I know that the victim is not the one on trial, but shouldn't the inconsistencies be a red flag and weigh in on the jury's based on beyond a reasonable doubt? I don't know if I worded the question correctly.
answered on Feb 9, 2023
Only the 12 people on that jury can answer that for you. The jury's job is to weigh credibility of witnesses. They can believe everything or nothing, or some combination thereof.
In CSC cases, it's not at all uncommon for testimony to be inconsistent as stories and memories... Read more »
My son is being convicted of CSC 1 and 2 counts CSC 2. The victims in the case are my younger kids. My younger kids are worried that they are going to be removed from the home. And the probation officer just scared them today by just showing up. So I was just wondering if a probation officer... Read more »
answered on Feb 1, 2023
The probation officer can't, but as Mr. Zichi indicated, CPS can. The probation officer can ensure that your son is not in the residence or having contact with your other children. This is likely already ordered as part of his pretrial release conditions; probation officers are charged with... Read more »
You
My 13 year old sons person was searched, his backpack, coat, hoodie and locker. We were not notified. Then they find weed rolling papers. (Obviously he shouldn't have them) then they threatened to call the cops and said he'll have fun in juvie. He was so terrified that he... Read more »
answered on Jan 16, 2023
Your primary issue needs to be resolving any school administrative action or juvenile action against your son. Yes, schools can search students' personal belongings and lockers. The appropriateness of other actions described should be discussed with a local attorney.
My nephew and his mom's relationship is toxic and he has done a 180 in school now that he has been living with me, my husband and his cousins. He does not want to go back and he is safe with us. He has been sleeping on the couch for now but we are in the process of turning the spare room into... Read more »
answered on Feb 26, 2023
Have you looked into guardianship? Practically speaking, if the mom is not raising an issue, and him being 17, he can stay as long as you'll have him.
In the case of the Michigan school shooter what if the defense argues that the boy had mental health problems and argues that the parents were negligent in not seeking treatment, buying a gun for their teenage son and not notifying the school that he had access to gun? Can the state use the... Read more »
A report has been filed with CPS. Her parents filed a police report when she didn't return home from school. A teenage friend took her to the teen shelter for homeless and run away kids. Her parents and police are there telling her she has to go home with her father, and she's very frightened.
answered on Dec 10, 2021
Sounds like this is in the hands of the professionals; I would leave it there. If there's a genuine concern, CPS will take appropriate measures. For your sake, do not involve yourself in this situation in a negative way by having her stay with you.
Cps threatened to have kids removed, foster care worker lied, refused services, added heresay statements on record, denied parent access to children for medical, dental, and school appointments
answered on Nov 8, 2021
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 »
answered on Aug 8, 2021
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 »
answered on May 3, 2021
That's a tough situation. The siblings will be assigned an attorney - a lawyer guardian ad litem - who can help work through that issue.
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 »
answered on Apr 19, 2021
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 »
They are afraid to sleep and dont feel safe, they have said they have to beg in order not to be touched and they are just plain scared.
answered on Mar 19, 2021
You should contact Child Protective Services. Depending on your profession, you may in fact have a legal obligation to do so (Mandatory Reporter). No, you can't just apply for guardianship though.
answered on Nov 2, 2020
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.
answered on Oct 5, 2020
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 »
answered on Aug 26, 2020
Unfortunately, no, unless you are wanting criminal charges filed against her - which may become your only option at some point.
If you have the resources, you should look into counseling, perhaps even inpatient.
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 »
answered on Aug 1, 2020
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 »
answered on Jun 9, 2020
Yes. Your current license has your birthdate on it, and so when they check it, they will know your age.
Even if the 12 year old has an attorney can the 15 year old boy be the main representative but under the guidance of an attorney?
This is not a true scenario but for the future is any of this possible? Also the 15 year old boy would know about the laws and know the rights, crimes, possible... Read more »
answered on Jun 2, 2020
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 »
answered on Apr 6, 2020
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.
What seems... Read more »
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 »
answered on Nov 15, 2019
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?
answered on Nov 5, 2019
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 »
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.
