Introduction to Delinquency Practice: The Role of Defense Counsel

• Author: Anthony G. Amsterdam/Martin Guggenheim/Randy A. Hertz
• Profession: University Professor and Professor of Law at New York University/Fiorello LaGuardia Professor of Clinical Law at New York University School of Law/Professor of Clinical Law at NYU School of Law
• Pages: 3-10

3

CHAPTER 2

INTRODUCTION

TO DELINQUENCY

PRACTICE: THE ROLE OF

DEFENSE COUNSEL

§ 2.01 Overview of the Chronology

of a Delinquency C ase

§ 2.01(a) First Stage: Representation of Clients Prior to the

Initia l Hear ing

Although defense attorneys normally begin their repre sentation of a client at the child’s

first court appearance—which is commonly called the “Initia l Hearing”—there are

some instances in which a defense attorney may become involved in a delinquency case

prior to the child’s first appearance in court.

The attorney may be telephoned by a parent or other relative of a child, who reports

that the child was just a rrested and is presently at the police station. This scenar io, which

is described and analyzed i n §§ 3.13–3.25 infra, requires prompt action on the attor ney’s

part. Counsel wi ll need to go to the police station immediately to protect the client’s

rig hts and , most impor tant, to prev ent the client from m aki ng inc rimi natin g stat ements .

Thereafter, if the police refuse to release the child and send him or her to a juvenile

detention facility pending I nitial Hearing, counsel may be able to persuade t he facility

administrator to exercise his or her discretion to release the child. See § 3.24 infra.

If the attorney is contacted by the child or his or her parent at the time of arrest or

any time prior to the chi ld’s first appearance in court, counsel also may be able to play

a role in the probation intake process. See §§ 3.26 –3.28 infra. This proce ss can be vital,

since in many jurisdictions the Probation Depart ment has the discretion to dismiss, or

at least to recommend dismissal of, cases ot her tha n certain statutorily enumerated felo-

nies. And even when the Probation Depar tment does not play any role in the decision

to prosecute, the probation interv iew can be crucial bec ause the information elicited at

that interview w ill shape the Probation Depart ment’s recommendation about whether

the child should be released or detained pendi ng trial.