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Who Gets New York
"YOUTHFUL OFFENDER" STATUS?
What does it mean?
If you have never been charged with a crime before ---then you will qualify for MANDATORY Y.O. status. This is a good thing. This means that no matter what happens in the course of the case -- you will NOT get a permanent criminal conviction on your record.
In New York state, a misdemeanor or felony conviction will be on your permanent record for LIFE. There is no expungement of criminal records in New York. I doubt there ever will be. That means that criminal charges are incredibly serious because having a record can prevent you from getting into colleges, from getting good jobs, and make many professional paths impossible.
Youthful Offenders are also called "Juvenile Offenders."
This particular law is listed under Section 720.20 of the New York Criminal Procedure Law which sets forth the circumstances under which a court may make a finding that a person is classified as a youthful offender.
For misdemeanor convictions, such as first time DWIs, CPL § 720.20 states:
Upon conviction of an eligible youth, the court must order a P.S.I. (pre-sentence
Investigation) of the defendant. After receipt of a written report of the investigation
(interview) and at the time of pronouncing sentence the court must determine whether or not the eligible youth is a Y.O., youthful offender. Such determination shall be in accordance with the following criteria:
Where the conviction is had in a local criminal court and the eligible youth had not prior to commencement of trial or entry of a plea of guilty been convicted of a crime or found a youthful offender, the court MUST find he is a youthful offender.
So in summary, no prior criminal convictions and no prior status as a Y.O. --CPL § 720.20(d) provides that when an individual is found to be a youthful offender, " the court must direct that the conviction be deemed vacated and replaced by a youthful offender finding; and the court must sentence the defendant pursuant to section 60.02 of the penal law."
Youthful Offender status ALSO means that the Court orders the records to be sealed from the public.
*Please note that public school officials will be notified (only the notice of adjudication). This notice is kept apart from all other school records and documents. Y.O. status also means that there is no conviction of a crime or any other offense.
Section 60.02(1) of the Penal Law limits the maximum sentence that may be imposed upon an individual adjudicated a youthful offender who otherwise would have been convicted of a misdemeanor to "a definite or intermittent sentence of imprisonment with a term of no more than six months…”
HOW DOES YOUTHFUL OFFENDER AFFECT A DWI CHARGE IN NEW YORK?
An unusual benefit of being a Youthful Offender for a DWI is that it is more beneficial to plead guilty to the criminal misdemeanor VTL 1192 (2) or (3) than to have a lower traffic violation of the DWAI "Driving While Ability Impaired by Alcohol" VTL 1192 (1). [this is only true for YO cases]
This is true for a number of reasons:
1. The loss of license will be the same under 21 years of age= one year.
2. The government (the prosecutor) cannot use the DWI against you for future enhancements of DWI. So no use of the DWI as a predicate offense (so even if got charged with another DWI after age 19--they cannot charge you with a felony offense).
3. Sentencing guidelines for the DWI will be restricted by the YO status. (lesser sentences than normal)
The only negative for a YO DWI is the increased fines for a DWI than for a DWAI.
If you are aged 16-18 years and 30 days--then you could potentially qualify for YOUTHFUL OFFENDER treatment in New York Courts.
Call us at 607-229-5184 to discuss your case.
DWI or criminal charge.
By Attorney Mike Cyr
www.ithacadwi.com
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Email: mike.ithacadwi@gmail.com
Phone: 607-229-5184
