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Juvenile Law Questions & Answers
1 Answer | Asked in Juvenile Law for Kentucky on
Q: If a cps case was opened to and they decided to take children out of the home, could a 17 1/2 yr old decide where they g

Would a 17 1/2 year old be able to decide to go into a placement or be able to choose a safe place like a friend or family members home to go to if a cps case we're opened and they decided to remove the children from the home in the state of Kentucky

Timothy Denison
Timothy Denison answered on Jan 20, 2020

Most likely great deference would be given to where the child wants to go.

1 Answer | Asked in Juvenile Law for Kentucky on
Q: Can you leave home at the age of 17 and s half in Kentucky

I know someone in a horrible home environment and the longer she stays there the more she feels as if she doesn't want to be alive. Is there anyway she could leave the home without being forced to return home or getting charged.

Timothy Denison
Timothy Denison answered on Jan 20, 2020

With the parents permission or a CPS investigation.

1 Answer | Asked in Divorce, Child Custody and Juvenile Law for Oregon on
Q: Can a noncustodial parent sign dmv forms for my 16 y/o stepson to get his driver's license in Oregon?
Joanne Reisman
Joanne Reisman answered on Jan 19, 2020

You will need to ask he DMV. But you are a step parent and not either a custodial or non-custodial parent. To save on being hassled just have one of his parents go with him. I don't think DMV cares who has legal custody.

1 Answer | Asked in Juvenile Law for Georgia on
Q: In the state of GA can my parents call the police on me for going to the park without their consent?

I want to go to the park and hang out with friends after school but my parents won’t allow me and they threaten to call the police and report me as a runaway if I go anyway. I’m 16 soon to turn 17 and I just want this little bit of freedom, so can I get in trouble with the law? I have good... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Jan 18, 2020

The answer is yes they can. It is best to comply with your parent’s rules to avoid any potential charges.

I wish you well.

The Upshaw Law Firm, (770) 240-0922.

1 Answer | Asked in Criminal Law and Juvenile Law for Illinois on
Q: Can you tell me the maximum and mandatory sentence for a juvenile charged with Murder/intent to kill? In Rock Island, il

I was made aware of possible change to number of years for this charge

William Wolf
William Wolf answered on Jan 18, 2020

Your question requires more information. If you're asking this question on the juvenile's behalf, you really need to be asking this question of his or her lawyer.

I assume that this juvenile is being charged as an adult. The minimum for first degree murder is 20 years in the Illinois...
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1 Answer | Asked in Libel & Slander, Family Law, Civil Rights and Juvenile Law for Georgia on
Q: If I can prove perjury from the report by a CPS worker that got my children taken away will the whole case be dropped?

I have evidence that the Child protective services case worker who made the report after having my children removed from my custody lied in the report to justify her actions. Not only do I have documentation proving her lies, but I also have eye whitnesses to the entire incident when she took my... Read more »

Ellaretha Coleman
Ellaretha Coleman answered on Jan 17, 2020

If you can demonstrate that based on the cases workers lies, the children would not have otherwise been deemed dependent, you may be able to get your case dismissed. You need to consult with an attorney to discuss your allegations and options moving forward. An attorney should be appointed to you... Read more »

2 Answers | Asked in Family Law, Juvenile Law and Libel & Slander for Georgia on
Q: Is an attorney representing DFCS under oath when she is presenting evidence to the Judge?

My DFCS case worker knowingly gave false information to their attorney to present to the judge to increase punishment for the crimes they are accusing my family of. I have irrefutable proof that they have committed perjury not just this time, but as well as the initial statements made by the... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Jan 17, 2020

Yes, any testimony given to a judge in court is presumed under oath with penalty for perjury. It is best to contact an attorney who can assist you with the specifics of your case and provide you with tailored representation.

We are glad to assist you. Contact us whenever you are ready....
Read more »

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1 Answer | Asked in Criminal Law and Juvenile Law for Virginia on
Q: A 16-year-old was running her mouth and threatening my daughters friend with a knife then I came to her aid and she

Started Running her mouth to me being very rude and now she keeps running her mouth to me being very rude and now she keeps threatening to hit me if she hits me can I hit her back because I’m not going to just stand there and let some 16-year-old knock the shit out of me and not do anything.... Read more »

Shemeka C Hankins
Shemeka C Hankins answered on Jan 16, 2020

Sounds like you may potentially need a protective order against this child. You can actually have her charged with simple assault at this point if you are in reasonable fear that she is going to cause you bodily harm and you can articulate why or present evidence such as a video of her conduct.... Read more »

1 Answer | Asked in Juvenile Law for Virginia on
Q: I am 15 can i go to detention for assult and battery even tho i was assulted also ?

I am 15 years old i got into a altercation with my mother for assult and battery but the judge dosent know that she hit me in the head with a metal object during the altercation and my grandma had to take me to the hosptial because i had a knot... Even tho i was assulted also in that situation wat... Read more »

Shemeka C Hankins
Shemeka C Hankins answered on Jan 16, 2020

There are a number of factors that go into answering your question. However, most importantly sounds like you need to talk to a lawyer to adequately present your defenses to the court. If you were acting in self-defense, you may need help presenting that argument to the judge. You can ask the... Read more »

1 Answer | Asked in Criminal Law, Federal Crimes, Juvenile Law and Sexual Harassment for Utah on
Q: If a guy is 19 years old and dating a 17 year old can parent call cops and get guy in jail or anything

19 year old guy dating 17 year old girl, and hasn’t committed sexual intercourse can parent get cops involved and have 19 year old arrested and charged

Lane Wood
Lane Wood answered on Jan 15, 2020

Having dealt with similar cases before, I know that these situations can be difficult. I don't know if the 19 year old guy is doing anything particularly bad or if you simply don't want him around your daughter. Unfortunately, with the information provided, I do not believe that the situation you... Read more »

1 Answer | Asked in Criminal Law and Juvenile Law for New York on
Q: My 14 yr old had a fight with another 14 yr old off school grounds. My child was the 1st to hit. Can my child be charged

With a crime.

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jan 15, 2020

If there was an injury to the other child, even a small one, the answer is yes he can.

1 Answer | Asked in Criminal Law and Juvenile Law for Louisiana on
Q: Three years ago my grandma kidnapped my little brother. She lied to the police, said my dad didn’t have a house or job

They didn’t do a background check because my dad has all three and we have a better home for my little brother than her. We where going to court against her, and the mom was on our side. The grandmother lied in all her papers and ran my dads name and the moms name in the ground. She got to keep... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jan 14, 2020

Someone needs to hire a juvenile court lawyer.

1 Answer | Asked in Criminal Law, Family Law, Personal Injury and Juvenile Law for Arizona on
Q: I have a dcs case in arizona and it's super complicated...

I gave birth at home. It was planned, my second all natural birth. She came at 37 weeks just like my previous daughter. She was pink she cried she nursed she pooped. We went to sleep when I awoke she was not breathing. Called 911. Was told at hospital she had died. Then I was held in the room where... Read more »

Mike Branum
Mike Branum answered on Jan 14, 2020

First, I cannot imagine what you are going through. I wish you the strength to weather this storm, the patience to deal with the government bureaucracies, and the resiliency of spirit to bounce back from this ordeal when you reach the other side.

Unfortunately, unless you can afford an...
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1 Answer | Asked in Criminal Law, Family Law, Internet Law and Juvenile Law for Alabama on
Q: Can I move out if I get married at age 18 in the state of alabama?
Samuel G McKerall
Samuel G McKerall answered on Jan 13, 2020

Yes, you can. You can also move out whether or not you get married, so if you're getting married just so you can move out, don't bother. Just move out, Now, whether you OUGHT to do either one - get married or move out - are different questions, but with respect to whether you CAN do it, the... Read more »

1 Answer | Asked in Criminal Law and Juvenile Law for Georgia on
Q: Can I be charged with “theft of lost or mislaid property” if I’m underage, and tried to find the owner?

I was dropping my boyfriend off at his car in the school parking lot around six in the afternoon after we had gone to eat. There was a set of AirPods on the ground out in the rain, so we saved them. We waited in the parking lot for an hour or so to see if the owner would come back, granted school... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Jan 13, 2020

The answer is yes, you can be charged. For this reason, it is important to contact an attorney who specializes in juvenile law. It is not in your best to handle this alone.

We are glad to assist you. Contact us whenever you are ready.

I wish you well.

-The Upshaw Law...
Read more »

1 Answer | Asked in Criminal Law and Juvenile Law for North Carolina on
Q: My daughter was babysitting for her aunt and she beat her up she did defend herself she’s 17. What should I do

She repeatedly slapped my daughter in the face she had her by the throat. My daughter want to know if they will report her to dad she has to children that I believe may have seen it she is worried about the kids but that she will get in trouble for hitting her back

Adam Bull
Adam Bull answered on Jan 12, 2020

If daughter was not the aggressor and didnt start the altercation, and if she has injuries, then go to the magistrates office and take out assault charges. Nothing prevents aunt from doing the same thing.

Clearly this is an unhealthy family relationship, and I would sever contact until it...
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1 Answer | Asked in Juvenile Law for Georgia on
Q: So im pregnant and my husbands brother is 13 and he treated to hit me what do u do
Priscilla T. Upshaw
Priscilla T. Upshaw answered on Jan 12, 2020

Your circumstances are unfortunate. There are a few options, but it will depend on some specific circumstances. For starters, consider filing a Temporary Protective Order. There is certain criteria that must be met. Does the juvenile reside with you?

It is best to contact an attorney who...
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2 Answers | Asked in Criminal Law and Juvenile Law for Kentucky on
Q: My friend has to go to court this is his 1st time they have see him but he had a cdw he has been seeing and now he is

Getting charged with disorderly conduct and theft and want to know what a re they gonna do in court

Matt Schalk
Matt Schalk answered on Jan 11, 2020

I assume your friend as a juvenile. He needs to contact an attorney who handles criminal law.

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1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Kentucky on
Q: I am in Oregon. My daughter is 17, in Kentucky. She is a status offender, CPS is involved for abuse inquiry.

For a couple of years my daughter has been in and out of trouble at school and home (promiscuity, unruly behavior, possible drug use, sneaking out.) In November, she was diagnosed with severe depression, anxiety, and PTSD and prescribed prozac, which she has since run out of and it has not been... Read more »

Timothy Denison
Timothy Denison answered on Jan 10, 2020

You should file a motion for change of custody in the county in which she resides in Kentucky. They would certainly let her live with you prior to placing her with DJJJ.

2 Answers | Asked in Criminal Law, Family Law and Juvenile Law for Illinois on
Q: My 12 yr old son told me he exchanged photos of his private parts w/ a girl his age on their phones. Do I need a lawyer?

My son deleted the pics but she shared his with someone at school - not sure how far it's gone. He doesn't even know why he did it, is ashamed, will never do it again but has been getting bullied. We talked to his therapist but she was only helpful for his mental health. I am not sure what... Read more »

James G. Ahlberg
James G. Ahlberg answered on Jan 10, 2020

As a practical matter you don't need a lawyer until the police or the school gets actively involved in the situation.

In the meantime, think of all the TV dramas you've seen where someone is warned "You have the right to remain silent. Anything you say can and will be used against you."...
Read more »

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