Lawyers, Answer Questions  & Get Points Log In
California Juvenile Law Questions & Answers
1 Answer | Asked in Juvenile Law and Sexual Harassment for California on
Q: Im going to be 18 soon my girlfriend is about to be 16 if we decide to have a kid when shes 16 can i get in trouble ?
William John Light
William John Light answered on Mar 22, 2018

Yes, you can get in trouble. Sex with a minor (under age 18) if the perpetrator is not more than three years older or younger than the victim is a misdemeanor.

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=261.5.

1 Answer | Asked in Criminal Law, Family Law, Domestic Violence and Juvenile Law for California on
Q: I got pregnant as a minor my boyfriend is 5 years older can he be prosecuted if we married in california
Dale S. Gribow
Dale S. Gribow answered on Feb 28, 2018

i doubt if they would look back now that you are 18 and if married to him with a baby

1 Answer | Asked in Criminal Law and Juvenile Law for California on
Q: Will they hold him until he's 18 ? Will they release him ? And if not how long will he be in prison ?(months..years) etc

My friend is 17 years old and has been in jail for murder for about 5 months now but the court says the have no evidence or " their still looking " and keeps pushing his court date back , they've done it like 3 or 4 times already and I'm just curious as to what's going to occur . from my... Read more »

Dale S. Gribow
Dale S. Gribow answered on Feb 17, 2018

I NEED MORE INFO

THE DEFENDANT SHOULD HIRE A GOOD CRIMINAL LAWYER OR ASK FOR THE PUBLIC DEFENDER.

NORMALLY AS A JUVENILE HE WOULD BE IN JUV CT BUT IT SOUNDS LIKE ADULT AND WE ALL KNOW THERE IS NOTHING MORE SERIOUS THAN MURDER.

THE BEST THING TO HAPPEN IS FOR THE DA TO BE...
Read more »

1 Answer | Asked in Criminal Law and Juvenile Law for California on
Q: Can my daughter 18 years old can be prosecuted for dating a 16 year old?
Dale S. Gribow
Dale S. Gribow answered on Feb 15, 2018

i would need to have more info.

how intimate is their relationship?

if having sex it could be an issue of contributing to delinquency of minor etc

1 Answer | Asked in Domestic Violence and Juvenile Law for California on
Q: What kind of legal action can I take after a 17 year minor beat and assaulted me? The Minor happens to be my S/O sister.

I am 24 year's old and live in California. Last night my S/O 17 year old sister was verbally threatening me, and shortly after that she physically threatening me and beat me knowing that I wasn't able to defend myself. Law enforcement was called, and I made a report but they did not take any... Read more »

Dale S. Gribow
Dale S. Gribow answered on Feb 12, 2018

i would first follow up with the cops to push an arrest and filing.

anyone can sue anyone else for anything at anytime. The issue is proving and collecting.

you could go into small claims court and sue for up to $10k without a lawyer.

otherwise a lawyer will bill you hourly...
Read more »

1 Answer | Asked in Family Law and Juvenile Law for California on
Q: If CP's has taken away rights from him how can I file to GI e him back rights

We had a cps case where my sons father lost all rights how can I get him to ha e them back

Anthony Regner
Anthony Regner answered on Feb 9, 2018

He can file a Request for Order (FL-300) in the court showing a change in circumstances and requesting a modification of custody.

4 Answers | Asked in Criminal Law, Car Accidents and Juvenile Law for California on
Q: My Wife is temp guardian of 17 yr sister. Sister wants to drive with no license. Are we liable/can we be sued?

Brother in law purchased the car for the sister so it is in his name.

Insurance status is unknown.

Mother-in-law signed off on the driving permit and all DMV related items. Wife and I signed nothing in regards to that.

I assume that as temp guardian my wife is liable for... Read more »

Dale S. Gribow
Dale S. Gribow answered on Feb 1, 2018

there are criminal issues of her driving without a license VC 1601

and civil issues if she gets in an accident and hurts/kills someone...............as a plaintiff lawyer i would join everyone as a defendant.

under no circumstances should she drive or any drive without insurance....
Read more »

View More Answers

2 Answers | Asked in Personal Injury, Education Law and Juvenile Law for California on
Q: My daughter was diagnosed with Bell’s palsy and I want to take her out of school for the rest of the year. is it legal?

My daughter has very good grades, and I know she has been working really hard, she is a junior, and I don’t want her stressing about school, she told me that she wants to drop out for the rest of this school year, and i agree with her. I just don’t want to go to court or I don’t want to be... Read more »

William John Light
William John Light answered on Jan 31, 2018

California students may drop out legally once they turn 18. Students who are 16 or 17 may also leave school, but only if they: have their parents' permission, and. pass the California High School Proficiency Exam (which leads to a certificate that's equivalent to a diploma).

This is a...
Read more »

View More Answers

1 Answer | Asked in Consumer Law, Criminal Law, Identity Theft and Juvenile Law for California on
Q: I am 17, and I turn 18 in one month.

This is my first illegal offense. I tried to use a fake ID to buy blunt wraps at a liquor store. She realized it was fake and put it behind the register. I placed a gatorade on the counter and paid for it and then I grabbed over the counter and took the ID and ran off. Im currently under... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jan 26, 2018

you are a minor so Juv Ct is the worse case scenario............not adult court

not sure if DA would file since you stole something that was yours.........though illegal

every school has their own criteria for admission.

if they look at this just as being in possession of a...
Read more »

1 Answer | Asked in Traffic Tickets and Juvenile Law for California on
Q: Will I have araignment?

My ticket is only an infraction. I do not have a set court date. Instead, I have until February 26 to go in and handle the ticket. I can go into the court anytime between now and Feb 26. I looked up local rules in my area and the court clerk is allowed to give continuance for up to 30 days. Does... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jan 8, 2018

ask clerk on 25th for continuance........if you have to set for trial you can always go in on trial date and ask for continuance.

it is up to court as to whether they will grant but often private lawyers hear cases like this...........i have in the past and always accommodated defendants

1 Answer | Asked in Traffic Tickets and Juvenile Law for California on
Q: When should I ask for continuance?

I don't know asking for a continuance too early in order to get a lawyer could hurt me. If I say that I need extra time to get a lawyer but I still have a month and a half to get one, will they still accept the request? Should I wait a while until I ask for continuance? If so, how long should I... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jan 8, 2018

if it is first appearance that is just for arraignment. you can go in date set and ask for continuance.

in some courts clerk can grant continuance.

1 Answer | Asked in Traffic Tickets and Juvenile Law for California on
Q: Can i tell court I'm in the process of getting a lawyer if I'm actually not going to get one?

My ticket states that t's only an infraction(the police officer was nice). I don't plan on getting a lawyer since it is an infraction, but I would get one if it was the last option. Thanks for the help!

Dale S. Gribow
Dale S. Gribow answered on Jan 8, 2018

yes

your parents are trying to get a lawyer that does not mean they will be able to afford one.

1 Answer | Asked in Traffic Tickets and Juvenile Law for California on
Q: Will the court likely accept my request for continuance? Is this a good enough excuse for not being able to go to court

I have until feb 26 to handle an infraction for driving without license. I want a continuance so that I can get my license before going to court. I'm planning on saying that my mom was on a business trip, my dad couldn't get off work for a whie, and then i went on a college tour trip for a week,... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jan 8, 2018

you can just say your parents are in the process of getting you a lawyer..............ask for a couple of months.

this may be a misdemeanor not an infraction

1 Answer | Asked in Traffic Tickets and Juvenile Law for California on
Q: What is the best way to ask for continuance?Do i need to make up a reason? How long should I wait?

I need the continuance so that I can turn 16 and get my license before I go to court. I don't know whether or not I need a valid reason: I doubt they would let me get a continuance if I tell the court I'm only doing it so that I can get my license first. I don't know whether I should have my... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jan 5, 2018

that answer would work................give them a date after you turn 16.......giving yourself enough time to take tests, pass them and give ID card..............you can always go back and say your mom is talking to a lawyer for you and you need X weeks more

1 Answer | Asked in Traffic Tickets and Juvenile Law for California on
Q: On my ticket it says im being charged with an infraction not a misdemeanor. Does that change anything? Do I need a lawye

I did research online and it said driving without a license can be an infraction or misdeameanor. The cop that gave me the ticket was nice and only wrote me down for an infraction

Dale S. Gribow
Dale S. Gribow answered on Jan 5, 2018

then u got lucky...

if you have the funds a lawyer is always preferable.........

but do get your license BEFORE you go to court..............and a lawyer can probably appear for you so that you never have to go to court.

1 Answer | Asked in Traffic Tickets and Juvenile Law for California on
Q: Will the court clerk allow me to get a continuance?

I'm 15 and I have my permit, I turn 16 in march. I got a ticket for driving alone without a license. It was an infraction that they said was VC 12500a. Im scheduled to appear in court by Feb 26. However, I want a continuance so that I can get my license before I go to court. I'm afraid that if I go... Read more »

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

your plan is the correct one.

either clerk or judge should give you continuance.

you are being charged with a misdemeanor of driving without a license.

tell them (if necessary) you want to talk to a lawyer

3 Answers | Asked in Criminal Law, Personal Injury and Juvenile Law for California on
Q: My friend is being sued for personal injury and false arrest. What are my friend's advantage or disadvantage?

My friend is being sued by a man after the man was arrested for assault and trespassing. She says the man drew a knife at her and stabbed her with the knife, she survived. He says he attacked him with her backpack, but she says she drew a knife on her and her friend so she acted in self-defense.... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jan 3, 2018

sadly anyone can sue for anything at any time........proving the allegations is a different story.

since her dad is a DA and knows a lot more facts than you are sharing he would be the first one i would go to........if he has a conflict maybe he can recommend an atty friend who could try to...
Read more »

View More Answers

1 Answer | Asked in Contracts and Juvenile Law for California on
Q: If I am a 17 year old minor who is dependent on a parent in california, am i legally boun d to a gym membership contract

Hi, my name is Matt and I am a 17 year old who is not emancipated, I am still a dependent of my father, and currently live in California. I entered a 6 month contract for a gym membership (unknowingly, it was a rushed sign up) and later realized that I was contractually obliged to pay the $45 a... Read more »

David Keith Hicks
David Keith Hicks answered on Jan 3, 2018

Minors are considered legally incompetent for some purposes when it comes to Signing a contract. Other contracts they can be held to. And example would be when you agreed to pay two dollars for a candy bar and then eat it

1 Answer | Asked in Criminal Law, Juvenile Law and Sexual Harassment for California on
Q: After a “victim” turns 18, can past allegations for statutory rape still be filed/reported and taken to a court of law?

“victim” had consensual intercourse with “offender” of a 2 year age difference. Since the age of consent in california is 18, this is considered statutory rape. Parents have talked about filing charges but have not, the “victim” will be 18 in 4 months. Can the parents press charges... Read more »

John Karas
John Karas answered on Jan 3, 2018

You're operating under a misconception that the parents have the ability to press charges and/or that this matter is within their "jurisdiction". Only the District Attorney's office has the power and jurisdiction to file and pursue criminal charges.

With that being said, the DA's office...
Read more »

1 Answer | Asked in Criminal Law, Education Law and Juvenile Law for California on
Q: Is it legal in California to audio record a 1st grade teacher for the sake of proof?

I want to know if i can hide/put a voice recorder on my 6 year old for to take to 1st grade because her teacher has been abusive to her and would like to get her on tape.

William John Light
William John Light answered on Dec 24, 2017

No. It is illegal to secretly record a private conversation where one of the parties has a reasonable expectation of privacy. California's wiretapping law is a "two-party consent" law. California makes it a crime to record or eavesdrop on any confidential communication, including a private... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.