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THE EIGHT-AND-A-HALF-MONTH DELAY BETWEEN THE JUVENILE’S ARREST AND THE FILING OF THE JUVENILE DELINQUENCY PETITION DEPRIVED THE JUVENILE OF DUE PROCESS OF LAW (SECOND DEPT).

The Second Department, reversing the order of disposition in this juvenile delinquency proceeding, determined the juvenile, Adonis J W, was deprived of his constitutional right to due process by the eight-and-a-half-month delay between his arrest and the filing of the petition:

“The due process right to a speedy trial extends to respondents in juvenile delinquency proceedings” … . “An unreasonable delay in prosecuting a juvenile delinquency proceeding following a respondent’s arrest can constitute a violation of due process” … . “To determine whether a respondent’s due process rights were violated by a delay in filing, the court must engage in a balancing of factors, including the extent of the delay, the reason for the delay, the nature of the underlying charge, whether there has been an extended period of pretrial incarceration, and whether there is any indication of prejudice to the defense resulting from the delay” … . “When applying this balancing test, ‘courts must remain acutely cognizant of the goals, character and unique nature of juvenile proceedings'” … . “‘[T]he central goal of any juvenile proceeding—rehabilitation of the juvenile through prompt intervention and treatment—can seem trivialized when a presentment agency delays the filing of a petition'” … .

Here, while the charges were serious and Adonis J. W. did not demonstrate any actual prejudice to his defense attributable to the delay in filing the petition, the presentment agency failed to establish a legitimate reason for the delay. Additionally, the ultimate goal of promptly treating and rehabilitating Adonis J. W. was not furthered by permitting a fact-finding hearing on the petition following the unjustified delay. Matter of Adonis J. W., 2025 NY Slip Op 02788, Second Dept 5-7-25

Practice Point: The constitutional speedy trial rights apply to juvenile delinquency proceedings.

 

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