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New York Juvenile Law Questions & Answers
1 Answer | Asked in Juvenile Law and Public Benefits for New York on
Q: My daughter got into a fight at school they called the cops but she's only 15 can she go to jail? What can happen to her
Ali Shahrestani,
Ali Shahrestani,
answered on Apr 3, 2017

She can be charged with assault and battery, if applicable. It depends on whether she has any defenses. Juvenile jail time is a possibility with those crimes. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an... View More

1 Answer | Asked in Family Law and Juvenile Law for New York on
Q: how do you transfer a legal guardianship of a minor form NY to Florida

I spoke to a lawyer in Florida and they mentioned that I need to be released from guardianship in NY so I can file for Guardianship in Florida

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

Your guardianship in NY should be valid in all the states of the USA under the US Constitutions' "Full Faith and Credit Clause". 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 Civil Rights, Criminal Law and Juvenile Law for New York on
Q: My daughter got caught shoplifting and she is under 18 and no cops were called and they took her ID without telling me

Isn't it against the law to take a minors ID without notifying their parent or guardian

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

They can ask for her ID, and she can choose to give it to them. Did they literally physically force it out of her possession? 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 Civil Rights, Education Law, Family Law and Juvenile Law for New York on
Q: I'm 18 and I want to go to school in a different state without my parents?

I'm 18 years old and I'm a junior. I live in NY. My sister lives in SC. She wants me to move to SC and finish school there. My parents are totally okay with that. But my question is is there a way I can go to school there without my sister taking custody of me or a legal guardian? After... View More

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

If you're 18, you're legally considered an adult, and nobody can "take custody" of you. 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,... View More

1 Answer | Asked in Juvenile Law for New York on
Q: Under what circumstances can a minor sign a legally binding contract?
Ali Shahrestani,
Ali Shahrestani,
answered on Mar 24, 2017

For necessaries, if they're emancipated, if they have a cosigner: there are various possibilities. 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,... View More

1 Answer | Asked in Juvenile Law and Criminal Law for New York on
Q: Is it legal to receive oral intercourse from a 15 year old if your 18

A girl 15 year old was asking about oral sex a buddy of mine wanted to know about the legal issues with that. Hes 18

Ali Shahrestani,
Ali Shahrestani,
answered on Mar 19, 2017

No. See: http://ypdcrime.com/penal.law/article130.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, testimonials, and media...
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1 Answer | Asked in Civil Rights, Education Law and Juvenile Law for New York on
Q: Is it legal (NY) for a police officer to examine and question a minor (13 years) without parent consent or presence?

My 13 your old son was at school complaining of headaches and was sent to the nurse's office. When examined by the nurse, his eyes weren't reactive to dilation. A police officer was called in and examined my child and further questioned him about drug use (was he taking drugs?, etc.) I... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Mar 6, 2017

This sounds legal. Your child should be familiarized with his civil rights. See: https://www.aclu.org/issues/free-speech/student-speech-and-privacy

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney....
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2 Answers | Asked in Criminal Law and Juvenile Law for New York on
Q: can a school lock a 14 year old in a room and intaragate him with out a parent there
Ali Shahrestani,
Ali Shahrestani,
answered on Mar 3, 2017

I see no legal basis to lock a child in a room unless he's being temporarily held for community safety pending police investigation of a alleged crime. Schools are permitted to question children students, and kids certainly can invoke their Miranda rights. More details are necessary to provide... View More

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1 Answer | Asked in Juvenile Law for New York on
Q: At what age can I petition for emancipation from my parents?
Ali Shahrestani,
Ali Shahrestani,
answered on Feb 24, 2017

See: http://www.nycourts.gov/CourtHelp/Family/emancipatedChild.shtml

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...
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1 Answer | Asked in Family Law, International Law, Juvenile Law and Municipal Law for New York on
Q: I am 17 and joined a semi porn site (18-up.) Met a guy and in confidentiality told him I was 17 almost 18.

We sent dildos. (Never naked pics) And I wrote him a colorful story (sex story.) Eventually, I tell him I'm uncomfortable and need space. So he gets the staff involved and they said they want to track my ip, let me parents aware, and take legal action. What do I do? And he's crazy. What... View More

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

You may have violated the Terms of Use of the site, which may be considered fraud and breach of contract. 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,... View More

1 Answer | Asked in Juvenile Law and Criminal Law for New York on
Q: If you're pregnant and your boyfriend is 7 months older than you can he go to jail?
Ali Shahrestani,
Ali Shahrestani,
answered on Feb 2, 2017

If you're underage and statutory rape is proven. 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... View More

1 Answer | Asked in Criminal Law and Juvenile Law for New York on
Q: My 15 yr old daughter was just charged with feloney robbery? We had plans to move out of state next month could we still
Andrew M. Stengel
Andrew M. Stengel
answered on Jan 26, 2017

Possibly. The person to ask is her attorney. It would depend on her release status and/or conditions.

1 Answer | Asked in Juvenile Law for New York on
Q: Are emancipated youth charged as adults if they are arrested?
Ali Shahrestani,
Ali Shahrestani,
answered on Jan 20, 2017

The type of crime is the relevant factor, as is the child's 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 create any... View More

1 Answer | Asked in Juvenile Law for New York on
Q: My son was accused of cyber bullying should I bring an attorney to the proceedings?
Brian Lehman
Brian Lehman
answered on Jan 9, 2017

Yes, especially if the proceedings are criminal. You didn't say who accused him of the cyber bullying. If it was the state, and this is a criminal case, you should get a lawyer immediately. Here is a link to a website that provides an overview of cyberbullying in New York (note, it goes to... View More

1 Answer | Asked in Civil Rights, Juvenile Law and Education Law for New York on
Q: My son has been accused of cyber bullying should i bring an attorney to the school proceedings?
Aubrey Claudius Galloway
Aubrey Claudius Galloway pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 11, 2017

It is really your choice, and it depends on the severity of the charges and the potential punishment; if there is police involvement than I would say definitely yes. Furthermore, although you should be allowed to bring an attorney, some schools (generally private) do not allow students to do so.... View More

1 Answer | Asked in Family Law and Juvenile Law for New York on
Q: Ankle bracelet geotracker?

Parents are obliged to protect their children. If a child has a record of running away to engage in reckless and dangerous behavior, may the parents affix to him an ankle bracelet geotracker? If not, what is the legal basis for the proscription; and, if there be one, how are parents expected to... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 19, 2017

I've never heard of this option. It sounds severe, and it *might* qualify as child abuse. Also there is no way of ensuring that the child will not remove the tracker anyway. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website.... View More

1 Answer | Asked in Communications Law, Consumer Law and Juvenile Law for New York on
Q: What are the legal bases for putative rights of children to be subrogated by their parents?

Phone co. claims that the FCC requires that those whose cellphones be geotracked be notified of it. This defeats the purpose of parents who want to track their runaway children. Can the parents prevail in claiming that the notifications must go to them (the parents) only?

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 19, 2017

Generally, if you own the phone, you can track it and receive notifications relating to your phone, even if you've allowed your minor child to use 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... View More

1 Answer | Asked in Family Law and Juvenile Law for New York on
Q: i need info on private lawyers and how much it would cost?
Derek John Soltis
Derek John Soltis
answered on Nov 29, 2016

The cost of a lawyer depends on what you need him to do. All lawyers tend to charge different amounts for the same thing. Sometimes things are billed hourly other times there is a flat fee. What is it that you need done?

1 Answer | Asked in Family Law, Child Support and Juvenile Law for New York on
Q: I have a 19 year old son who went to prison for probation violation . can I have him emancipated?

I haven't seen my son for four years because he refuses to follow my rules. Tried as an adult, convicted as an adult. Mother refuses to make him accountable for his actions, makes excuses for him. I have grounds for constructive emancipation but no finances for a lawyer. As a non coustodial... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 25, 2017

As he is an adult, he is already considered legally emancipated. Perhaps you're seeking some other remedy? 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 Juvenile Law and Criminal Law for New York on
Q: I am 20 years old can I get arrested for hanging out with a 16 year old at her house?

Her parents want to press charges

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 23, 2017

That depends on what "hanging out" means. If you're worried about whether you committed a sex crime, you should communicate privately with an attorney. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors,... View More

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