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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.
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... View More
Sw wants to go another 6 months because of my partners inconsistent boundary setting. Is this sufficient to extend to 18 months
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... View More
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.
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... View More
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... View More
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... View More
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... View More
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... View More
answered on Feb 26, 2014
The County Coroner and local law enforcement. Possibly directly to the DA's office.
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... View More
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... View More
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... View More
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... View 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.
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... View More
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.
Is there a way to avoid a felony record? Is it called "deferred sentence' or "deferred judgment'? How do I request this in court?
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).
This is 2 felonies, no jail time, no voilent crime, no prior record.
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... View More
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 More
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... View More
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... View More
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