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California Juvenile Law Questions & Answers
1 Answer | Asked in Family Law and Juvenile Law for California on
Q: I am 17 and 7 months year old female . I live with my mom and my siblings and her husband but i want to move out .

I have less then 7 months to be 18 can I move out already ?

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 14, 2017

You might be able to file for emancipation. If there is abuse at home, you can report that to CPS. 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,... View More

1 Answer | Asked in Divorce, Family Law, Child Custody and Juvenile Law for California on
Q: Can an 18 year old move out before graduating high school if the parent doesnt want them to move out?

My almost 18 year old wants to move out when she turns 18 she will still have 4 months of school left. How can i keep her home to finish school? Can she legally be on her own? We live in California and my ex husband pays child support till she graduates high school will that be part of the a way... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 14, 2017

18 year-olds are adults. They can legally move out and live on their own. Even before then, they can file 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 Criminal Law and Juvenile Law for California on
Q: I am 17 on Probation I turn 18 in 2 weeks will I get off probation ?
Ali Shahrestani,
Ali Shahrestani,
answered on Jan 13, 2017

It depends on the terms of your probation. Check the order. Your prior attorney should have a copy, as should you. 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 Juvenile Law for California on
Q: My boyfriend is going to have court & I am wondering if I can attend if I am 15 years old with his mom?

Has court at the Orange County Superior Court- Lamoreaux Justice Center

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 9, 2017

I see no reason why not. Minors are typically allowed in Court, except for rare circumstances. 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 Juvenile Law for California on
Q: how do i write the judge for my juvenile son and ask for sentence reduction or modification

has already served seven months on a original sentence of a year in juvenile camp and recieved an additional 570 back in juvenile hall for minor build ups at the camp.

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 5, 2017

You can ask his attorney to make any necessary motions. 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 California on
Q: is my son who is a minor being held in san joaquin juvenile hall eligible for resentencing or sentence modification

he has been in juvenile for seven months and still has 570 days to do on his second time coming in contact with stockton pd

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 5, 2017

You can request his attorney to make any necessary motions. 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 California on
Q: how do i ask for sentence modification for my son in juvenile hall in stockton ca

My son was given 570 days in juvenile hall because he got in trouble for normal bad behavior when serving a year sentence in the juevenile camp

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 5, 2017

You can request his attorney to make any necessary motions. 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 Contracts and Juvenile Law for California on
Q: What punishment does a teenage minor receive for creating a fake account on a porn site (claiming to be over 18)?
Ali Shahrestani,
Ali Shahrestani,
answered on Dec 21, 2016

That sounds like breach of contract and fraud. If the porn site is punished for allowing a minor on their site, they might choose to sue the minor and/or his/her parents. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This... View More

1 Answer | Asked in Criminal Law and Juvenile Law for California on
Q: Can a juvenile with drawl his plea before sentencing on a felony charge? 1. poor representation 2. withheld evidence

My sons public defender gave him bad advice, withheld letters from witnesses and informed me of the wrong time of court so I missed my minor sons court day.

Ali Shahrestani,
Ali Shahrestani,
answered on Dec 21, 2016

Your son can bring his concerns to the judge immediately, either through the PD, new private counsel, or on his own. 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, Juvenile Law and Domestic Violence for California on
Q: What are the consequences if a 16 year old boy has been trying to hit his 21 year old sister?

The boy and the girl live under the same roof, ownership of their father. The boy is always trying to fuel problems with his sister trying to start a fight. The sister doesn't want any problems for the fact that he's a minor. Whats the consequences if she defense herself by hitting back,... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Dec 14, 2016

It sounds like the teen is assaulting and battering the woman, which is a crime. This can be reported to the police. Self-defense to protect oneself is not without its limitations. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice... View More

1 Answer | Asked in Criminal Law, Family Law and Juvenile Law for California on
Q: Do i have the right to refuse the DA to question my 8yr old minor for any reason?
Ali Shahrestani,
Ali Shahrestani,
answered on Dec 13, 2016

Your child has Constitutional rights to not answer questions under a custodial interrogation, and you and your child can assert the right to an attorney and the right against self-incrimination.

See: http://www.prometheuslaw.com/criminal-defense-lawyer/

The best first step is an...
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1 Answer | Asked in Sexual Harassment and Juvenile Law for California on
Q: If a 15 yr old boy sexually harrases a 6yrs old can he go to jail ?
Ali Shahrestani,
Ali Shahrestani,
answered on Dec 10, 2016

Potentially, if he is found guilty in juvenile court. 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 Attorney-Client... View More

1 Answer | Asked in Real Estate Law and Juvenile Law for California on
Q: In California, a minor can own real property, but cannot make any contracts relating to it. Is there any way around?

I'm a minor looking to become emancipated, and one of the requirements is living apart from your parents, and I'm looking into real estate. Since I can't make any contracts related to real property, I'm looking to find a way to own it but don't see any way around. I know... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Dec 10, 2016

Perhaps a self-settled trust with a professional appointed Trustee is the best solution here. 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 Education Law and Juvenile Law for California on
Q: Can a school confiscate a student's cell phone, refuse to give it back?

About 2 weeks ago, my phone was confiscated from George Washing Carver high school in Sacramento. My parents cannot come and pick it up from the school, because they get off work at around 6:00 PM, and the school closes at around 3:15 PM. They refuse to give it back to me at the end of the day,... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Dec 9, 2016

I can understand confiscating it if you've violated a school rule re: cell phone use and returning it to you at the end of the day with a warning that next time you may face suspension; but I don't see any legal basis for them to hold your property for such an extent of time. Your parents... View More

1 Answer | Asked in Education Law and Juvenile Law for California on
Q: Can school district call my daughter to the school office without a parent present??

Also can a assistant prinicpal threaten you with a district attorney after questioning her about talking to my daughter without a parent present! Also they set up a meeting at district office but a received no notice and I can't attend to talk about her absent from last school year????? Need help

Ali Shahrestani,
Ali Shahrestani,
answered on Dec 9, 2016

More facts are needed here re: why the principal would threaten you or why the meeting at the District Office was called. Generally, principals and teachers can speak to students without a parent present: that comes with the territory. The best first step is an Initial Consultation with an... View More

2 Answers | Asked in Criminal Law, Personal Injury and Juvenile Law for California on
Q: I was convicted of arson as a minor. Found guilty as a felony how long does it follow me. And how can I get it expunged.
Ali Shahrestani,
Ali Shahrestani,
answered on Dec 9, 2016

Few felonies are expungeable, and it depends on the facts of your case, whether you complied with all sentencing and probation orders, the very specific type of felony at issue here, and other factors. The best first step is an Initial Consultation with an Attorney. You can read more about me on my... View More

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1 Answer | Asked in Criminal Law, Child Custody, Child Support and Juvenile Law for California on
Q: I'm 17 and I just had a baby, I have a cps case what rights do i have

My bf is 28 I lied to him about my age and ended up getting pregnant, he wants to be apart of the baby's life but is scared that he will be put in jail cuz of his age what can we do

Ali Shahrestani,
Ali Shahrestani,
answered on Dec 9, 2016

CPS investigations follow a basic procedure, ensuring that due process is served. As for your boyfriend's concerns, your deception re: your age might be a defense, but this is very fact-dependent. The best first step is an Initial Consultation with an Attorney. You can read more about me on my... View More

1 Answer | Asked in Criminal Law, Family Law and Juvenile Law for California on
Q: My daughter is 16 and is involved with a 19 year old girl. What are the California laws regarding this as her parent?
Ali Shahrestani,
Ali Shahrestani,
answered on Dec 7, 2016

An adult who has sex with a minor may be charged with a sex crime in CA. I wrote a related article; have a look:

http://www.prometheuslaw.com/2013/03/13/sex-from-drink-to-kink-california-sex-crime-laws-in-the-real-world/

The best first step is an Initial Consultation with an...
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1 Answer | Asked in Criminal Law and Juvenile Law for California on
Q: So my daughter brought over her pregnant friend the other day, they're both 13 years old and another girl their age

Came looking for her with 3 other people, two witch of were 19 year old male's and the other one who was a 16 year old female, while i was showering. My daughter opened the door thinking it was her older sister but when she opened it the girl their age pushed my daughter out of the door way... View More

Rachel D Miller
Rachel D Miller
answered on Dec 5, 2016

This is considered a crime regardless of whether the girl is pregnant. A battery by definition is a willful and/or unlawful touching of another in a harmful or offensive manner. There are various degrees of battery from a simple misdemeanor to battery with serious bodily injury as a felony. The... View More

2 Answers | Asked in Criminal Law and Juvenile Law for California on
Q: What is the CA penal code 871.5?
Andy Chen
Andy Chen
answered on Dec 2, 2016

871.5 can be obtained via google. It appears to specify a way for a criminal action to be reinstated after it was dismissed previously under the code sections specified in 871.5(a).

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