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California Juvenile Law Questions & Answers
1 Answer | Asked in Criminal Law and Juvenile Law for California on
Q: If a 16 year old boy threw a metalic lock at another boy and it struck him in the temple how much time would he expect.

A boy 14 year old boy was struck in the temple by a lock and was bleeding badly. The boy who threw it ran and hid in a class was then caught and tased when being put into a police vechile.

Ali Shahrestani,
Ali Shahrestani,
answered on Mar 30, 2017

That sounds like a felony of aggravated assault against a minor. Jail time depends on priors. Are there defenses? Juvenile jail plus a halfway home/ rehab may be appropriate. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation... View More

1 Answer | Asked in Criminal Law and Juvenile Law for California on
Q: What happens if a teenager doesn't go to truancy court
Ali Shahrestani,
Ali Shahrestani,
answered on Mar 27, 2017

See: https://oag.ca.gov/truancy/2013/ch6

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/...
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1 Answer | Asked in Juvenile Law for California on
Q: so I'm 16 and I would like to move out of my parents house with 7 other people that i know how would I do this legally

I'm moving from california to delaware

Ali Shahrestani,
Ali Shahrestani,
answered on Mar 25, 2017

Are you emancipated? See: http://www.courts.ca.gov/selfhelp-emancipation.htm

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors,...
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1 Answer | Asked in Federal Crimes, Criminal Law and Juvenile Law for California on
Q: I am a 15 year old male who was sexually abused, the person who abused me is a 17 year old male.

I am a 15 year old male who was sexually abused, the person who abused me is a 17 year old male, who spent the night at my house 2 days ago, in the middle of the night I opened my eyes only to see him touching me and stroking me in my private areas multiple times, he succeeded in using his hand to... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Mar 22, 2017

Call the police. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

1 Answer | Asked in Domestic Violence and Juvenile Law for California on
Q: How do I drop a restraining/protection order against my boyfriend who is in juvenile hall?

I am a victim of domestic violence that only occurred once during the 2 years we have been together. Me and my boyfriend have a thyroid problem in which causes our hormones to react differently and quickly, it also causes us not to control our anger. After the incident happened, I called the police... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Mar 18, 2017

The DA, not the victim, makes such decisions. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications... View More

1 Answer | Asked in Criminal Law and Juvenile Law for California on
Q: Last year my lawyer won my self defence case against a 17 year old minor. and now i think he and his brother want to kil

Me. I was in my parking garage at about 1 am smoking a cigarette, when i decided to get in my car wich is inside my garage. I was on my cell phone when i notice the car shake(movesidetoside) a little, i felt it because i was in inside, i turned around and i saw 2 guys walking in my parking garage... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Mar 11, 2017

Call the police to report the armed breaking & entering and any other crimes. You can also sue them in court for trespass and possibly for assault. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You... View More

1 Answer | Asked in Juvenile Law and Sexual Harassment for California on
Q: Can i file a lawsuit for a juvenile hall staff making sexual slurs and inviting me to hang out when i got out ?

She would always make these sexual comments and would at times grab my hand or neck. Other staff were suspicious of us. And before i left she gave me her personal information. I did go out with her and things just got too wierd. I was wondering if i could file a lawsuit towards the county i was... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Mar 11, 2017

That sounds like a possible sex crime and abuse of a dependent juvenile. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media... View More

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for California on
Q: I'm looking for an att.or law. For my cps case they tried to terminate my parental rights and sent my son to my mom in.

but I really need my son back I did everything cps asked of me and they still denied reunification services

Ali Shahrestani,
Ali Shahrestani,
answered on Mar 9, 2017

What's the basis for the decision? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my... View More

1 Answer | Asked in Juvenile Law for California on
Q: If you get into a fight with a person that's 2 years younger than you, Will you be charged for it and sent to jail ???
Ali Shahrestani,
Ali Shahrestani,
answered on Mar 3, 2017

It depends on the facts. Assault and battery is a crime punishable potentially by jail and/or a fine. To assault a minor aggravates the crime. Self-defense may be a justification. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial... View More

1 Answer | Asked in Criminal Law, Federal Crimes and Juvenile Law for California on
Q: How does the sentencing go for a minor 12-17 possessing child porn? Minimum/maximum sentence? Compare to adult crime?

First, what would it be for a straight-forward normal circumstance? what if there are multiple instances (i.e. multiple items of child pornography or occasions of indulging in it)? Then, comparing to an adult getting charged: If the child had no remorse/guilt, compared to an adult who quickly felt... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Mar 3, 2017

See: http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=311.11

See: https://www.justice.gov/criminal-ceos/child-pornography

The penal code is the same for adults and minors, though minors may face less jail time depending on their criminal...
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1 Answer | Asked in Family Law and Juvenile Law for California on
Q: Can I get emancipated while on probation?
Ali Shahrestani,
Ali Shahrestani,
answered on Mar 1, 2017

You can file for emancipation in court, even while in jail. See: http://www.courts.ca.gov/selfhelp-emancipation.htm

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my...
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1 Answer | Asked in Employment Law and Juvenile Law for California on
Q: is it against the law for a 10 year old to pick up a parents work check while the parent is waiting in the car ?
Brian Lehman
Brian Lehman
answered on Feb 26, 2017

Nope (not based on what you said here).

1 Answer | Asked in Family Law and Juvenile Law for California on
Q: My 14 year-old daughter was a runaway and when found by police Children's Protective Services took jurisdiction.

She was put in a Foster Home, and I have not been allowed to see her, or talk to her. I have a court date 3/2/17. I have not been able to find a lawyer to take my case. Please give me the name of a lawyer to take y case.

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 27, 2017

What is the purpose of your hearing? Are they trying to terminate your parental rights? Are you being charged with any crimes? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my... View More

1 Answer | Asked in Family Law and Juvenile Law for California on
Q: Hello , I am 17 turning 18 in Aug. My mother wants me to pay rent and then forbid me from going to work.

Can she forbid me from going to work although I turn 18 in a few months? How can I pay her rent money if I have no monthly income to pay her with? I'm not allowed to go anywhere but school and back. My older brother and my mother recently put their hands on me but I did not call CPS because I... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 24, 2017

You should call the police and CPS and report the abuse. You can file for emancipation as well. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors,... View More

1 Answer | Asked in Criminal Law, Family Law and Juvenile Law for California on
Q: What are the consequences of stealing as a minor in California, the item stolen being less than $20.
Ali Shahrestani,
Ali Shahrestani,
answered on Feb 23, 2017

Juvenile court deals with petty theft in CA, which is a misdemeanor with punishment up to 1 year in jail and/or $1000 fine. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my... View More

1 Answer | Asked in Juvenile Law and Civil Rights for California on
Q: I was incarcerated in juvenile hall in 2003 in Sacramento i am 28 now can i still sue do to unlawful strip searches
Ali Shahrestani,
Ali Shahrestani,
answered on Feb 23, 2017

Are you under probationary terms that allow such searches? Are you in jail? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Education Law and Juvenile Law for California on
Q: Can teacher in California make racist jokes and call his students stupid, even though he is joking?
Ali Shahrestani,
Ali Shahrestani,
answered on Feb 22, 2017

That creates a hostile classroom environment and is a violation of the teacher's duties and the students' rights. You can report this to the administration for investigation and resolution. More details are necessary to provide a professional analysis of your issue. The best first step is... View More

1 Answer | Asked in Appeals / Appellate Law and Juvenile Law for California on
Q: My sons 14 years old and has a case that has been sent to appeals.

His probation officer tells him he need to talk about the case in which he has never admitted to any of the allegations. Counselors and I agree that with his case in appeals he should not be talking about and if he didn't do as alleged he should not say he did. But his probation officer tells... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 22, 2017

I'd recommend hiring a lawyer immediately to prevent your son from being bullied into confessing to a crime that he may not have committed. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read... View More

1 Answer | Asked in Criminal Law, Family Law and Juvenile Law for California on
Q: Can a 16 year olds parents be arrested for letting the minor go out alone with friends?

Ex: going to the mall with friends. If something bad were to happen to the minor would the parents be responsible for it and face charges?

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 21, 2017

Parents are liable for certain torts committed by minors, but simply allowing a minor to spend time with friends is not in and of itself a crime or tort. Your hypothetical facts are very vague. More details are necessary to provide a professional analysis of your issue. The best first step is an... View More

1 Answer | Asked in Criminal Law and Juvenile Law for California on
Q: Can a 20 year old female lesbian date a 17 year old female teenager without parents consent?
Brian Lehman
Brian Lehman
answered on Feb 17, 2017

Yes, so long as no sexual conduct takes place. Here is what one attorney has written (http://www.shouselaw.com/statutory_rape.html)

Under California Penal Code 261.5 PC, a "statutory rape" takes place when any person engages in sexual intercourse with a person under the age of...
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