Legal Question in Criminal Law in New York

petty larceny

Is a 17 year old charged as an adult in a petty larceny charge? If so, is it their income that determines whether an attorney will be appointed for them? If they are considered a minor and both parents speak on their behalf and it is a first time offense on a student in good standing can the parents request an ACD when they see the DA or must a lawyer do so?


Asked on 11/01/04, 1:29 pm

2 Answers from Attorneys
Valerie Masters Valerie Masters, P.A.

Re: petty larceny

Although I trained in New York I practice in Florida - so I can only answer what would happen in Florida. A minor can be charged as an adult but the parents assests would be used to determine indigency. A court appointed lawyer represents the minor not his parents. Assuming a lawyer is appointed, he/she will request the ACD. PArents should not communicate directly with the D.A. Everything goes through the lawyers. The D.A. probably wont talk with parents.If the court does not appoint counsel, a lawyer should be hired. I can refer you if you like. Valerie Masters

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Answered on 11/01/04, 2:29 pm
Robert Evans Robert S. Evans esq.

Re: petty larceny

A seventeen year old is not considered emancipated by the courts, that being said the parent's income is considered when determining eligibility for free counsel.The second issue ,an attorney is required to conference the case with both the court and the D.A.and it is this attorney who uses his or her experience to obtain the best possible result. Do not in this stage of your child's life allow money to be a consideration.I am a criminal defense attorney and you may call my office for a free consultation @718-834-0087

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Answered on 11/01/04, 5:49 pm


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