Waiver of counsel, 2014
A juvenile may waive his or her right to counsel only if the court determines after a hearing at which an attorney appears and participates and upon clear and convincing evidence that the juvenile understands the nature of the charges, possible dispositions, and possible defenses to the charges, and the juvenile possess the maturity, knowledge, and intelligence necessary to conduct his or her own defense, and the waiver is in the best interest of the juvenile.
- Restrictions on waivers
- No restrictions
- Reflects laws as of the end of 2013 legislative sessions.
Timing of counsel, 2013
In New York, an attorney for a juvenile can be appointed at the following points in the process: Custodial Questioning / Talk with Intake Officer; Detention Hearing / First Court Appearance / Arraignment; Once a Petition is Filed / Hearing on the Petition; All Stages of Proceedings / All Critical States of Proceedings. By statute, in New York, an officer can take a juvenile under the age of sixteen into custody without a warrant in cases in which he can arrest an adult. Such a juvenile must not be questioned unless he and a person required to be notified have been advised: (a) of the juvenile's right to remain silent; (b) that the statements made by the juvenile can be used in a court of law; (c) of the juvenile's right to have an attorney present at such questioning; and (d) of the juvenile's right to have an attorney provided for him without charge if he is indigent.
Indigency requirements, 2013
Organized at the local level (county/judicial district)
(Additional detail concerning the organization and administration of juvenile defense is available in a state profile from the National Juvenile Defender Center.)
Indigency is not determined legislatively
In New York, juvenile indigency is governed by juvenile statutes, juvenile case law, and adult statutes, which provide a determination of indigency. By statute, special juvenile law education / training / experience/ program for appointed juvenile counsel. Indigency is judicially determined. Court can / must appoint attorney for juvenile if parent cannot be located / parent refuses to go to juvenile.
Courtroom shackling, 2015
No statewide restriction
Sex offender registration, 2015
Does not register
In New York, the Family Court Act has provisions that align with the Dusky standard for juveniles alleged delinquent and believed to be incapacitated as a result of mental illness or developmental disability. General elements of the examination report are given, and the Chief Administrator of the courts must prescribe the form for the examination report used to assist with the determination. Court procedures are detailed with offense-level differences for disposition, treatment, and review.
No juvenile standard
Juvenile standard is the adult standard
Juvenile justice standard exists
JJ standard includes developmental immaturity