For the uninitiated, you will find "threats" mean something different in the legal world. When CPS (or police, prosecutor, attorney) says "if you don't do this, I'll do that"...and the "that" is something lawful - meaning under the law, they, or a judge, can...Read more »
I had voluntarily signed my rights off of my 4 children back in March 2021 after fighting with DHS for 2 years. I'm now pregnant, due December 2021), and married a different guy (not my other kids dad) and was unsure of if I'm able to keep this baby after he is born? I wasn't sure of... Read more »
You can. But expect CPS to pay you a visit at the hospital or soon thereafter. There are some advantages to you in this situation because you voluntarily terminated. And that you have a different partner and apparently made some strides in your life further increases the likelihood that you can...Read more »
The fifteen year old and her siblings are extremely close they are placed in 3 homes 3 different counties . She wants to see her siblings and she is told because her parents haven't contacted cps she can not. She has about 8 months till she turns 16 and would like to make steps toward... Read more »
A year ago my bf went to jail for online solicitation of a minor. I was wondering since my parents filed against him but won't share his sentencing information, how can I get that information as the "victim". I'll be 18 in a month and I was hoping to file a motion to drop the... Read more »
You can likely look up public access records from the court he was convicted in. It's highly likely that a no-contact order with you remains in place through his term of probation or parole. It is also highly unlikely, given your age and nature of the offense, that a judge will grant your...Read more »
Yes. The child would have an attorney, and would be entering a plea with that person's advice, not a parent's. At times, when a judge believes a parent may be acting against a child's best interest, a GAL could be assigned to the case as well.
I don't think you have a valid claim to sue the state for sending you to prison on an adult conviction. Many people under 18 are incarcerated in prisons in Michigan as well as just about every other state.
Recently my 14 year old daughter has been acting out doing things such as getting aggressive with her younger brother and sisters she ran away this morning when I found her I was able to get her in the car and then she began hitting me and fighting me. What are my options as a parent what can I... Read more »
My 15 year old son currently has a juvenile case. He has made all his probation appointments and is doing everything the probation officer had asked him to do. Twice now the probation officer has done an unannounced home visit and entered my house without me being home. Does he have the right to... Read more »
Probably not best practice for a number of reasons, but I believe if your son is home, the probation officer can visit at any time. Remember, probation is a grace granted by the court as an alternate to jail - or in the case of juveniles, detention.
I would mention this and your concerns to...Read more »
No. Courts will recognize either the litigate or a licensed attorney appearing on behalf of the litigate. In some cases a person may have a "next friend" step in his or her shoes and can still have an attorney. The 15 year old in your scenario would not be recognized by a court as a...Read more »
I, like all lawyers, grow concerned whenever adverbs are used to qualify statements. What does "barely talking" mean? Did you exchange pleasantries or phone numbers? Without knowing what this talk was about, it's impossible to determine your legal exposure.
My friend is in a situation where he got into a fight with his dad, and it was going to court, but his dad talked to the prosecution office (my friend's dad used to be a police officer and he knows others in that field) and they came to an agreement and called off the trial but made a... Read more »
Is this a juvenile matter? If so, it sounds like the decision was made to put the case on what's called the consent calendar. Why would your friend want a trial in this case, and possibly face 1) a record (albeit juvenile), and 2) worse sanctions?
It depends on what you are on probation for. If you were convicted of a sex offense, contact with minors might violate a condition of your parole. If you were convicted of something other than a sex offense, then mere "dating" is generally not illegal. But a physical relationship could...Read more »
I was not convicted. I was given a deal through HYTA. 6 months probation. When I do a background check, it comes up clean. But I'm applying for a job where I have to be fingerprinted if I am hired. Will the arrest show up in the fingerprint report?
The wonderful thing about HYTA is that upon successful completion, you don't have a criminal conviction, and so you may rightfully report no convictions, and it shouldn't show up on background checks as a conviction. That said, you may have an arrest record, which is an indication that...Read more »
If you are accused of assaulting the young lady, you could be prosecuted for assault & battery. Assault & battery is a misdemeanor which carries a potential jail sentence of up to 93 days. If you were 17 at the time of the alleged offense, you'd be prosecuted as an adult, not as a juvenile.
Good question. There probably is some interplay regarding what is protected information under FERPA and to whom. I do know that as a ward of the court (which a juvenile is while on probation), a probation officer has a lot of leeway into the child's life, and so I do believe the probation...Read more »
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