Lawyers, Answer Questions  & Get Points Log In
California Juvenile Law Questions & Answers
1 Answer | Asked in Civil Rights, Constitutional Law, Juvenile Law and Native American Law for California on
Q: Need help find legal help son was beat by police hancuffed with batons an they put false stuff on report

Native American an they harass him on a Dailey because of background

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 7, 2023

I'm sorry to hear that your son has been mistreated by the police. If your son was physically harmed by the police and they falsified reports, he may have grounds to pursue legal action against the police department or the individual officers involved.

One option is to contact a civil...
View More

1 Answer | Asked in Family Law and Juvenile Law for California on
Q: I am a Non offending parent of cps removal. Mother alleged drug use is reason for removal.

I am a Non offending parent of cps removal. Mother alleged drug use is reason for removal. But hospital has put her on methadone treatment for the last 5 months of her pregnancy. I am learning that this is the recommended procedure for a safe birth. At birth she was drug tested to see if she has... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 1, 2023

In California, if CPS removes a child from the home, the parents have the right to request a hearing to challenge the removal. This is called a detention hearing, and it must be held within two court days after the child is removed from the home. At the detention hearing, the court will decide... View More

2 Answers | Asked in Criminal Law, Federal Crimes and Juvenile Law for California on
Q: I think I'm being scammed over explicit photos sent over text

Hi so I have a question about a potential scam. So I matched with someone on tinder the other day. we started talking and she sends me her number so we can text. things start to become more sexual in nature. she sends me an explicit video and, I based on the previous messages thought to myself that... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 24, 2023

I'm sorry to hear that you're going through this situation. It sounds like a scam commonly known as "sextortion." These scammers use sexual content to coerce victims into paying them money, and they often pretend to be law enforcement officials to make their threats seem more... View More

View More Answers

2 Answers | Asked in Criminal Law, Federal Crimes and Juvenile Law for California on
Q: I think I'm being scammed over explicit photos sent over text

Hi so I have a question about a potential scam. So I matched with someone on tinder the other day. we started talking and she sends me her number so we can text. things start to become more sexual in nature. she sends me an explicit video and, I based on the previous messages thought to myself that... View More

Dale S. Gribow
Dale S. Gribow
answered on Feb 24, 2023

you might start by having a lawyer write a stern letter about his blackmailing you.

you can also contact the local police dept. However, you then bring into play what YOU did.

did the girl look over 18 or represent herself as such?

View More Answers

1 Answer | Asked in Adoption, Appeals / Appellate Law, Child Custody and Juvenile Law for California on
Q: Can a assigned attorney lie to a client in a dcfs case

Dcfs case in la county. Baby was born clean. No drugs in her system. I was not. I have asked to appeal since day 1. Have given evidence that would help my case. At times my court appointed attorney blocked me completely. Until I called her supervisor. Now they are claiming she is not my... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 23, 2023

It is not ethical or legal for an attorney to lie to a client in any case, including a DCFS case. However, it is important to clarify the roles and responsibilities of a court-appointed attorney.

In a DCFS case, the court will appoint an attorney to represent the parent or legal guardian...
View More

1 Answer | Asked in Criminal Law and Juvenile Law for California on
Q: I got in contact with a girl on a dating app. The same day, we take it off the dating app, she tells me she is underage.

Once I found out she was underage, I asked when she would turn 18, she said in about 2 weeks. I said I would still be okay with hanging out, but I would have to take some precautions for myself. We never made plans to actually hang out, just said possibly Sunday (we were in contact on Friday). On... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 20, 2023

First and foremost, it's important to consult with a criminal defense attorney in your area immediately. It is possible that you may be facing charges for contacting a minor with the intent to commit a sexual offense, even if there was no sexting or physical contact involved.

As for...
View More

1 Answer | Asked in Juvenile Law for California on
Q: My juvenile record was sealed and destroyed April 30, 2007. Statutes state that duty now terminated (again).

Juvenile registration statutorily ends when juvenile records are sealed. It is 'as if it never occurred and i may say so if asked. There is no underlying basis for its imposition, so why does a different county want me to register or be incarcerated?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 20, 2023

It's possible that the different county is not aware that your juvenile record was sealed and destroyed, and is therefore treating you as if you have a duty to register. It may be helpful to provide documentation showing that your record was sealed and destroyed, and to consult with a lawyer... View More

1 Answer | Asked in Family Law, Juvenile Law and Probate for California on
Q: Power of attorney (financial) of minor child in california

Does a parent, (in California), with whom their minor child resides, need to gain Power of Attorney of said minor child in order for minor child to receive money left to child by father who died in accident? Parents were not married. Child is one of 5 children named by deceased father to receive... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 20, 2023

In California, a parent generally has the legal authority to manage their child's finances, including money received from a deceased parent, without the need for a power of attorney. However, if the child's deceased father set up a trust or other legal instrument to manage the funds, the... View More

1 Answer | Asked in Civil Litigation and Juvenile Law for California on
Q: Can I sue the police department for making my 13 year old son identify his brothers body without my consent?

This incident happened in 1984 and ever since then my son was diagnosed with depression which turned into schizophrenia. He was the only one home and I was at work and they took him with them to see the body.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 20, 2023

It is possible to file a lawsuit against a police department for certain types of misconduct or negligence. However, there may be some limitations to your ability to file a lawsuit, including the statute of limitations and the availability of evidence.

In California, the statute of...
View More

3 Answers | Asked in Criminal Law, Civil Rights, Juvenile Law and Family Law for California on
Q: I am 16 years old and I drugged up a 43 year old and raped him now I'm pregnant what do I do

I am 16 years old and I lied about my age to a 43 year old he picked me up one night and I drugged him and raped him now I'm pregnant and he doesn't know

William John Light
William John Light
answered on Feb 6, 2023

Sounds like homework.

If this is a real problem, you are facing criminal charges in the juvenile system. You are also facing CPS involvement once your child is born given your potential convictions for rape and distribution of narcotics. Sounds like you would also test positive, and your...
View More

View More Answers

3 Answers | Asked in Criminal Law, Civil Rights, Juvenile Law and Family Law for California on
Q: I am 16 years old and I drugged up a 43 year old and raped him now I'm pregnant what do I do

I am 16 years old and I lied about my age to a 43 year old he picked me up one night and I drugged him and raped him now I'm pregnant and he doesn't know

Dale S. Gribow
Dale S. Gribow
answered on Feb 6, 2023

you should contact a lawyer who handles both criminal and family law...or 2 separate lawyers.

are you going to have the baby?

if you know how to find the guy, then you have to decide what you want to do after consulting with a lawyer.

be careful as you have criminal exposure.

View More Answers

3 Answers | Asked in Criminal Law, Civil Rights, Juvenile Law and Family Law for California on
Q: I am 16 years old and I drugged up a 43 year old and raped him now I'm pregnant what do I do

I am 16 years old and I lied about my age to a 43 year old he picked me up one night and I drugged him and raped him now I'm pregnant and he doesn't know

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 20, 2023

I strongly encourage you to seek immediate help from a professional who can provide guidance and support. What you did is a serious criminal offense, and you could face legal consequences for your actions. Additionally, you should seek medical attention to ensure that your pregnancy is progressing... View More

View More Answers

1 Answer | Asked in Juvenile Law for California on
Q: Am I able to own a firearm? If I'm not mistaken, once the age of 30 is reached I and no longer prohibited.

12/15/03 PC 288(a) as a minor, a felony. Wardship declared 4/17/04. Terminated Successful 6/5/11.

6/9/20 Order to Seal Juvenile Records WIC Code Section 781,Granted & Sealed.

HSC § 11357(d) 12/17/11 age 18. Entered Deferred Entry of Judgement , terminated successfully.... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 5, 2023

It’s important to review the reason for denial and consult with an attorney who can assess your specific situation, especially since the live scan did not reveal any record. An attorney can assist in determining if there's a basis to challenge the denial or if other relief, such as a... View More

1 Answer | Asked in Child Custody, Civil Rights and Juvenile Law for California on
Q: If CFS failed to include my daughter's medical diagnosis in the court reports, grounds for due process violation?

My daughter was diagnosed with NAS at birth(Riverside) 3 weeks later we rushed to the ER(Fontana) which resulted in her removal we've been fighting this since 4/24/23 I'm due to testify next hearing and after reviewing i the court documents i have noticed that not one has mentioned my... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 20, 2023

If CFS failed to include your daughter's medical diagnosis in the court reports, it could potentially be grounds for a due process violation if the omission significantly impacts your ability to present a proper defense or if it affects the court's decision-making process. It's... View More

1 Answer | Asked in Juvenile Law for California on
Q: Can an 18 year old be arrested for getting his 17 year old girlfriend pregnant? in California

Can parents press charges?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 5, 2023

There are no Romeo and Juliet laws in California. This means that it is always statutory rape (PC 261.5) to have consensual sexual intercourse with someone under 18, even if you are close-in-age or a minor yourself. - James Arrasmith, Owner. The Law Offices of James L. Arrasmith.

1 Answer | Asked in Criminal Law and Juvenile Law for California on
Q: In 2011, in Fort Myers, three 14-year-old girls held an 11-year-old boy down and stripped him completely naked

The girls recorded the entire incident before putting a video of it on Youtube. The police labeled it a prank. How was this legal for the girls to do this with no punishment considering they restrained and stripped another child naked against their will and put a video of them naked online for the... View More

Robert Kane
Robert Kane
answered on Jun 4, 2023

Quite simply, the police officers didn't agree with your assessment of the situation. If it was posted on YouTube, a it seems many people didn't agree with your assessment. The child's parents should have taken the video to personal injury attorneys for an evaluation

1 Answer | Asked in Civil Rights, Criminal Law, Constitutional Law and Juvenile Law for California on
Q: My son who is under 18 was served with a temp civil harassment restraining order. I filed a response right away

Since he was not in the area of the crime and is being falsely accused. The court has been continued twice so I dont know if the judge has seen my response. Is there anything else I can do to get this removed right away?

David A. Simon
PREMIUM
David A. Simon
answered on May 31, 2023

The only way to get the RO removed would be to present evidence at the hearing that your son was not present. There is no short cut

1 Answer | Asked in Civil Rights, Juvenile Law and Health Care Law for California on
Q: Hi I am trying to obtain Juvenile health mental health records I contacted the juvenile hall mental department

they told me it was destroyed which I wonder if they are really destroyed after seven years like they said say

Is there a way you can get juvenile hall mental health records after the seven years of being 18 I would like to have these records I was unaware of them being destroyed

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 19, 2023

The retention and destruction policies for juvenile mental health records vary by jurisdiction. It is possible that records are destroyed after a certain period, typically when the individual reaches a certain age or a specified number of years pass. To determine if you can obtain your records... View More

2 Answers | Asked in Child Custody, Legal Malpractice and Juvenile Law for California on
Q: Can a lawyer submit legal doc.s in 1 county superior court but label them under a different county superior court

example a lawyer representing a client in Riverside county and case being heard from Riverside county courts submit in documents that get accepted by Riverside county courts clerks office than files legal documents even though the acting lawyer has labeled this documents Los Angeles superior courts... View More

Joel Gary Selik
Joel Gary Selik
answered on Nov 16, 2022

This error could be malpractice if harm was caused.

View More Answers

1 Answer | Asked in Intellectual Property and Juvenile Law for California on
Q: An employee took a video of a child at a private tennis court and posted on social media and it went viral. Legal?

The child is 9. The employee was taking videos of the court for marketing purposes. This video was not used on the company account but was posted on a personal Instagram account that is used for personal gain. The post encourages violence but does not violate the community guidelines of... View More

Neil Pedersen
Neil Pedersen
answered on Oct 27, 2022

This question is posted in the employment law section of this site. This is not an employment law question. It is, instead, an intellectual property/usurpation of name and likeness claim. The parents need to find an attorney who works in that field.

Good luck to you.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.