Legal Question in Family Law in New York
Family law-NYS PINS petition
Is there a minimum number of allegations that are needed for a PINS petition? (ex. at least two...)
1 Answer from Attorneys
Re: Family law-NYS PINS petition
Under NY Family Court Act section 311.1,
"2. A petition shall charge at least one crime and may, in addition, charge in separate counts one or more other crimes, provided that all such crimes are joinable in accord with section 311.6.
3. A petition must contain:
(a) the name of the family court in which it is filed;
(b) the title of the action;
(c) the fact that the respondent is a person under sixteen years of age at the time of the alleged act or acts;
(d) a separate accusation or count addressed to each crime charged, if there be more than one;
(e) the precise crime or crimes charged;
(f) a statement in each count that the crime charged was committed in a designated county;
(g) a statement in each count that the crime charged therein was committed on, or on or about, a designated date, or during a designated period of time;
(h) a plain and concise factual statement in each count which, without allegations of an evidentiary nature, asserts facts supporting every element of the crime charged and the respondent's commission thereof with sufficient precision to clearly apprise the respondent of the conduct which is the subject of the accusation;
(i) the name or names, if known, of other persons who are charged as co-respondents in the family court or as adults in a criminal court proceeding in the commission of the crime or crimes charged;
(j) a statement that the respondent requires supervision, treatment or confinement; and
(k) the signature of the appropriate presentment attorney."
So to answer your question, there must be a minimum of one allegation.
Mike.