Family Court Act, Article 3, Juvenile Delinquency Part 7, § 370.1: Securing the Attendance of Witnesses; Securing Certain Testimony

When a minor who is over the age of 7, but less than the age of 16 is suspected of committing a crime, the case is not handled in Criminal Court, but in Family Court. The case begins when the government files a petition with the Family Court alleging that the minor is a juvenile delinquent because he or she committed a delinquent act. Because the proceeding is not a criminal proceeding many of the procedural rules are different from the rules used in Criminal Court. However, there are some rules that are the same. For example, New York has specific rules related to securing the attendance of witnesses and testimony at criminal trials. Under Family Court Act, Article 3, Juvenile Delinquency, Part 7, § 370.1, New York criminal procedure laws related to:

1. Securing of attendance of witnesses by material witness order,
2. Securing of testimony for use in a subsequent proceeding, and
3. Securing the attendance of witnesses from without the state are applicable to juvenile delinquency cases.

Jonathan F. was alleged to have committed acts which, were he an adult, would constitute the crime of robbery in the second degree. The presentment agency alleged that 15-year-old Sharona D. possesses material information relating to the robbery and that she was evading attempts to contact her to testify. Pursuant to New York Criminal Procedure Law § 620.30(2)(b), the court issued a warrant and Sharona D. was taken into custody.

1. Order upon termination of a delinquency action in favor of the respondent: New York Family Court Act, Article 3, Juvenile Delinquency, Part 7, § 375.1
2. Motion to seal after a finding: New York Family Court Act, Article 3, Juvenile Delinquency, Part 7, § 375.2
3. Expungement of court records: New York Family Court Act, Article 3, Juvenile Delinquency, Part 7, § 375.3
4. Material witness order; commencement of proceeding by application; procurement of appearance of prospective witness. New York Criminal Procedure Law § 620.30

1. The provisions of article six hundred twenty of the criminal procedure law concerning the securing of attendance of witnesses by material witness order shall apply to proceedings under this article.
2. Article six hundred sixty, six hundred seventy and six hundred eighty of the criminal procedure law concerning the securing of testimony for use in a subsequent proceeding, the use of testimony given in a previous proceeding and the examination of witness by commission shall apply to proceedings under this article.
3. The provisions of the uniform act to secure attendance of witnesses from without the state in criminal cases, as incorporated in article six hundred forty of the criminal procedure law, shall apply to proceedings under this article.

If your child is a respondent in a juvenile delinquency proceeding, it is important that he or she is represented by experienced counsel. Should your child be adjudicated to be a juvenile delinquent an order of disposition will be issued that may require that your child be placed on probation, be placed on conditional discharge, or that he or she be required to live elsewhere for over a year. The staff at Stephen Bilkis & Associates, PLLC has years of experience successfully representing juvenile clients in New York Family Court as well as in criminal court who have been accused of committing misdemeanors and felonies. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We serve those involved in juvenile delinquency matters in the following locations: