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 »
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.
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 »
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 »
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 »
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...Read more »
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 »
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 »
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.
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 »
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,...Read more »
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...Read more »
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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