Article 3: Juvenile Delinquency Key Points

A comprehensive set of vocabulary flashcards covering New York Article 3 juvenile delinquency laws, including jurisdiction, venue, procedural time limits, and disposition outcomes.

Jurisdiction (Article 3)

Exclusive original.

Venue

Where acts occurred, but can later transfer to the respondent's county of residence.

Adjustment period

Up to $3$ months, with the Court able to extend for another $2$.

Presentment Agency (Petitioner)

City Corporation Counsel or County Attorney; District Attorney in certain situations.

Respondent (Age Qualifications)

A child between $7-16$ when acts occurred; currently no older than $18$ for delinquency or $20$ for a Designated Felony.

Fingerprinting age (Class A/B felony)

Age $12$ or older.

Fingerprinting age (Class C/D/E felony)

Age $13$ or older.

Summons Timeframe

$24$ hours.

Warrant issuance criteria

Ineffectual service of summons; respondent didn't obey summons; respondent likely to leave jurisdiction; or respondent fails to appear during proceedings.

Appearance Ticket (Designated Felony)

$72$ hours, not counting holidays or weekends.

Appearance Ticket (Non-designated)

$14$ days.

Pre-petition Detention limit

Earlier of next court day or $72$ hours.

Initial Appearance (No detainer)

Within $10$ days of filing.

Initial Appearance (Detained)

Earlier of next session or $72$ hours from filing.

Fact-finding Period (Detained: A/B/C felony)

$14$ days.

Fact-finding Period (Detained: other offenses)

$3$ days.

Fact-finding Period (Not detained)

$60$ days.

Fact-finding Adjournment (Court/Petitioner request)

$3$ days if detained; $30$ days if not detained.

Fact-finding Adjournment (Respondent request)

Always $30$ days.

Disposition Timeline (Detention, no Designated finding)

$10$ days.

Disposition Timeline (All other cases)

$50$ days.

Bill of Particulars (Request)

Within $30$ days of initial appearance.

Bill of Particulars (Response)

Within $15$ days of request.

Respondent Pre-trial Motions

Within $30$ days of first appearance.

Alibi Notice/Rebuttal Period

Demand within $15$ days; notice in $10$ days; rebuttal witness list in $10$ days.

Fact-finding Burden of Proof

Beyond reasonable doubt by competent, relevant, and material proof.

Disposition Burden of Proof

Finding that Respondent needs supervision, confinement, or treatment, by preponderance of relevant and material proof.

Adjournment in Contemplation of Dismissal (ACD)

$6$ months.

Placement duration (Misdemeanor)

$12$ months.

Placement duration (Felony)

$18$ months.

Designated Felony Class A restrictive disposition

$5$ years total (initial secure = $12-18$ months; residential facility = $12$ months).

Probation duration

$2$ years (can be extended $1$ more year on exceptional circumstances).

Conditional Discharge

$1$ year.

Restitution amount

$1,500$ if the respondent is over $10$ years old.