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California Juvenile Law Questions & Answers
1 Answer | Asked in Juvenile Law and Civil Rights for California on
Q: I was incarcerated in juvenile hall in 2003 in Sacramento i am 28 now can i still sue do to unlawful strip searches
Ali Shahrestani,
Ali Shahrestani,
answered on Feb 23, 2017

Are you under probationary terms that allow such searches? Are you in jail? 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 Criminal Law, Family Law and Juvenile Law for California on
Q: What are the consequences of stealing as a minor in California, the item stolen being less than $20.
Ali Shahrestani,
Ali Shahrestani,
answered on Feb 23, 2017

Juvenile court deals with petty theft in CA, which is a misdemeanor with punishment up to 1 year in jail and/or $1000 fine. 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 Appeals / Appellate Law and Juvenile Law for California on
Q: My sons 14 years old and has a case that has been sent to appeals.

His probation officer tells him he need to talk about the case in which he has never admitted to any of the allegations. Counselors and I agree that with his case in appeals he should not be talking about and if he didn't do as alleged he should not say he did. But his probation officer tells... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 22, 2017

I'd recommend hiring a lawyer immediately to prevent your son from being bullied into confessing to a crime that he may not have committed. 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, Constitutional Law, Education Law and Juvenile Law for California on
Q: Can teacher in California make racist jokes and call his students stupid, even though he is joking?
Ali Shahrestani,
Ali Shahrestani,
answered on Feb 22, 2017

That creates a hostile classroom environment and is a violation of the teacher's duties and the students' rights. You can report this to the administration for investigation and resolution. More details are necessary to provide a professional analysis of your issue. The best first step is... View More

1 Answer | Asked in Criminal Law, Family Law and Juvenile Law for California on
Q: Can a 16 year olds parents be arrested for letting the minor go out alone with friends?

Ex: going to the mall with friends. If something bad were to happen to the minor would the parents be responsible for it and face charges?

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 21, 2017

Parents are liable for certain torts committed by minors, but simply allowing a minor to spend time with friends is not in and of itself a crime or tort. Your hypothetical facts are very vague. More details are necessary to provide a professional analysis of your issue. The best first step is an... View More

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for California on
Q: I am 17 1/2 a half what rights do I have regaurding my mother trying to move me to new jersey. Do I have to go?

I am a senior in highschool and have stayed here as long as I have been alive. My college choices are here in California. I don't live with my mom and she doesn't financially support me. I just got a job and will be starting within the next 2 weeks. I will be 18 in 5 months. There has... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 20, 2017

Your father may be able to object to the move-away based on your school needs to finish high school as well as continued time with your dad. Alternatively, you may consider filing for emancipation. More details are necessary to provide a professional analysis of your issue. The best first step is... View More

1 Answer | Asked in Criminal Law and Juvenile Law for California on
Q: Can a 20 year old female lesbian date a 17 year old female teenager without parents consent?
Brian Lehman
Brian Lehman
answered on Feb 17, 2017

Yes, so long as no sexual conduct takes place. Here is what one attorney has written (http://www.shouselaw.com/statutory_rape.html)

Under California Penal Code 261.5 PC, a "statutory rape" takes place when any person engages in sexual intercourse with a person under the age of...
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1 Answer | Asked in Domestic Violence and Juvenile Law for California on
Q: A 17 year old is facing domestic violence charges for defending herself against her mother.

My 17 year old girlfriend is constantly assaulted by her mother, bruises, cuts, and when her mom slapped her again my girlfriend hit her mom in the chest. Her mom then called the cops and pressed domestic violence charges against her. She spent the night in holding and has court in 2 weeks. She was... View More

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

Her attorney may consider pleading self-defense against the allegations. I see no basis for you to appeal, though you may be asked by her or her lawyer to be a witness, if applicable. I see no legal basis for a minor to stay with you. Remember that sex with a minor is a crime in CA, and that... View More

1 Answer | Asked in Juvenile Law for California on
Q: Can a 6 yr old child be arrested
Ali Shahrestani,
Ali Shahrestani,
answered on Feb 16, 2017

Typically as a matter of practice little kids are not arrested, save for the most serious crimes. See: http://www.courts.ca.gov/selfhelp-delinquency.htm

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an...
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1 Answer | Asked in Family Law, Child Custody and Juvenile Law for California on
Q: How a grandparents or aunt's get custody of grandchildren in Mississippi and we are in California

My sister in Mississippi just got her children took away by child services I wanted to know what we can do to get custody of my sister's children

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

Contact a Mississippi lawyer. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client... View More

1 Answer | Asked in Child Support, Family Law, Child Custody and Juvenile Law for California on
Q: Me my mom live in California and want to known how my mom get custody of her grand kids in Mississippi

Child services took my sister's kids away and we wanted to know how we can help out or get custody of the children

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

Contact a Mississippi lawyer. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client... View More

1 Answer | Asked in Juvenile Law for California on
Q: My16 yr son tried to kiss a girl, 17, while they were hugging, she pulled back away. Now there is a 242 investigation.

My Son, 16yrs old, walked a girl 17yrs old home from school. At her house apparently they started hugging and while they were hugging he rubbed her buttocks with his hands. Also while he was rubbing her buttocks he tried to kiss her where she then pulled away and went into her house while offering... View More

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

This does not sound like a simple assault and battery case, as you've described it. Such a crime is typically charged as a misdemeanor, carrying a max sentence of up to 1 year in jail and/or $1000 fine. More details are necessary to provide a professional analysis of your issue. The best first... View More

1 Answer | Asked in Consumer Law, Juvenile Law and Criminal Law for California on
Q: Do any federal or state laws prohibit the sale of power tools such as chainsaws or weed whackers to minors?

If not, can a minor legally be refused sale of such items?

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

See: http://www.dir.ca.gov/dosh/etools/08-010/TE_PowerTools.htm

There are various regulations re: use of power tools by minors in CA; see the above link. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an...
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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 Civil Rights and Juvenile Law for California on
Q: Can my children strike alongside their teachers legally?
Ali Shahrestani,
Ali Shahrestani,
answered on Feb 15, 2017

I see no problem with that, so long as no laws are broken in the process, they're safe, and they have your permission. 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 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 Family Law and Juvenile Law for California on
Q: After I had been released from the E.R. My aunt gave MY infant to my sisters without my permission and refuse to return.

I only gave verbal temporary custody to My aunt for the matter of 24 hours if that and ONLY that allotted time frame. By the time I was released from the E.R. My aunt was in the parking lot with My 5 month old daughter, when I tried to hold my baby she insisted I just sit back and relax and rest... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 9, 2017

You can report this kidnapping to the police. 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... View More

1 Answer | Asked in Juvenile Law for California on
Q: My 12 and his 10 year old cousin where wrestling and puching each other can the 12 year old go to juvenile hall

They where play fighting along with another boy and social services where called because the 10 year old had a big bruise on his shoulder

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 9, 2017

It's possible, but under the circumstances seems unlikely. There may be an investigation of the parents by social services to ensure they're providing a safe home. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation... View More

1 Answer | Asked in Juvenile Law and Criminal Law for California on
Q: if i am a minor (17) soon to be 18 and i want to go live with my 21 year old boyfriend what would happen?
Ali Shahrestani,
Ali Shahrestani,
answered on Feb 9, 2017

He may face criminal charges. 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

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