Legal Services
Laws and You
Each state has particular laws that deal with acts committed by youth and adults. Just because someone is under a certain age (16 in New York State) and considered a juvenile does not mean that laws do not apply to them. A criminal record can affect you later in life. If you have a record, some schools or employers may not accept you. What you might think is a harmless prank or “no big deal”, could hurt your future.
Alcohol, Drugs and Driving
In New York State the penalty for a first offense conviction of driving while intoxicated may include jail time, a fine, loss of driving privileges and a requirement to participate in a drug or alcohol treatment program. In addition to the criminal penalties, it is likely that insurance rates of the convicted driver will be higher for a period of up to ten years. Depending on the situation, your parents may be responsible for any penalties, fines or damages.
Alcohol Laws
It is against the law to serve or permit liquor to be served to minors (under 21) anywhere, including in the home. It is against the laws for minors to have alcohol in their possession in a public place or in a car at any time. Anyone over the age of 16 who helps a minor to obtain alcohol can be charged with a felony crime punishable by imprisonment and/or a fine.
Arrest
If you, or someone you’re with, are stopped or picked up by the police, here are things you need to know.
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Do not resist arrest. The most important thing to do is cooperate. Your attitude and cooperation will have direct effect on how you are treated.
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You do not need to say anything to the police in answer to their questions without your parent present (if fewer than 16) and/or advice from an attorney. You will be asked to give the police your name, address, phone number, date of birth, parent or guardian’s name and how to reach them. Beyond this, you do not have to volunteer anything.
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You do not need to sign anything without advice from your parents (if under 16) or an attorney.
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If you give permission to any search, you are allowing the police to fully search you.
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You have the right to a lawyer. If you cannot afford one, the court will appoint one for you.
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Ask the police to call your parents or other adults.
DASA (Dignity for All Students Act)
New York State's Dignity for All Students Act (The Dignity Act) seeks to provide the State's public elementary and secondary school students with a safe and supportive environment free from discrimination, intimidation, taunting, harassment, and bullying on school property, a school bus and/or at a school function.
Legal Services
Laws and You
Drug Laws
The possession or use of marijuana is against the law and penalties include fine, probation or jail. The penalties for offenses involving hard drugs, such as cocaine, speed, heroin and crack or large amounts of marijuana, can be very serious, especially when a federal law is broken. The selling of illegal drugs is a very serious offense. This is also true of the illegal use, possession or sale of prescription drugs.
Internet Safety
Internet Safety Laws. A federal law, the Children's Online Privacy Protection Act (COPPA), was created to help protect kids younger than 13 when engaged in online activities. It's designed to keep anyone from getting a child's personal information without a parent knowing about it and agreeing to it first.
Pranks
A simple prank, such as removing hubcaps or spraying graffiti, can bring a serious charge of theft or vandalism against you. You may be arrested. Penalties can include a fine, restitution (pay for damages), probation or jail time.
Sexting
The act of sexting, sending explicit messages and photos via phone, is considered illegal in New York City and can, in fact, result in child pornography charges. Originally, this law was used to hold adults accountable for exploiting children, but the law may also apply to two consenting teenagers in certain circumstances. With technology as widespread and instantaneous as it is, the issue of sexting in the younger generation has since become more of an issue.
Theft
Taking things that do not belong to you without the permission of the owner is theft. Theft is also referred to as a crime of “stealing”. When items stolen are taken from a store, it is often called “shoplifting”. There is no difference between shoplifting and theft.
Vehicular (Car) Injury or Manslaughter
If you are driving while intoxicated and injure or cause the death of another person (manslaughter), you may be charged with a felony crime. If convicted, you may be fined, put on probation and/or imprisoned.
Weapons Laws
Unlawful use of a weapon is a possible felony under New York State law. Using a dangerous weapon in committing a crime can lead to life in prison. The law’s definition of a “weapon” includes guns (all types), switchblades, gravity knives, sticks, cane swords, and concealed blades (for example, a razor blade). An item such as a nail file can be viewed by police and the courts as a weapon, depending upon how it is used. A person who is stopped by the police and found to have a gun or other weapon can be arrested and charged with possession of a concealed weapon without the proper permit.
LAWNY (Legal Assistance of the Western NY, Inc.)
361 South Main Street Geneva, NY 14456
Bilingual staff (Spanish)
Free legal services to low‐income people and other vulnerable populations for civil law matters.
Services: Landlord/Tenant Matters; Foreclosures; Consumer issues; Legal Advocacy for DV victims; Education Law; SSDI/SSI denial appeals; Unemployment Insurance Benefits; Civil cases for veterans; Pro Se Divorces; and Elder Law
1 (866) 781‐LAFL (5235) or (315) 781‐1465
Ontario County Youth Court
Ontario County Youth Court is a voluntary alternative to the traditional criminal justice system for young people who have committed certain violations, misdemeanors or have breached a student code of conduct. The goal of the Youth Court is to intervene in early anti-social or delinquent activities, reduce the incidence and teach new behaviors and coping skills. This peer-based program is designed to promote education about the judicial process, promote accountability for actions and reinforce responsibility to society through community service and educational sentencing.
5297 Parkside Drive, Suite 307, Canandaigua, NY 14424
(585) 396-4554 or (585) 396-4519
