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California Juvenile Law Questions & Answers
1 Answer | Asked in Criminal Law, Family Law, Traffic Tickets and Juvenile Law for California on
Q: Can I get in trouble if I can't pick up my child from juvenile hall
Ali Shahrestani,
Ali Shahrestani,
answered on Jan 14, 2017

I see no reason why you'd be violating the law, but it depends on the facts of the case. 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 Criminal Law, Child Custody, Child Support and Juvenile Law for California on
Q: I'm 17 and I just had a baby, I have a cps case what rights do i have

My bf is 28 I lied to him about my age and ended up getting pregnant, he wants to be apart of the baby's life but is scared that he will be put in jail cuz of his age what can we do

Ali Shahrestani,
Ali Shahrestani,
answered on Dec 9, 2016

CPS investigations follow a basic procedure, ensuring that due process is served. As for your boyfriend's concerns, your deception re: your age might be a defense, but this is very fact-dependent. The best first step is an Initial Consultation with an Attorney. You can read more about me on my... View More

1 Answer | Asked in Criminal Law, Family Law and Juvenile Law for California on
Q: My daughter is 16 and is involved with a 19 year old girl. What are the California laws regarding this as her parent?
Ali Shahrestani,
Ali Shahrestani,
answered on Dec 7, 2016

An adult who has sex with a minor may be charged with a sex crime in CA. I wrote a related article; have a look:

http://www.prometheuslaw.com/2013/03/13/sex-from-drink-to-kink-california-sex-crime-laws-in-the-real-world/

The best first step is an Initial Consultation with an...
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1 Answer | Asked in Criminal Law and Juvenile Law for California on
Q: So my daughter brought over her pregnant friend the other day, they're both 13 years old and another girl their age

Came looking for her with 3 other people, two witch of were 19 year old male's and the other one who was a 16 year old female, while i was showering. My daughter opened the door thinking it was her older sister but when she opened it the girl their age pushed my daughter out of the door way... View More

Rachel D Miller
Rachel D Miller
answered on Dec 5, 2016

This is considered a crime regardless of whether the girl is pregnant. A battery by definition is a willful and/or unlawful touching of another in a harmful or offensive manner. There are various degrees of battery from a simple misdemeanor to battery with serious bodily injury as a felony. The... View More

2 Answers | Asked in Criminal Law and Juvenile Law for California on
Q: What is the CA penal code 871.5?
Andy Chen
Andy Chen
answered on Dec 2, 2016

871.5 can be obtained via google. It appears to specify a way for a criminal action to be reinstated after it was dismissed previously under the code sections specified in 871.5(a).

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2 Answers | Asked in Criminal Law, Personal Injury and Juvenile Law for California on
Q: I was convicted of arson as a minor. Found guilty as a felony how long does it follow me. And how can I get it expunged.
Ali Shahrestani,
Ali Shahrestani,
answered on Dec 9, 2016

Few felonies are expungeable, and it depends on the facts of your case, whether you complied with all sentencing and probation orders, the very specific type of felony at issue here, and other factors. The best first step is an Initial Consultation with an Attorney. You can read more about me on my... View More

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2 Answers | Asked in Criminal Law and Juvenile Law for California on
Q: Are the police able to get onto my phone without my passcode? What are they allowed to look at?

I was arrested and charged with two felonies a few days ago. I am a 17 year old girl and it is my first offense. I was charged with conspiracy and possession of stolen property. The police took my Apple phone and have it as evidence but their is a passcode on it. I have two questions. The first is:... View More

William Mihrtad Paparian
William Mihrtad Paparian
answered on Nov 23, 2016

The police will not be able to go through your cell phone without a search warrant issued by a Judge. If they obtain one everything on your phone will be accessible to them. You should consult with an experienced criminal defense attorney immediately.

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1 Answer | Asked in Real Estate Law and Juvenile Law for California on
Q: In California, a minor can own real property, but cannot make any contracts relating to it. Is there any way around?

I'm a minor looking to become emancipated, and one of the requirements is living apart from your parents, and I'm looking into real estate. Since I can't make any contracts related to real property, I'm looking to find a way to own it but don't see any way around. I know... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Dec 10, 2016

Perhaps a self-settled trust with a professional appointed Trustee is the best solution here. 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: What is the oldest you can be to go to juvenile court?
Ali Shahrestani,
Ali Shahrestani,
answered on Feb 6, 2017

17 typically, but it depends on whether you're charged as a juvenile or adult by the DA. 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 Family Law and Juvenile Law for California on
Q: Can my stepsons father force him to unlock his cell phone so he may search it or does he have some right to privacy?

He is 17, not at risk, nearly 4.0 student, his dad just doesn't want to be the one who backs down. My son allowed him to search the phone once, he was grounded. His dad decided he wanted to search it more in depth, my son refused. My son is fine with me, his stepdad searching it, but not... View More

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

It depends on whose phone it is - who does it belong to, who bought it? 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... View More

1 Answer | Asked in Civil Rights, Criminal Law, Family Law and Juvenile Law for California on
Q: Can my parents legally force me to undergo circumcision till I am a minor?

Hi sir, I am a 14 year old muslim boy. According to Islam, my parents must have to circumcise me. But I am still uncut. The reason they couldn't get it done earlier is that I had some medical problems and doctors said that I am not a good candidate for circumcision. But recently my parents... View More

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

You can contact CPS if there is child abuse, which may be applicable here. You may also consider filing 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 Family Law and Juvenile Law for California on
Q: How do I get presumed evidence tested in juvenile dependency case

I was accused of having methamphetamine residue in my home i contested the allegations and asked that such residue be tested. they proceeded without testing the evidence I filed an appeal and my appellate attorney tells me they do not have to test it they can go on presumed evidence. how do I get... View More

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

One can submit blood tests from private doctors and labs as evidence to contradict the opposition's evidence. 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: Is it Illegal in California and new York if someone dates a girl younger than him or her im 19 and she is 15? welp

I met this girl on Instagram and im wondering if its ok

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 7, 2017

Sexual interactions with a 15 year-old would violate CA and NY criminal and civil laws. 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 Family Law, Constitutional Law and Juvenile Law for California on
Q: What can i do?

Here california i know that an unemancipated minor, wanting to do an abortion, it is required to have a parent permission. In my case my mom lives in mexico and has no papers and my dad, i dont live with him and he wants nothing to do with me,so he wont talk to me. What can i do?

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

You may be able to acquire your mom's permission, even though she's in Mexico. 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: Can I get married to somebody who's 29 if I'm 17 and emancipated?

I have parental consent for my emancipation and upon being emancipated (though this isn't my reasoning for doing so) I plan to get married..

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 7, 2017

Emancipation is not a defense to statutory rape charges. Having sex with a minor is illegal in CA. See: http://www.prometheuslaw.com/criminal-defense-lawyer/sex-crimes/

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial...
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1 Answer | Asked in Juvenile Law, Education Law and Family Law for California on
Q: How do I help get a 17 year old who was kicked out of their home signed up for school if the parent refuses to .

This 17 year old girl was kicked out of her moms house 3 weeks ago and the mother refuses to go sign her up for school near the place she is staying (here moms home is in another city 20 miles away ) . I have no idea on how to help this young lady fix her life without confronting her mother.

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 7, 2017

You can call child protective services or the truancy officer. 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 Sexual Harassment and Juvenile Law for California on
Q: If a 15 yr old boy sexually harrases a 6yrs old can he go to jail ?
Ali Shahrestani,
Ali Shahrestani,
answered on Dec 10, 2016

Potentially, if he is found guilty in juvenile court. 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 Attorney-Client... View More

1 Answer | Asked in Family Law and Juvenile Law for California on
Q: In california if a minor is being sued are both parents held liable? Is so is the a law i can reference?

Im the custodial parent. The non-custodial parent owes me arrears of 32000. We have a child that just turned 17. My question is in a lawsuit if she caused something are both parents supposed to be held liable?

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 7, 2017

Custodial parents may be held liable for tortious actions of their children. 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 Domestic Violence and Juvenile Law for California on
Q: My ex boyfriend punched me multiple times and stopped until he saw blood. How long is he staying in juvie?

My boyfriend was on probation since 8th grade. He punched me because I didn't want to talk to him since we were in a argument.

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 7, 2017

You should report this to the police and file for a restraining order. You may need therapy to deal with this level of abuse that you've experienced and your acquiescent attitude about it. More details are necessary to provide a professional analysis of your issue. The best first step is an... View More

1 Answer | Asked in Juvenile Law for California on
Q: How can I get emancipated at 16?

I currently live in my parent's house, I am doing the CHSPE test so I can officially get my high school diploma, and I am currently attending a community college. I have a part time job at Taco Bell, I want to save up and get my own bank account. I want to seek a job that pays $20 an hour,... View More

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

You can file for emancipation. 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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