My 15 year old son currently has a juvenile case. He has made all his probation appointments and is doing everything the probation officer had asked him to do. Twice now the probation officer has done an unannounced home visit and entered my house without me being home. Does he have the right to... Read more »
Probably not best practice for a number of reasons, but I believe if your son is home, the probation officer can visit at any time. Remember, probation is a grace granted by the court as an alternate to jail - or in the case of juveniles, detention.
I would mention this and your concerns to...Read more »
No. Courts will recognize either the litigate or a licensed attorney appearing on behalf of the litigate. In some cases a person may have a "next friend" step in his or her shoes and can still have an attorney. The 15 year old in your scenario would not be recognized by a court as a...Read more »
I, like all lawyers, grow concerned whenever adverbs are used to qualify statements. What does "barely talking" mean? Did you exchange pleasantries or phone numbers? Without knowing what this talk was about, it's impossible to determine your legal exposure.
My friend is in a situation where he got into a fight with his dad, and it was going to court, but his dad talked to the prosecution office (my friend's dad used to be a police officer and he knows others in that field) and they came to an agreement and called off the trial but made a... Read more »
Is this a juvenile matter? If so, it sounds like the decision was made to put the case on what's called the consent calendar. Why would your friend want a trial in this case, and possibly face 1) a record (albeit juvenile), and 2) worse sanctions?
It depends on what you are on probation for. If you were convicted of a sex offense, contact with minors might violate a condition of your parole. If you were convicted of something other than a sex offense, then mere "dating" is generally not illegal. But a physical relationship could...Read more »
I was not convicted. I was given a deal through HYTA. 6 months probation. When I do a background check, it comes up clean. But I'm applying for a job where I have to be fingerprinted if I am hired. Will the arrest show up in the fingerprint report?
The wonderful thing about HYTA is that upon successful completion, you don't have a criminal conviction, and so you may rightfully report no convictions, and it shouldn't show up on background checks as a conviction. That said, you may have an arrest record, which is an indication that...Read more »
If you are accused of assaulting the young lady, you could be prosecuted for assault & battery. Assault & battery is a misdemeanor which carries a potential jail sentence of up to 93 days. If you were 17 at the time of the alleged offense, you'd be prosecuted as an adult, not as a juvenile.
Good question. There probably is some interplay regarding what is protected information under FERPA and to whom. I do know that as a ward of the court (which a juvenile is while on probation), a probation officer has a lot of leeway into the child's life, and so I do believe the probation...Read more »
Also this is in Michigan so this could be different in other states. My parents just don't like him because of rumors that are not true. They have no evidence at all, just gossip. What can I do? I also read that I can "run away" at 17 and the cops can't force me to go home. Is... Read more »
This scenario falls under what I call the "my house, my rules" law. When you are under 18, and when you live in your parents' house, parents can do what they feel necessary to ensure your general welfare. This includes using any legal means to keep you away from what they believe to...Read more »
When I was 13 I was falsely accused of hitting a swan with a 2×4 board. DNR took it to get X-rays done and nothing was wrong with it. I finally received my papers saying I had to go in front of the referee. When I went my mom repersented me in court and the referee told me if I completed my... Read more »
Since you were a minor, your mother controlled your defense. It’s possible you were appointed a lawyer by the court and your mother talked to the lawyer without your knowledge. Nevertheless, the court believes the lawyer fee was part of your verdict/judgment, and that’s probably written in the...Read more »
Courts make decisions concerning minor children based on the 12 Best Interest of the Child factors. If a court determines that a parent's home school plan is contrary to the child's best interest, it can order the parents to place the child in a different educational environment. In the...Read more »
I'm going to put as much detail here as possible my 26 year old husband was arrested on a juvenile contempt warrant last night in St Clair county Michigan. We are so confused on what is going on and the police won't tell us anything except that the warrant is from 2012, but he has been in... Read more »
You are walking on thin ice that is cracking under your feet. Exchanging nude pictures exposes you and your girlfriend to criminal charges - it is child pornography. Sex and taking nude pictures are two different things. With pictures, the (young) person loses control over the images whereas with...Read more »
Any charges issued are in the discretion of the local prosecutor's office. Likely, he could be charged with assault. If the female is his sister, other relative, or for whatever reason lives in the same household, then he could be charged with domestic violence. Other charges are possible...Read more »
I got into a debate about this. My friend said that within the state of Michigan, that's where I live, a teacher may not engage a student for about a year or two after they have graduated. When I ask about teacher student relations. I'm not just talking about high school teachers. Lets... Read more »
The answer to your question is subject to much debate. From the teacher's perspective, assuming that the student is then over the age of 18, he or she may find that being involved with a former student has career implications if not legal problems.
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