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Questions Answered by David A. Brooks
1 Answer | Asked in Juvenile Law for California on
Q: What rights do 17 year olds have in California?
David A. Brooks
David A. Brooks answered on Feb 26, 2014

The same as any child, unless the DA succeeds in prosecuting them as an adult. In that case, they have the same rights as any adult.

1 Answer | Asked in Juvenile Law for California on
Q: Can california laws prohibit a woman to have children under any circumstaces?
David A. Brooks
David A. Brooks answered on Feb 26, 2014

Yes, but a Judge would have to take away the right to procreate and ther are only a few ways that can happen.

That can happen as the result of a Conservatorship, where developmental disabilities mean that an adult lacks the ability to consent to have sex, and/or lacks understanding regarding...
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1 Answer | Asked in Juvenile Law for California on
Q: 12 month review coming for cps case. Have 2 kids under age of 3 part of sibling group. Have completed case plan

Sw wants to go another 6 months because of my partners inconsistent boundary setting. Is this sufficient to extend to 18 months

David A. Brooks
David A. Brooks answered on Feb 26, 2014

Social workers have a lot of pull when it comes to when to terminate the court's jurisdiction or when to proceed to a .26 (Permanency) Hearing. What a judge's threshold to extend jurisdiction might be is best asked of an attorney who works in that particular court. The answer also depends on... Read more »

1 Answer | Asked in Juvenile Law for California on
Q: Can a 12 year old be legally prosecuted for grabbing a girls behind? In CA
David A. Brooks
David A. Brooks answered on Feb 26, 2014

Yes. Could be sexual battery, could be just battery.

WILL a child be prosecuted, that is a different answer. Maybe, and that decision is in reality made by an intake probation officer. It depends on past problems, attitude, parental attitude, and local policy.

1 Answer | Asked in Juvenile Law for California on
Q: Do i get arrested if im 14 & pregnant
David A. Brooks
David A. Brooks answered on Feb 26, 2014

It certainly happens, there are plenty of pregnant girls in Juvenile Halls, but you'd have to have broken the law. Getting pregnant isn't a crime.

If you are at risk (runaway) you could be detained, but that is different than being arrested.

What you do need for certain is some...
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1 Answer | Asked in Juvenile Law for California on
Q: What needs to be done for my 16 year-old niece to move in with her grandfather?

My niece has, to say the least, a crappy home life. She already moved out once before with friends (which did not go well) and is currently back living with her mother. She has asked to come live with me and my father (her grandfather). I believe her mother is ok with her moving in with us (we have... Read more »

David A. Brooks
David A. Brooks answered on Feb 26, 2014

Assuming everyone agrees, you don't have to do anything. You would probably want to hold educational and medical rights, though. You would probably want to become legal guardian. Adoption would first require termination of mom's parental rights. She is getting old enough, emancipation might... Read more »

1 Answer | Asked in Domestic Violence for California on
Q: I plead guilty to misdemeanor domestic violence without any legal consultation offered by the judge can I withdraw it?
David A. Brooks
David A. Brooks answered on Feb 26, 2014

If that is true, probably so. Guilty pleas having to be "knowing and intelligent", and involve an advisement of basic rights.

However "mass advisements" of rights counts, where the whole room is advised. Video advisements count. A Court Reporter's transcript would be required to see what...
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1 Answer | Asked in Domestic Violence for California on
Q: How can a restraining order be rescinded, my wife wants it taken away, it's on me, but her lawyer says that she can't.
David A. Brooks
David A. Brooks answered on Feb 26, 2014

Sometimes a judge will impose a restraining order over the alleged victim's objection.

Sometimes "can't" means different things. Sometimes lifting an order COULD be done, but there are serious consequences (such as losing custody of children).

Getting it lifted can also be a matter...
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2 Answers | Asked in Domestic Violence for California on
Q: Who to see if you want to have a full investigation of a love one's death
David A. Brooks
David A. Brooks answered on Feb 26, 2014

The County Coroner and local law enforcement. Possibly directly to the DA's office.

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1 Answer | Asked in Domestic Violence for California on
Q: I filed a domestic violence on my fiance after an argument I grabbed him and pushed him and he had pushed me back

And I went and grabbed him and he grabbed my arm to take my hand off of him and caused a bruise. We are starting counseling but I want to drop them because if I didn't attack him it wouldn't have happened and he has a prior from 6 years ago but his ex hit herself to make it look like he beat her.... Read more »

David A. Brooks
David A. Brooks answered on Feb 26, 2014

I previously wrote this answer to a very similar question:

It isn't up to you whether charges are brought. It isn't a civil case where you are suing someone. A criminal case is the State against someone. It also isn't the police that brings charges. The police provide police reports to the...
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1 Answer | Asked in Criminal Law for California on
Q: Hi my neighbor keep calling the cops on my family more than 5 years. My 6 years old is traumatized. I need help
David A. Brooks
David A. Brooks answered on Feb 26, 2014

You can ask a civil court Judge to give you a Restraining Order. The documents you'd need to file are Judicial Council forms, and available on the internet. You can retain an attorney who will help you with the forms, and also with the supporting declarations. Try to collect as much as you can... Read more »

1 Answer | Asked in Criminal Law for California on
Q: Are there 4requirements to be convicted of transporting illegal drugs?
David A. Brooks
David A. Brooks answered on Feb 26, 2014

Transportation requires possession (which has a legal definition, but in plain language involves the ability to control something. Possession is not limited to ownership. Possession requires knowledge that something exists.) Then, there has to be asportation, or movement. Usually a vehicle, but... Read more »

1 Answer | Asked in Domestic Violence for California on
Q: I called police falsely claiming dv on my fiance when we were arguing. I said he hit me but I fell earlier to get injury

We just got notice that the DA is picking up the case. He wasn't arrested at the scene and hasn't been questioned on his side of story. I feel horrible because I was drunk and upset and he didn't do anything violent. How can I help prove he's innocent? I told police I didn't want to press charges.

David A. Brooks
David A. Brooks answered on Feb 26, 2014

It isn't up to you whether charges are brought. It isn't a civil case where you are suing someone. A criminal case is the State against someone. It also isn't the police that brings charges. The police provide police reports to the DA, and the DA decides whether or not to file a criminal... Read more »

1 Answer | Asked in Criminal Law for California on
Q: CAN MY TIME SERVED IN CALIFORNIA REDUCE MY SENTENCE IN ILLINOIS IF I WAS HELD IN CALIFORNIA FOR A WARRANT IN ILLINOIS?
David A. Brooks
David A. Brooks answered on Feb 26, 2014

You need to ask a lawyer who is licensed in Illinois. In CA, the answer is no UNLESS the foreign jurisdiction had no other hold on the inmate other than the CA case.

1 Answer | Asked in Criminal Law for California on
Q: In California, getting ready to take a plea bargain for 2 felonies. no jail or prison. 6 mos. drug rehab and probation

Is there a way to avoid a felony record? Is it called "deferred sentence' or "deferred judgment'? How do I request this in court?

David A. Brooks
David A. Brooks answered on Feb 26, 2014

If you are eligible for Drug Court, successful completion results in a dismissal (even if you are charged with a felony).

1 Answer | Asked in Criminal Law for California on
Q: Is there such a thing as deferred sentence or other way to avoid a felony criminal record before accepting a plea bargai

This is 2 felonies, no jail time, no voilent crime, no prior record.

David A. Brooks
David A. Brooks answered on Feb 26, 2014

Sometimes.

In some courts, there is Court or DA "Diversion". It isn't statutory, which means local rules that aren't written anywhere. When the possibility exists, it is a deal that if a defendant jumps through hoops and stays off the radar, there is a better deal (which could be dismissal,...
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2 Answers | Asked in Criminal Law for California on
Q: Can a police officer search your house before the warrant arrives
David A. Brooks
David A. Brooks answered on Feb 26, 2014

Possibly, if they can search for a reason other than a warrant.

A police officer can search if they have "exigent circumstances", which in plain language means someone is at risk or evidence is going to disappear. A police officer can also search if something is in "plain view". Sometimes...
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2 Answers | Asked in Criminal Law for California on
Q: Is the passenger responsible for contraband under the seat if no one owns up to it
David A. Brooks
David A. Brooks answered on Feb 26, 2014

Possession is a the ability control an item, and that implies knowledge that the item is there. With drugs under the seat, there could be a number of factors that could point towards both knowledge and control. Who can reach them? Furtive movements noted by police? Did anyone give a statement? Any... Read more »

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2 Answers | Asked in Criminal Law for California on
Q: What can I legaly do to a person who is trespassing
David A. Brooks
David A. Brooks answered on Feb 26, 2014

The crime of trespassing requires a 1st warning, and the trespass after warning could be prosecuted as a misdemeanor.

There is the civil remedy of getting a restraining order. Certain kinds of "trespass" involving easments, riparian (water) rights, and restrictions of use might also give...
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