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California Juvenile Law Questions & Answers
1 Answer | Asked in Criminal Law, Family Law and Juvenile Law for California on
Q: Can a minor receive 10 yrs for a gun enhancement?

he was 16 yrs old! 2 yrs for robbery and 10 yrs for enhancement . are there any new laws he qualifies for?

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

That is a typical penalty for a gun enhancement in criminal matters. 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 Family Law, Criminal Law and Juvenile Law for California on
Q: I'm 17 and my boyfriend 18 can I move in with him?
Ali Shahrestani,
Ali Shahrestani,
answered on Feb 8, 2017

Committing sexual acts with a minor is a crime in CA, as minors cannot provide legal consent. 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 Juvenile Law and Criminal Law for California on
Q: If a 15 year old punches a 18 year old what happens to the 15 year old, and what if the 18 year old punches 1st
Ali Shahrestani,
Ali Shahrestani,
answered on Feb 8, 2017

Hitting someone is assault and battery, a crime. Hitting a minor is aggravated assault and battery. Self-defense may be considered a justification, but it depends on the circumstances. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial... 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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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 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 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 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 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 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, Appeals / Appellate Law, Child Custody and Juvenile Law for California on
Q: What are some examples of situations that can bee raised with a 366.28 Writ petition?
Ali Shahrestani,
Ali Shahrestani,
answered on Feb 5, 2017

Your question needs details. 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 Family Law, Child Custody, Civil Rights and Juvenile Law for California on
Q: When serving a petition to the respondent, is it required for the petitioner to include a blank response form?

After the petitioner files a petition with the court, they must give service to the other party, the respondent. Proper service requires that the petitioner include a blank response form and a blank proof of service form along with the service. This is to give the respondent the chance to defend... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 2, 2017

Court forms are publicly available online at courts.ca.gov and at the courthouse. Failing to provide a blank responsive form is a faux pas which may result in a continuance re: time to respond. 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 for California on
Q: Can a juvenile be charged with assault with great bodily injury if the hold they used is not considered illegal?

Students were bear hugging and wrestling around with each other. One of the students jumped up on the back of another while crossing his arms around the other students neck. The kid tapped out so the other student jumped off his back and ran off. The other student chased after him grabbing him in... View More

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

This is an issue that should be discussed privately with an attorney. Assault and battery charges don't make exceptions for particular types of wrestling moves. 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 Criminal Law and Juvenile Law for California on
Q: My son got arrested when he was 17 years old and now his 18 years old, as a parent can i be in trouble when i left my

My son attend to his court date alone?

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 17, 2017

I see no basis for any charge of wrongdoing here, so long as you were not subpoenaed to the hearing. 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,... View More

1 Answer | Asked in Education Law and Juvenile Law for California on
Q: Do I need to go to court for truancy if I'm 18?

For background information when I was a sophomore in high school I got warned for truancy for missing a lot and ended up getting it after I dropped out about 2 months before my sophomore year ended when I was 16. They sent me a court paper but I got it late because it was sent to my aunts house and... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 16, 2017

If there is an outstanding summons, it must be answered, regardless of your 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... 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 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 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: 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 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

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