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California Juvenile Law Questions & Answers
2 Answers | Asked in Criminal Law, Civil Rights, Education Law and Juvenile Law for California on
Q: can a student in northern california be taken into a room have his back pack searched and search the student?

He was not read any miranda wrights no school cops were involved falsely detaing him and making allegations of smoking weed. He was never told why they were searching him or his backpack and they did not notfy me or his mom

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 16, 2017

See: https://www.aclunc.org/our-work/know-your-rights/searches-of-students

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,...
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1 Answer | Asked in Juvenile Law and Family Law for California on
Q: How easy is it to get a court order to marry someone under the age of 18 in states that allow

Marrying someone under the age of 18 for religious reasons

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 13, 2017

What state? How old is the person? 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 law... View More

1 Answer | Asked in Family Law and Juvenile Law for California on
Q: I want to travel to Mexico with my 4 month old but I am 17 and a half.

I want to travel to Mexico with my 4 month old. I am 17 and a half. Do I need to have an adult over 18 with me to travel with my baby? and do I need written consent from the father to travel outside the country with our kid?

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 12, 2017

It depends on the court's custody orders and on any related immigration orders. 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 Juvenile Law and Criminal Law for California on
Q: If a 15 year old punches a 18 year old what happens to the 15 year old, and what if the 18 year old punches 1st
Ali Shahrestani,
Ali Shahrestani,
answered on Feb 8, 2017

Hitting someone is assault and battery, a crime. Hitting a minor is aggravated assault and battery. Self-defense may be considered a justification, but it depends on the circumstances. 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 Family Law, Criminal Law and Juvenile Law for California on
Q: I'm 17 and my boyfriend 18 can I move in with him?
Ali Shahrestani,
Ali Shahrestani,
answered on Feb 8, 2017

Committing sexual acts with a minor is a crime in CA, as minors cannot provide legal consent. 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: Can a minor receive 10 yrs for a gun enhancement?

he was 16 yrs old! 2 yrs for robbery and 10 yrs for enhancement . are there any new laws he qualifies for?

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 8, 2017

That is a typical penalty for a gun enhancement in criminal matters. 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, Civil Rights and Juvenile Law for California on
Q: When serving a petition to the respondent, is it required for the petitioner to include a blank response form?

After the petitioner files a petition with the court, they must give service to the other party, the respondent. Proper service requires that the petitioner include a blank response form and a blank proof of service form along with the service. This is to give the respondent the chance to defend... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 2, 2017

Court forms are publicly available online at courts.ca.gov and at the courthouse. Failing to provide a blank responsive form is a faux pas which may result in a continuance re: time to respond. 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 for California on
Q: Can a juvenile be charged with assault with great bodily injury if the hold they used is not considered illegal?

Students were bear hugging and wrestling around with each other. One of the students jumped up on the back of another while crossing his arms around the other students neck. The kid tapped out so the other student jumped off his back and ran off. The other student chased after him grabbing him in... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 31, 2017

This is an issue that should be discussed privately with an attorney. Assault and battery charges don't make exceptions for particular types of wrestling moves. 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 and Juvenile Law for California on
Q: My son got arrested when he was 17 years old and now his 18 years old, as a parent can i be in trouble when i left my

My son attend to his court date alone?

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 17, 2017

I see no basis for any charge of wrongdoing here, so long as you were not subpoenaed to the hearing. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any predictions,... View More

1 Answer | Asked in Education Law and Juvenile Law for California on
Q: Do I need to go to court for truancy if I'm 18?

For background information when I was a sophomore in high school I got warned for truancy for missing a lot and ended up getting it after I dropped out about 2 months before my sophomore year ended when I was 16. They sent me a court paper but I got it late because it was sent to my aunts house and... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 16, 2017

If there is an outstanding summons, it must be answered, regardless of your age. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or... View More

1 Answer | Asked in Criminal Law and Juvenile Law for California on
Q: I am 17 on Probation I turn 18 in 2 weeks will I get off probation ?
Ali Shahrestani,
Ali Shahrestani,
answered on Jan 13, 2017

It depends on the terms of your probation. Check the order. Your prior attorney should have a copy, as should you. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any... View More

1 Answer | Asked in Juvenile Law for California on
Q: My boyfriend is going to have court & I am wondering if I can attend if I am 15 years old with his mom?

Has court at the Orange County Superior Court- Lamoreaux Justice Center

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 9, 2017

I see no reason why not. Minors are typically allowed in Court, except for rare circumstances. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any predictions, guarantees, or... View More

1 Answer | Asked in Juvenile Law for California on
Q: how do i write the judge for my juvenile son and ask for sentence reduction or modification

has already served seven months on a original sentence of a year in juvenile camp and recieved an additional 570 back in juvenile hall for minor build ups at the camp.

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 5, 2017

You can ask his attorney to make any necessary motions. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any... View More

1 Answer | Asked in Juvenile Law for California on
Q: is my son who is a minor being held in san joaquin juvenile hall eligible for resentencing or sentence modification

he has been in juvenile for seven months and still has 570 days to do on his second time coming in contact with stockton pd

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 5, 2017

You can request his attorney to make any necessary motions. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any... View More

1 Answer | Asked in Juvenile Law for California on
Q: how do i ask for sentence modification for my son in juvenile hall in stockton ca

My son was given 570 days in juvenile hall because he got in trouble for normal bad behavior when serving a year sentence in the juevenile camp

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 5, 2017

You can request his attorney to make any necessary motions. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any... View More

1 Answer | Asked in Divorce, Family Law, Child Custody and Juvenile Law for California on
Q: Can an 18 year old move out before graduating high school if the parent doesnt want them to move out?

My almost 18 year old wants to move out when she turns 18 she will still have 4 months of school left. How can i keep her home to finish school? Can she legally be on her own? We live in California and my ex husband pays child support till she graduates high school will that be part of the a way... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 14, 2017

18 year-olds are adults. They can legally move out and live on their own. Even before then, they can file for emancipation. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any... View More

1 Answer | Asked in Criminal Law and Juvenile Law for California on
Q: Can a juvenile with drawl his plea before sentencing on a felony charge? 1. poor representation 2. withheld evidence

My sons public defender gave him bad advice, withheld letters from witnesses and informed me of the wrong time of court so I missed my minor sons court day.

Ali Shahrestani,
Ali Shahrestani,
answered on Dec 21, 2016

Your son can bring his concerns to the judge immediately, either through the PD, new private counsel, or on his own. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any... View More

1 Answer | Asked in Family Law and Juvenile Law for California on
Q: I am 17 and 7 months year old female . I live with my mom and my siblings and her husband but i want to move out .

I have less then 7 months to be 18 can I move out already ?

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 14, 2017

You might be able to file for emancipation. If there is abuse at home, you can report that to CPS. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any predictions, guarantees,... View More

1 Answer | Asked in Family Law, Appeals / Appellate Law, Child Custody and Juvenile Law for California on
Q: What are some examples of situations that can bee raised with a 366.28 Writ petition?
Ali Shahrestani,
Ali Shahrestani,
answered on Feb 5, 2017

Your question needs details. 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 law practice website. I practice law in CA, NY, MA, and DC in the following areas of law:... View More

1 Answer | Asked in Family Law, Juvenile Law and Domestic Violence for California on
Q: What are the consequences if a 16 year old boy has been trying to hit his 21 year old sister?

The boy and the girl live under the same roof, ownership of their father. The boy is always trying to fuel problems with his sister trying to start a fight. The sister doesn't want any problems for the fact that he's a minor. Whats the consequences if she defense herself by hitting back,... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Dec 14, 2016

It sounds like the teen is assaulting and battering the woman, which is a crime. This can be reported to the police. Self-defense to protect oneself is not without its limitations. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice... View More

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