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New York Juvenile Law Questions & Answers
1 Answer | Asked in Juvenile Law and Family Law for New York on
Q: My 7 year old got arrested for scratching cars with her bike handlebars .she has to go to family ct. Do we need a lawyer
Ali Shahrestani,
Ali Shahrestani,
answered on Jan 26, 2017

That's a good idea. 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 Personal Injury and Juvenile Law for New York on
Q: 16 yr old fights 20 yr old both hit eachother then the 16 yr old grabs the 20 yr olds glasses and breaks them.

What can happen to the 16 yr old.

Peter N. Munsing
Peter N. Munsing
answered on Aug 15, 2016

Same answer as before. They could add a count for destruction of property. 20 year old shold contact the crime victims fund to see about replacement of glasses if his health insurance won't cover. https://ovs.ny.gov/

1 Answer | Asked in Juvenile Law for New York on
Q: I'm 15 and will be 16 in 8 months can I move out without parents consent and will my friend get in trouble If I'm there

Will my friend and there family get I trouble if I'm there and will I be forced to go back home

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 27, 2017

You can file for emancipation from your parents to achieve this level of independence, otherwise your plans may fail. 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 DUI / DWI and Juvenile Law for New York on
Q: What's the charges for underage drinking and driving?
Ali Shahrestani,
Ali Shahrestani,
answered on Jan 27, 2017

You mean the punishment? It's a misdemeanor, and you can have your license suspended, be forced to pay a fine, and might even face jail time (especially if it's a 2nd offence). 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 Family Law and Juvenile Law for New York on
Q: I'm 17, living in NYC and want to emancipate myself. How do would I go about this?

Currently trying to live separately from mother in a different state but she refused to sign over guardianship so I wouldn't be able to enroll in school if I left. I would like to be able to make decisions for myself and decisions that are in my best interest for my daughter. Living under my... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 30, 2017

You can file for emancipation. 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... View More

1 Answer | Asked in Education Law and Juvenile Law for New York on
Q: When a child has documented issues like ptsd and anxiety which interfer with school attendance what is the school to do.

My son developed press when restrained by our schools superintendent when he was 8 for not wanting to eat a tuna sandwich. Since then his attendance has been terrible and either tutored or homeschooled. When through therapy we got him back in school he would be bullied touched inappropriately by... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 30, 2017

You should consider contacting the police re: the attack. Also make sure the school is complying with the ADA. 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 for New York on
Q: I am 16 with a baby and no longer am provided for by my mother. How can I get emancipated.

I have a place to stay and do chores as a way of me paying to stay there my boyfriend also pays rent for us. He buys everything we need and we have a section of the house. My mom and I are not on good terms and she has not talked to me every since the baby was conceived. What are the steps I should... View More

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

You can file for emancipation. If uncontested, it may take a few months. NY courts are ridiculously slow. 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... View More

1 Answer | Asked in Juvenile Law for New York on
Q: If a minor gets arrested for disturbing the peace and received a 400$ fine can the parent go to the Precent to pay fine

Can the child be brought home the same day the parent pays the fine

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

Possibly yes, unless there are other factors that you're not disclosing here. 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... View More

1 Answer | Asked in Juvenile Law and Criminal Law for New York on
Q: My 17 year old son is continuously in trouble. He will not follow rules. Do I have to pay for a lawyer if he gets in tro

Using and selling drugs. Breaking the law,not following simple rules at either mine or his mother's home

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

There is no legal requirement that you hire a lawyer for him. Jail-time does not make for a good education but rather compounds problems. 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/... View More

1 Answer | Asked in Education Law, Criminal Law, Juvenile Law and Personal Injury for New York on
Q: My daughter is getting bullied at her school and the teacher won't do anything about it. Is it legal to bring spy camera

Sometimes the kid lies, so I want to make sure she's honest of what she said and what the teacher really do after my daughter told her that she's being bullied by her classmates.

Peter N. Munsing
Peter N. Munsing
answered on Aug 16, 2016

Why not talk to an education law project in new york--they've probably been down that road. Involving the kid in this may give rise to other issues. On the general problem a great organization is www.fellowshipfarm.org

1 Answer | Asked in Criminal Law, Family Law and Juvenile Law for New York on
Q: If you are 18 and your parents try to marry you off,can they be punished for that?

If you have just turned 18 and your parents plan to marry you off to someone,can they be punished by the law for that?

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

I see no legal basis for forced marriage in the USA. 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... View More

1 Answer | Asked in Family Law and Juvenile Law for New York on
Q: Do Police officers have the authority to remove a minor from the home at the parents request.

my son visits home on weekend and holidays. He resides voluntarily at a Community Resident due to his physical outburst.

after a particularly long outburst today we called 911 when he refused to go back and refused to calm himself down. The officer said that New York state did not give him... View More

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

You can file to terminate parental rights. 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... View More

1 Answer | Asked in Family Law and Juvenile Law for New York on
Q: can a non-relative be granted custody of kids in georgia who lives out of state

DFCS is already involved in the case--I already pay the mother support for the older two kids that is not court ordered--both parents have a long history with DFCS in hall county in regards to neglect and domestic violence in the home--I am the step parent of the older two kids but my husband and I... View More

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

Contact a GA lawyer. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

2 Answers | Asked in Criminal Law, Juvenile Law and Personal Injury for New York on
Q: If you are under 18 and you press charges against someone do you or your parents gets the money ? Who gets it ?
Ali Shahrestani,
Ali Shahrestani,
answered on Feb 1, 2017

Your question needs clarification. 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... View More

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1 Answer | Asked in Criminal Law and Juvenile Law for New York on
Q: what will be my punishment for larceny in nyc and will it stay on my record?

im 16 years old and ive never been in trouble with the law until now. i have a court date.

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 1, 2017

Are you being charged as an adult? Misdemeanor larceny punishments may include up to a $1000 fine and/or up to 1 year of jail time. 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/... View More

1 Answer | Asked in Family Law and Juvenile Law for New York on
Q: My wife and I want to take legal responsibility for our 13 year old niece.
Ali Shahrestani,
Ali Shahrestani,
answered on Feb 1, 2017

It depends on what you mean by "legal responsibility". If you want a guardianship or adoption, you'll have to file for that. A child can only be adopted after the parental rights are terminated. The best first step is an Initial Consultation with an Attorney. You can read more about... View More

1 Answer | Asked in Criminal Law and Juvenile Law for New York on
Q: Can i hit a 14 year old if im 17?
Ali Shahrestani,
Ali Shahrestani,
answered on Feb 1, 2017

You can't hit anybody, regardless of your age. Hitting a minor makes it aggravated assault rather than simple assault, and thus it's a more serious crime. 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 Education Law, Criminal Law, Juvenile Law and Personal Injury for New York on
Q: My girlfriend is getting bullied at her school and the school won't do anything about it. Isn't that illegal?
Jonathan Damashek
Jonathan Damashek
answered on May 5, 2016

It's most likely not illegal. However, the school might be open to liability depending on the facts of the case.

1 Answer | Asked in Criminal Law and Juvenile Law for New York on
Q: If our 17 year old boy runs away with his 16 year old girlfriend, can her parents have him charged with kidnapping?
Ali Shahrestani,
Ali Shahrestani,
answered on Feb 3, 2017

It may be considered kidnapping and/or contributing to the delinquency of a minor, but it depends on the facts. 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 Family Law for New York on
Q: Im 17 years old can my mom have parental consent over if im allowed to go to prom or not??
Ali Shahrestani,
Ali Shahrestani,
answered on Feb 3, 2017

If you're a minor, parents can limit your rights. 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

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