not considered to have been convicted of a crime by the State of New York.
A Youthful Offender faces a maximum sentence of 1 1/3 to 4 years in prison.
There is yet the interplay of federal laws, such as immigration laws, to consider in some situations. It is, as always, important to consult with a knowledgeable attorney when a young person is charged with any offense.
You may contact Anthony LoBiondo at (845) 569-7600, or you may email Anthony LoBiondo at Anthony@LoBiondoLaw.com.
LEGAL FORUM – ASK A LAWYER
This week’s question: What is Education Law?
An Interview with Education Lawyer Anthony LoBiondo, Esq., LoBiondo Law Offices
Q: Anthony, can you tell our readers, what is “Education Law”?
A: “Education Law” covers a variety of matters. As a criminal defense attorney and former prosecutor with the Orange County District Attorney’s Office, I represent students who are facing disciplinary action which may have consequences from suspension to expulsion from school.
Q: What do parents today need to know about “Education Law”?
A: Parents need to know that a student has an absolute right to have an attorney represent him or her at all stages of a disciplinary investigation and/or hearing. Parents should also know that any adverse finding against a student may stay on the child’s permanent record, which can affect college applications, military recruitment efforts, and even the ability to be employed in certain fields.
Q: Can you give us a typical scenario of when you would become involved as an Education Lawyer?
A: I have represented students who have been charged with everything from getting into fights on school grounds to allegedly bringing a pocket knife into school, as well as some other very unique cases. Parents should educate their children on the fact that most schools have a “zero tolerance policy.” Both parents and students should read their Student Handbook very carefully. There have been cases in the State of New York, as well as outside of our state, where a young child has drawn a picture of a weapon, and this has led to disciplinary proceedings.
Q: What if there has already been a disciplinary proceeding and it did not go well — is it too late?
A: No. If there is an adverse finding at a hearing, there is a right to an appeal at the administrative level. In addition, there is a right to appeal the administrative determination to the courts. At that juncture, the parent would certainly need the assistance of an attorney.
Anthony LoBiondo has been practicing law for 22 years. He and his wife/law partner, Juliana LoBiondo, a family law attorney, are the owners of LoBiondo Law Offices, located at 36 North Plank Road in Newburgh. They reside in Newburgh with their two sons, ages 8 and 12. Anthony also has an active practice in the areas of criminal defense, DWI law, and personal injury. The LoBiondo’s offer free initial consultations and have Saturday hours by appointment.
The LoBiondo’s are very committed to the local community and local charities and not-for-profits, and also run the “LoBiondo Page” on Facebook, a Facebook blog which is dedicated to the community and family matters, and can be found at Facebook.