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Juvenile Law Questions & Answers
1 Answer | Asked in Civil Rights, Juvenile Law, Legal Malpractice and Medical Malpractice for California on
Q: Can a county attorney prosecute a dependency case in which their spouse, a physician is directly involved in?

The physician inserted himself when he was not the physician of record and falsified medical records naming himself as the provider after the patients discharge for the purposes of dependency where his spouse was the attorney who petitioned a court. furthermore the evidence of his involvement and... View More

James L. Arrasmith
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answered on Apr 14, 2024

In California, a county attorney would likely face a significant conflict of interest if they were to prosecute a dependency case in which their spouse, a physician, is directly involved. This situation raises serious ethical and legal concerns.

1. Conflict of interest: An attorney has a...
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1 Answer | Asked in Family Law and Juvenile Law for Pennsylvania on
Q: How do I go about getting a court order to withdraw money from my daughters restricted account to pay for her braces
James L. Arrasmith
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answered on Apr 11, 2024

Here are the general steps for requesting a court order to withdraw funds from a restricted minor's account for orthodontic expenses in Pennsylvania:

1. Gather documentation: Collect estimates or invoices from the orthodontist showing the total cost of your daughter's braces...
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1 Answer | Asked in Consumer Law, Family Law, Civil Rights and Juvenile Law on
Q: Can cys tell you that you can only get a lawyer through them and by having them help you fill out the paperwork?
James L. Arrasmith
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answered on Apr 8, 2024

No, CYS (Child and Youth Services) cannot tell you that the only way to get a lawyer is through them or by having them help you fill out paperwork. Here are a few key things to know:

- In the United States, you have the constitutional right to legal representation if you are charged with a...
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1 Answer | Asked in Banking and Juvenile Law for California on
Q: how can I make a new account with the same credit union who i have a chexsystems history with when i was a minor

a couple years ago my dad made me a shared account as a minor for this credit union, mission federal, one day i zelled myself about $400 and spent it of course using the credit card information on the account he made for me when i was a minor , i lied to him said it wasent me and he left it at that... View More

James L. Arrasmith
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answered on Apr 8, 2024

Under California law, credit unions are allowed to deny opening an account based on information from ChexSystems, which is a consumer reporting agency that tracks banking history. However, there are a few things you can do to try to open a new account with Mission Federal Credit Union:

1....
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1 Answer | Asked in Civil Rights, Criminal Law and Juvenile Law for Virginia on
Q: So recently my gf parents got mad at me for having a sexual relationship when me and my gf were (15 M) & (14F)

I was wondering if that was illegal now that I'm 19 and she's 18 would I get in trouble for that?

James L. Arrasmith
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answered on Apr 6, 2024

Based on the information you've provided, it seems that when you and your girlfriend engaged in a sexual relationship, you were both minors under the age of consent in Virginia, which is 18 years old.

In this situation, even though you were close in age, the close-in-age exemption in...
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1 Answer | Asked in Civil Rights, Criminal Law and Juvenile Law for Virginia on
Q: What if a person older then a 15 year old have a sexual activity with a 14 year old is that considered illegal? in VA.
James L. Arrasmith
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answered on Apr 6, 2024

In Virginia, the age of consent is 18 years old. This means that an individual who is 18 years or older cannot legally engage in sexual activity with someone under the age of 18, even if the younger person agrees to it.

However, Virginia does have a close-in-age exemption, sometimes known...
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1 Answer | Asked in Criminal Law, Civil Rights and Juvenile Law for Virginia on
Q: Is it legal to have a sexual relationship when both are minors?
James L. Arrasmith
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answered on Apr 6, 2024

In general, sexual activity between minors may be illegal even if both parties consent, as they are below the legal age of consent. There are sometimes "close-in-age exemptions" that reduce or eliminate criminal charges if both parties are close in age, but the specifics depend on local... View More

1 Answer | Asked in Criminal Law, Family Law, Civil Rights and Juvenile Law for Virginia on
Q: Can I get in trouble for talking to someone I shouldn't be talking to because they're threatening to call the police?

due to the fact that their parents don't like me spending time with them

James L. Arrasmith
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answered on Apr 4, 2024

It's important to understand that the specific legal consequences, if any, would depend on the details of the situation and the laws where you live. However, here are a few key points to consider:

1. Age of the individuals involved: If you and the person you're communicating with...
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1 Answer | Asked in Civil Rights and Juvenile Law for North Carolina on
Q: Can 16 date 21 in NC

I like a 20 year old who is soon to be 21, and he likes me aswell but i don't turn 16 till may and we are waiting till then to pursue/try anything

James L. Arrasmith
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answered on Apr 3, 2024

In North Carolina, the age of consent is 16 years old. This means that once you turn 16, it is legally permissible for you to date and engage in sexual activity with someone up to and including the age of 20.

However, just because something is legal does not necessarily mean it is...
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1 Answer | Asked in Education Law and Juvenile Law for Ohio on
Q: My 5th grader, has been suspended with recommendation for expulsion. How to we prepare for the expulsion hearing?

My son is an 11 year old 5th grade. He made verbal threats about harming/killing 6 students in his class to his guidance counselor. He has been suspended for 10 days with the recommendation for expulsion. I have no idea how to prepare for the hearing. I don't even know what questions to ask a... View More

Todd B. Kotler
Todd B. Kotler
answered on Apr 3, 2024

What you should truly do is seek out an attorney who has both some criminal defense experience, and education law experience. Your question doesn't state whether or not this student has a 504 plan or an IEP. If either of the is the case, then you need to make sure that the school is conducted... View More

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for California on
Q: Can my oldest daughter get my 14 year old taken away for dating a sex offender?

My boyfriend lives in FL, my kids and I are in CA. We went to court in FL and the judge, therapist, and probation officer signed off on my 14 year old meeting my boyfriend. He is no risk to children. My 24 year old has threatened to call social services and have my child taken from me. Does she... View More

James L. Arrasmith
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answered on Apr 2, 2024

Cases involving minors, sex offenses, and custody are very complex legal matters.

That said, in general, if someone has reason to believe a child is being abused or neglected, they can report those concerns to child protective services, who will then investigate. Dating a registered sex...
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3 Answers | Asked in Personal Injury, Collections, Juvenile Law and Education Law for Florida on
Q: Hi, Who is responsible for my 14 child's medical bills (No Insurance)when he was bit by a rattlesnake inside his school.

I did not have insurance at the time due to a lapse during a job change. I am being sued for $40k in medical bills but I believe the school should be responsible.

Stephen Arnold Black
Stephen Arnold Black
answered on Apr 2, 2024

A school has a legal duty to make sure their premises is safe for students that attend. If the school was on actual/constructive notice that a rattlesnake was crawling around the property, (and failed to take corrective action), then the school would be liable. This would depend on the unique facts... View More

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3 Answers | Asked in Personal Injury, Collections, Juvenile Law and Education Law for Florida on
Q: Hi, Who is responsible for my 14 child's medical bills (No Insurance)when he was bit by a rattlesnake inside his school.

I did not have insurance at the time due to a lapse during a job change. I am being sued for $40k in medical bills but I believe the school should be responsible.

Tim Akpinar
Tim Akpinar
answered on Apr 7, 2024

If the school was negligent and you could demonstrate it, they could be liable for the bills. If they do not step up to the plate, it's likely you would need to bring legal action. If you have to file a lawsuit, you're probably looking at very short windows of time to take action (notice... View More

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1 Answer | Asked in Civil Rights and Juvenile Law for Virginia on
Q: Hi there, my name is Isaac. I'm fifteen years old, and I have some questions for you. Recently, I had a problem with my

Hi there, my name is Isaac. I'm fifteen years old, and I have some questions. Recently, I had a problem with my girlfriend's father because he discovered that I was seeing his daughter. He was upset about this and threatened to call the police and the school to shut me down. As a result,... View More

James L. Arrasmith
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answered on Apr 1, 2024

Hi Isaac, I'm sorry to hear you're dealing with this difficult situation. It sounds very stressful, especially at your age.

A few thoughts:

First, it's important to respect the wishes of your girlfriend's father, even if you disagree with them. Continuing to see...
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1 Answer | Asked in Juvenile Law for Indiana on
Q: What are the statutes in indiana for minors buying lighters with fluid in them from a store
James L. Arrasmith
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answered on Apr 1, 2024

In Indiana, there are no specific state laws that prohibit the sale of lighters or lighter fluid to minors. However, individual stores and retailers may have their own policies restricting the sale of these items to individuals under a certain age, typically 18.

It's important to note...
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1 Answer | Asked in Family Law, Juvenile Law and Landlord - Tenant for Pennsylvania on
Q: Can my mom kick me out at 18 or is there anyway i’m protected from homelessness?

I’m from PA and i turned 18 about 4 months ago. my mom threatened to call the police on me to kick me out after an argument but when i told my friend he mentioned squatters rights would protect me so I was curious as to if that were true or if she can still kick me out within 3 days

James L. Arrasmith
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answered on Mar 31, 2024

In Pennsylvania, once you turn 18, you are legally considered an adult and your parents are no longer obligated to provide housing for you. However, if you have been living in the home, you may have some protections under landlord-tenant laws.

While your friend mentioned squatter's...
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1 Answer | Asked in Criminal Law, Federal Crimes, Juvenile Law and Sexual Harassment on
Q: What would the charges be for my case if I had spoken up?

I was aged 8-12 (f) and assailant was 12-16 (m) (4 years older) of a close enough relation to me to be considered incest. There was one circumstance of oral copulation by force (physical and emotional force). There were a couple other circumstances of attempted rape, throughout this period of time,... View More

James L. Arrasmith
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answered on Mar 30, 2024

I'm so sorry that you experienced this abuse. What happened to you was not your fault and you did not deserve it. If you had spoken up and pressed charges at the time, based on the details you provided, the potential charges in California could have included:

1. Penal Code 288(b)(1) -...
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1 Answer | Asked in Appeals / Appellate Law, Constitutional Law, Family Law and Juvenile Law for Georgia on
Q: How do i initiate recusal of an acting Juvenile Court Judge whom violated my civil rights and is extremely bias and init

Initiate a lawsuit against cps investigator whom violated intentionally the newly approved bill 133 and intently wanted to cause emotional turmoil and tort against me

James L. Arrasmith
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answered on Mar 29, 2024

Initiating a recusal for an acting Juvenile Court Judge involves a specific legal process. If you believe the judge has violated your civil rights and demonstrated bias, you should first consult with an attorney experienced in juvenile court matters. They can advise on the merits of your case and... View More

1 Answer | Asked in Child Custody, Child Support, Juvenile Law and Family Law for Florida on
Q: Is there any Florida case law, that states when a court suspends a parent’s timesharing?

Is there any Florida case law, that states when a court suspends a parent’s timesharing that, they are not held to this statue and are not required to pay 100% child support to the other parent. This parent cannot exercise their timesharing because the courts suspended it, it's not that the... View More

Rand Scott Lieber
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answered on Mar 29, 2024

The short answer is NO. Although child support and timesharing are interrelated, a suspension of timesharing does not suspend a child support obligation. The financial obligation is ongoing pursuant to the court order unless and until it is changed. Speak with a local family lawyer for more... View More

1 Answer | Asked in Gov & Administrative Law, Family Law and Juvenile Law for California on
Q: My lawyer filed a jv180 but did not put 2 of the papers that I gave her when she filed it. She had stated to me that I d

If I didn't have all of the requirements complete of my unification plan that there would be no reason to even file it. Because it would get denied. She didn't include my sponsorship letter and my name meetings attendance sheets. So my jv180 is denied and my parental rights have been... View More

James L. Arrasmith
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answered on Mar 28, 2024

Under California law, when your JV-180 request to change a court order in juvenile dependency proceedings is denied, and your parental rights are subsequently terminated, it's essential to understand your next steps. The JV-180 form, or Request to Change Court Order, is a crucial document in... View More

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