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Juvielle or Adult? Son was 17 when crime occured but turned 18 before he was arrested for it?

Johnstown, NY |

He was 17 when he used the card the step mom didn't know who used it so she denied charges she had to sign statement with CC company and now it has been under investigation. The card was traced back to being used to put minutes on a cell phone which does not belong to my son but his girlfriend. The other charges were for google purchases which my son says are not his. not sure what else you would need to know.

Attorney Answers 4


  1. Either way, he is an adult at 16 for these charges.

    Joseph A. Lo Piccolo, Esq.
    Immediate Past President, Criminal Courts Bar Association 11'-12'
    Hession Bekoff & Lo Piccolo
    1103 Stewart Ave, Suite 200
    Garden City, NY 11530
    516-408-3666 (o) / 516-408-3833 (f)
    Jlopiccolo@hbclaw.net

    I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.


  2. Depending on his criminal history he may be eligible for youthful offender which would result in no criminal record. I suggest you hire a good criminal defense lawyer as the case may be defensible.

    I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. Feel free to check out my web site and contact me. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.


  3. Probably adult, but he could possibly obtain a Youthful Offender status.


  4. At 17, he is an adult for prosecution purposes. If the crime with which he is charged is a misdemeanor, then youthful offender adjudication for a first timer is mandatory. If it is a felony, then it is discretionary if convicted. Juvenile only applies for a person UNDER 16 years of age.

    If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.

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