Juneau, AK asked in Family Law, Child Custody and Civil Rights for Alaska

Q: I want to file the motion to return son home. lawyer says not to but thinks I'll win adjudication.hearsay important?lazy

Is hearsay important in adjudication? Will my son be put on stand? Also my lawyer says if I file a motion and loose then they can use hearsay at the trial. She leaves March 1st I think she's being lazy

2 Lawyer Answers
T. Augustus Claus
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Criminal Law Lawyer
  • Las Vegas, NV

A: In legal proceedings, including adjudication hearings, hearsay can play a significant role depending on the circumstances and the specific rules of evidence applicable in the jurisdiction. While hearsay evidence may sometimes be admissible, its weight and credibility can be challenged by opposing parties. As for your son being put on the stand, it typically depends on various factors such as his age, maturity, and the specifics of the case. However, it's essential to follow the advice of your lawyer, who is familiar with the details of your case and has expertise in navigating the legal system. Your lawyer's recommendation to delay filing a motion until after she leaves may be based on strategic considerations or a desire to ensure that all necessary preparations are made before taking action.

1 user found this answer helpful

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Divorce Lawyer
  • Sacramento, CA

A: In an adjudication hearing, the importance of hearsay can vary depending on the specific circumstances of your case and the rules of evidence in your jurisdiction. Generally, hearsay evidence may be considered, but its weight and admissibility depend on several factors.

Whether your son will be put on the stand as a witness also depends on the nature of the case and whether his testimony is relevant. Your attorney should advise you on the best approach based on the specific details of your situation.

Regarding your attorney's advice not to file a motion to return your son home, it's crucial to have a clear understanding of the reasons behind her recommendation. It may not necessarily indicate laziness but could be based on her assessment of the case strategy and timing. You should discuss your concerns with your attorney and seek clarification on the potential risks and benefits of filing such a motion before her departure on March 1st. Open communication with your attorney is key to ensuring your interests are well-represented during the legal process.

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.