Legal Opinion
In re Gifford
New York City Family Court
Decided April 6, 1982PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Edward J. McLaughlin, J.
When the Department of Probation has, in a timely manner, completed its attempts at adjusting a juvenile delinquency petition and the County Attorney has not acted within 30 days to disapprove of the petition, failure on the part of anyone to file a juvenile delinquency petition for 11 months after the adjustment period ended must result in the dismissal of the petition. Both the clear statutory scheme set forth in article 7 of the Family Court Act and the fundamental fairness required by the concept of due process of law are defeated by such a…
2Cases cited18 opinions
- In Re WINSHIPSupreme Court of the United States · 1970
- In Re GAULTSupreme Court of the United States · 1967
- United States v. MarionSupreme Court of the United States · 1971
- Caminetti v. United StatesSupreme Court of the United States · 1917
- McKeiver v. PennsylvaniaSupreme Court of the United States · 1971
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3Cited by2 opinions
- In re D.H.District of Columbia Court of Appeals · 1995
- In Re DHDistrict of Columbia Court of Appeals · 1995