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California Juvenile Law Questions & Answers
1 Answer | Asked in Family Law, Elder Law, Health Care Law and Juvenile Law for California on
Q: I just went to a IEP for 13 old developmentally delayed told to find out on conservitership. Need help & answers.

Do I need to do conservitership, at what time and for what reason since we are her natural parents?

Jeffrey Louis Gaffney
Jeffrey Louis Gaffney answered on Sep 18, 2019

You do not need a conservatorship until the child turns 18. The conservatorship then will allow you to still continue to make all of their decisions for them as you care for them. The process takes 3 or 4 months so start early. Many places can provide you with help at that time; here in San... Read more »

1 Answer | Asked in Juvenile Law, Mergers & Acquisitions and Traffic Tickets for California on
Q: I got a ticket for disobeying sign/signal/ markings at intersection in BH, officer gave me a juvenile ticket but I’m 19
Marc David Pelta
Marc David Pelta answered on Jul 7, 2019

You should contact an experienced criminal defense attorney to schedule a case review, most do not charge for the first meeting with you and then you can consider your options.

2 Answers | Asked in Criminal Law and Juvenile Law for California on
Q: DA offices said No charges will be filed against my sons. But the detective says it's being referred to probation. Why

My son was cited intent to sell 3 thc cartridges. DA office rejected the case. I contacted the detective to get my sons phone back, and he informed me that my sons case is being referred to probation and he isn't able to give me back the phone. The only paperwork I received was from the DA office... Read more »

Rhonda Mae Hixon
Rhonda Mae Hixon answered on Jun 5, 2019

If they are minors, it is most likely a referral for informal handling through juvenile probation.

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1 Answer | Asked in Criminal Law, Family Law, Juvenile Law and Sexual Harassment for California on
Q: 17 and less than a month to be 18 runaway subpoenaed.

My friend is 17 and a runaway from a foster Home. They are a little under a month away from being 17 and he was subpoenaed to his uncle court date for sexual acts done to him which is why he was in foster home.. What will happen because he is a runaway and did not go to the court date?? Will he go... Read more »

Dale S. Gribow
Dale S. Gribow answered on May 15, 2019

much more info needed

he needs to have a consult with a lawyer in his area.

many lawyers will offer a free consult.

i would recommend he writes down a complete summary before seeing the lawyer

1 Answer | Asked in Consumer Law and Juvenile Law for California on
Q: At what age can you legally purchase marijuana in California?

Is it at 21 or 18?

Gerald Barry Dorfman
Gerald Barry Dorfman answered on Apr 24, 2019

21. However, keep in mind that it is still illegal under federal law.

1 Answer | Asked in Gov & Administrative Law, Criminal Law, Constitutional Law and Juvenile Law for California on
Q: Can a sb 620 be addressed on a Franklin hearing remand??

I was sentenced in 2007,when I was 19 (a youth) I received 7years for attempted murder and 25yrs to life for the gun enhancement. I have to go back for a Franklin remand can I bring up the sb 620 as well??

Dale S. Gribow
Dale S. Gribow answered on Feb 22, 2019

much more info needed.

you should pose this question to your lawyer who has your entire record and all pertinent papers in front of him/her.

if you don't have a lawyer see if the public defender would talk to you and review your factual scenario.

1 Answer | Asked in Criminal Law, Juvenile Law and Military Law for California on
Q: I was arrested for the following when I was 12.. I am now 26 and recently made contact with the attorney

that represented me in juvenile court. He suggested and is confident we can successfully unseal my record, file a motion to reduce all felonies to misdemeanors, file a secondary motion to have the case dismissed by a judge, and re-seal the record. By doing so, will that make me eligible for... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Feb 4, 2019

CA Penal Code 17b relates to reductions of crimes for juveniles, depending on the circumstances. See: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=17.

As for information in a background check, typically such checks uncover all arrests that are...
Read more »

1 Answer | Asked in Criminal Law and Juvenile Law for California on
Q: Can a 20 year old girl date a 16 year old guy? How is that viewed? f they were to get physical could the girl go to jail
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jan 2, 2019

Sex with a minor in CA is a crime, as consent by a minor is invalid. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials,... Read more »

1 Answer | Asked in Personal Injury and Juvenile Law for California on
Q: What does it mean when a detaining county has "no jurisdiction" over a two-year old child that currently is being detain

County has had child in custody for six months, case occured in different county,where no charges were filed, county had placed child in home where she endured phyiscal abuse from foster parent, happend in June 30,2018. Mother(I) have attend & completed classes for an parent advocate, I still dont... Read more »

Dale S. Gribow
Dale S. Gribow answered on Dec 29, 2018

More info needed.

You need to ask this of lawyers who are familiar with Indian Law.

However normally when an Entity has no jurisdiction, they no longer have any interest in the matter.

1 Answer | Asked in Criminal Law and Juvenile Law for California on
Q: Would I get in trouble if I hit my 22 year old roommate?

I’m 16 and my roommate goes through my stuff every day yelling at me and telling me how useless I am.

Dale S. Gribow
Dale S. Gribow answered on Dec 20, 2018

MORE INFO NEEDED.

YOUR OPTION IS TO MOVE OUT.......IF YOU CHOOSE TO HIT YOUR ROOMMATE THAT IS A CRIMINAL BATTERY

1 Answer | Asked in Education Law, Juvenile Law and Sexual Harassment for California on
Q: Need a lawyer regarding my 7 year old daughters school for incidents that have taken place. Wanting to know what to do.

My daughter was choked twice and sexually harassed by a student in her class, 1st grade. I met with the district once and nothing was resolved. I have been keeping my child home because I am so concerned with her safety at that school. The school can not tell me when that boy will be back at... Read more »

Angelina Bradley
Angelina Bradley answered on Oct 20, 2018

You need an attorney who specializes in Title IX work. Your daughter has certain rights that can be enforced through the Title IX process.

Do a search for “Title IX attorney San Francisco” and that should be a good place to start.

I’m sorry this is happening to you daughter....
Read more »

1 Answer | Asked in Appeals / Appellate Law, Child Custody, Civil Rights and Juvenile Law for California on
Q: what can i do about false or mislading statemnts given under oath by social worker to supreme court of ca
Donald Arthur Hilland
Donald Arthur Hilland answered on Sep 29, 2018

How do you know the statements are false or misleading? What is your proof that the statements are false or misleading? Are you a party to the child custody case? Or are you simply someone who knows the truth? There are too many uncertainties in your question. Filing documents with the supreme... Read more »

1 Answer | Asked in Immigration Law, Juvenile Law and Sexual Harassment for California on
Q: What can we do against a false allegation of child sexual abuse (Abuse of a minor by a minor)?

My sister-in-law claims that my son, who is 15 years old has sexually abused her youngest daughter who is 5 years old after having had a one-on-one conversation with her and having taken her to a psychologist. She has threatened us to legally proceed against our son and us, and she will go as far... Read more »

William John Light
William John Light answered on Sep 7, 2018

Hire a criminal defense attorney. There is no recourse against a false accusation except defending yourself unless your son is the victim of intentional misconduct. It would be a very difficult case to claim that a 5 year old was intentionally lying and that a psychologist was intentionally lying.

1 Answer | Asked in Civil Litigation, Civil Rights, Juvenile Law and Small Claims for California on
Q: Hello, I am inquiring about my legal options in regards to an incident that occurred with my 8 year old daughter.

A person who has since been identified, took a photo of my 8 year old daughter from my wife's Instagram page. Once the person had the picture she wrote derogatory comments on the picture about my daughters weight and made comments about my 8 year old daughters chest (breasts). She then posted it on... Read more »

Louis George Fazzi
Louis George Fazzi answered on Aug 31, 2018

You need to contact a lawyer who has expertise in cyberlaw. There may also be an issue with child porn if the person made sexual references regarding your young daughter. Perhaps a phone call to your local FBI office might be useful to help sort out all the issues with your unfortunate experience.... Read more »

1 Answer | Asked in Criminal Law and Juvenile Law for California on
Q: So I have been searching and researching what a electronical arrest is and can't find nothing

N/A

Dale S. Gribow
Dale S. Gribow answered on Aug 29, 2018

Need more info

Sounds like criminal and not family law

Sometimes police don’t arrest or do not file in time for arraignment... they file later as a bench warrant and do not notify the defendant of the filing

1 Answer | Asked in Criminal Law and Juvenile Law for California on
Q: Will the CA Board of Nursing be able to view my juvenile misdemeanor on a thorough background check?

When I was 15 I was charged with 3rd degree retail fraud in MI. I went to court and paid the $150 fine, and completed a Consent Calendar Program apparently (I don't remember this). In my court document, it states "no fingerprint or arrest cards were submitted with the petition request. As the... Read more »

Dale S. Gribow
Dale S. Gribow answered on Aug 22, 2018

more info needed

juv court matters do not normally come up on background checks

1 Answer | Asked in Criminal Law and Juvenile Law for California on
Q: some one walks up to you with there hands in a fist but there's been no confrontation and i punch him and we fight

Who is wrong and at fault even though the person who walked up to me had made no,threat and no confrontation and I punched him started fighting is there self defense involved

Wais Azami
Wais Azami answered on Jun 11, 2018

This is a hypothetical which can end up in many different directions. I don't want to discuss it here because cops and DA's surf this site quite often. You should instead call a local attorney for a consult.

1 Answer | Asked in Criminal Law and Juvenile Law for California on
Q: Can multiple eyewitness can help us? What is our situation here?

My son, his girlfriend, my husband, and I were arrested for harassment and disorderly conduct at a quick serve restaurant.

My son and his girlfriend are 11. They were just kissing and hugging, then a lady went off on us, we gotten into an argument, and she called the cops on us that got us... Read more »

Dale S. Gribow
Dale S. Gribow answered on Apr 4, 2018

PROSPECTIVE CLIENTS WOULDN’T CALL A DOCTOR FOR A DIAGNOSIS VIA THE PHONE/EMAIL YET THEY DON’T REALIZE THEY ARE DOING THE SAME THING WHEN THEY CALL/EMAIL A LAWYER TO ANSWER TO A LEGAL QUESTION.

IN MOST INSTANCES A LAWYER SHOULD NOT ANSWER A QUESTION WITHOUT GETTING ALL THE INFORMATION. I...
Read more »

1 Answer | Asked in Education Law, Criminal Law and Juvenile Law for California on
Q: How much time for battery on special ed staff i am a minor turning 18 in 2 months am in california

Im a 17 year old and go to a special ed school in california well 3 staff came in to check my perosnals for drugs and I had sum but was only a little bit but got anxious from them ssurrounding me and tryed to get out the door for fresh air and one staff got in way i tryed to get passed him and had... Read more »

Dale S. Gribow
Dale S. Gribow answered on Mar 25, 2018

NEED MORE INFO.........IE POLICE REPORT ETC

YOU ARE A MINOR AND IF THIS IS HANDLED IN JUV CT THEY CAN ONLY KEEP YOU UNTIL YOU ARE 25.........THAT IS WORST CASE SCENARIO.......................

1 Answer | Asked in Criminal Law, Personal Injury, Education Law and Juvenile Law for California on
Q: I live in California and my son got stabbed with a pencil in the leg by a 10 year old can he or his parents be charged

It happened at school and same kid has been suspended before for beating up kids for no reason. He stabbed my kid in the leg intentionally and with premeditation. I want to know what I can do legally because school doesn't seem like they are doing anything other than suspending him again.

William John Light
William John Light answered on Mar 23, 2018

He can be charged as a juvenile. Request a meeting with your local district attorneys office in regards to potential juvenile criminal charges.

It's not clear that the school has power to do anything other than suspend him.

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