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Juvenile Law Questions & Answers
1 Answer | Asked in Criminal Law and Juvenile Law for Texas on
Q: Hello, I recently had two individuals come at night vandalizing my vehicle. I have video proof. What actions can I take?

Both age 15/16, my age being 16. I know who they are and have video proof

John Cucci Jr.
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answered on Sep 24, 2023

I would have your parents call the other kids' parents to try to resolve things. If not, then call the police and give then a COPY of your video proof. Do not wait long as that will eventually cause a problem. The other kids' parents probably have home insurance which may pay for the... View More

1 Answer | Asked in Criminal Law, International Law and Juvenile Law on
Q: American college student (20) in Germany with a local girlfriend (17). Confused about US age of consent law.

US law (18 USC) says if we had consensual sex, we would be violating the law under "chapter 109A" but I read all that and nothing in there applies. She is over 16 and there is no commercial sex, no trafficking or porn going on. I am not a tourist and we only recently met. We are in... View More

James L. Arrasmith
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answered on Sep 24, 2023

Under 18 U.S.C. § 2423(c), it is illegal for a U.S. citizen to engage in illicit sexual conduct with a minor while outside of the U.S., regardless of the local age of consent. However, the term "illicit sexual conduct" specifically excludes consensual sex acts if the minor is 16 or... View More

2 Answers | Asked in Criminal Law, Family Law, Civil Rights and Juvenile Law for Kentucky on
Q: I have a bench warrant & need to renew my license in Campbell Co. I've secured insurance since. Will I be arrested?
T. Augustus Claus
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answered on Sep 22, 2023

If you have an active bench warrant against you, you run a significant risk of being arrested if you go to a government office like the DMV to renew your license. Bench warrants are usually entered into a statewide database accessible by law enforcement, including the officials who work in DMV... View More

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1 Answer | Asked in Criminal Law, Traffic Tickets, Car Accidents and Juvenile Law for Tennessee on
Q: My son 17yrs has pleaded guilty to leaving the scene and has a court date of October 17th. Any advice will help

First offense

T. Augustus Claus
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answered on Sep 19, 2023

If your 17-year-old son has pleaded guilty to leaving the scene, it's important to familiarize yourself with the specifics of the state laws where the incident occurred, as penalties can vary. Before the court date, gather any evidence or testimonies that might be relevant to the incident or... View More

1 Answer | Asked in Family Law, Adoption, Child Custody and Juvenile Law for Alabama on
Q: Grounds for termination of parental rights?

We have had custody of a family member since she was 4 months old. (Currently 4 years old) she was removed from her mom (dad unknown) right after birth due to the baby testing positive for meth. Mom has a long standing drug history and a lengthy criminal history associated. A couple months after... View More

Shane Michael Oncale
Shane Michael Oncale
answered on Sep 16, 2023

Well, first and foremost being in a courtroom battle is one of the most stressful times in anyone's life. Whether your counsel is appointed or retained you want and I would say need to feel comfortable with your representation. If you are not happy and don't feel comfortable it is wise... View More

1 Answer | Asked in Family Law and Juvenile Law for North Carolina on
Q: Can parents stop you from buying something with your own work money, and if you do buy it, can they take it. Child is 16
James L. Arrasmith
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answered on Sep 14, 2023

Parents generally have legal authority and control over their minor child's actions, including managing their finances and possessions. They can restrict or take away items purchased with the child's money if they believe it's in the child's best interest or for disciplinary... View More

1 Answer | Asked in Child Custody, Juvenile Law and Family Law for California on
Q: What should I do when the sheriff / cps comes by

My wife has an issue with a school and plans to abruptly withdrawal our kid. I dont agree but that's a whole different issue. I talked to the principal to figure our ways to help my wife feel better about the school. Also asked what will I expect to happen in the time after. She explained she... View More

James L. Arrasmith
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answered on Sep 13, 2023

In California, when interacting with CPS and law enforcement, you maintain the right to remain silent and the right to legal representation. You are not required to let them into your home without a warrant. However, working cooperatively, while protecting your rights, could potentially foster a... View More

1 Answer | Asked in Juvenile Law for Nevada on
Q: Juvenile son was taken into custody to juvenile detention center but he is 18 years old and he was taken in on a parole
T. Augustus Claus
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answered on Sep 12, 2023

In Nevada, when an 18-year-old is taken into custody for a parole violation and has a history of involvement with the juvenile justice system, the legal process can be complex. While 18 is typically considered the age of majority, the juvenile justice system may still have jurisdiction over... View More

1 Answer | Asked in Juvenile Law and Military Law on
Q: i am wondering if i would be able to date someone who is 23

i am 16 and live in Alberta. The person i would like to date is not in any position of power such as a mentor, instructor, however they do work in the military.

James L. Arrasmith
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answered on Sep 11, 2023

In Canada, the age of consent for sexual activity is 16 years old, but there are exceptions where the older person is in a position of trust or authority over the younger person, or where the relationship is exploitative. Given the age difference and the fact that the person works in the military,... View More

1 Answer | Asked in Gaming, Personal Injury, Juvenile Law and Internet Law for California on
Q: I bought some assets from a code dev and then put them into a game and then the co-owner banned me and stole them. sue?

Can I sue the co-owner for stealing my assets and my game? The co-owner is only 16 and I'm 24 the reason I even trusted him as a co-owner is because he had modeled and coded stuff for me for about 2 years on different games and always did a great job despite his young age and always acted... View More

James L. Arrasmith
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answered on Sep 10, 2023

Under California law, you might have a case based on breach of contract, unjust enrichment, or conversion. Since the co-owner is a minor, there could be some limitations on the enforceability of any agreements you had with him. You should gather all the evidence of your agreements and the work... View More

1 Answer | Asked in Juvenile Law on
Q: What is considered child porn? Can insurance use it as evidence in court for their case?

if the case is about mental health, can insurance use surveillance of a minor kissing another minor and send it in as evidence saying that the plaintiff is not actually mentally ill because they appear to be in a relationship?

John Michael Frick
John Michael Frick
answered on Sep 6, 2023

Child pornography is defined as any visual depiction of sexually explicit conduct involving someone under 18 years of age.

It would be very difficult to use child pornography as evidence in a civil matter since its production, distribution, and possession is illegal.

Of course,...
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1 Answer | Asked in Family Law, Juvenile Law and Legal Malpractice for Iowa on
Q: How do I find a lawyer pro bono that will fight against dhs for my family and reunification. The laws are being broken!!

My boys were wrongfully removed... We got evicted and they were removed 2 months later! In November it will be a year this case open and we have tried to fight them and show them the proof that placement is lying and abusing our children! My babies want to come home.. my husband has done... View More

John Michael Frick
John Michael Frick
answered on Sep 6, 2023

Most pro bono legal services are provided through local legal aid clinics. These clinics have the training and resources to screen potential clients for indigency and to complete the necessary paperwork for those clients to proceed in court in forms pauperis. Many legal aid clinics handle cases... View More

2 Answers | Asked in Family Law, Child Custody and Juvenile Law for Iowa on
Q: Who do I contact when dhs boys town and the gal won't do anything about my son being touched by the foster care family.
T. Augustus Claus
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answered on Sep 6, 2023

If you suspect that your son has experienced abuse or inappropriate conduct while in foster care, it's crucial to act swiftly and decisively. Begin by reporting the incident to the appropriate authorities, such as your local law enforcement agency or the Iowa Department of Human Services... View More

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1 Answer | Asked in Criminal Law, Constitutional Law and Juvenile Law for Texas on
Q: During a plea bargaining, if a defendant pleads guilty, is the prosecution still required to submit evidence?

During a plea bargaining, if a defendant pleads guilty, is the prosecution still required to submit evidence and prove guilt of defendant; or, is the guilty plea enough to stand alone as evidence of guilt, even if the prosecution has a weak case?

John Michael Frick
John Michael Frick
answered on Sep 4, 2023

In some cases—particularly serious felonies—the prosecution must produce evidence to corroborate the plea. This is designed to prevent someone from pleading guilty to a crime they did not commit in order to cover for a relative or friend. It is usually perfunctory.

1 Answer | Asked in Criminal Law and Juvenile Law for New York on
Q: If my son was charged for a crime but upon being picked up he wasn't ready any rights is that proper arrest

He was on house arrest for other charges and was told he was going to get fingerprints and be released to me.i was on the phone when they told him this so I agreed but then they kept him and charged him for something else but he wasn't aware or read any rights.he also has a mental disability.i... View More

Marco Caviglia
Marco Caviglia
answered on Sep 2, 2023

In NY, the police need not administer Miranda rights until he is actually arrested. Often, they will delay a formal arrest of a target in order to interview him, raising the potential suppression hearing issue that the defendant was in actual custody, not just being interviewed. Consult a... View More

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Texas on
Q: is there some law or right thats says this is wrong

im 14 and got my girlfriend pregnant her parents are saying she has to have an abortion because having the baby can kill her and seriously hurt her and i looked it up and if that was the case it would be a mandatory abortion and now they dont even wanna tell if us shes gonna end up getting a... View More

Elisa  Reiter
Elisa Reiter
answered on Aug 31, 2023

Even after the Dobbs decision, a woman has the right to choose. A minor woman would need to work with her parents to obtain a timely abortion. If your girlfriend chooses to have the baby, keeps the baby, and gives you information, you could have the option of signing off on the baby's birth... View More

1 Answer | Asked in Juvenile Law for California on
Q: if DCFS removes a child then files a petition but fails to include the Medical Diagnosis of the child wrongful removal??

can you claim wrongful removal

James L. Arrasmith
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answered on Aug 15, 2023

If DCFS removes a child and fails to include relevant medical diagnosis in the petition, it could potentially support a claim of wrongful removal. However, success in such a claim would depend on various factors, including the specifics of the case and the laws applicable in California. Consulting... View More

1 Answer | Asked in Traffic Tickets and Juvenile Law on
Q: What happens if a person, 12 years old rides a 125 ccm in public roads what crime will they be charged with?

who will be charged the offender or the parents

T. Augustus Claus
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answered on Aug 8, 2023

In many places, including most states in the US, a 12-year-old operating a 125cc motorcycle on public roads might be in violation of laws regulating the age and licensing requirements for operating motor vehicles. This could result in charges related to underage driving without a valid license or... View More

1 Answer | Asked in Criminal Law and Juvenile Law for Kansas on
Q: My son is a minor and may or may not face criminal charges. Does he need a lawyer?

The officer and the detective said the decision is up to the DA's office.

T. Augustus Claus
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answered on Aug 8, 2023

If your son is facing potential criminal charges, it is strongly advisable to consult with a lawyer as soon as possible. Even if the decision regarding charges ultimately rests with the DA's office, having legal representation can be crucial to protect your son's rights and ensure his... View More

1 Answer | Asked in Child Custody, Family Law and Juvenile Law for Texas on
Q: Ex has custody in Washington state. I live in Texas. Daughter is 16. Extremely bad living situation. Wants to live w/me

Dad bans her from contact w/me. Horrible neglect and abuse. She's in chins petition with placement with a friend mine but placement is no longer going to work and chins is being dropped. She cannot go back to her dad's care. She wants to live with me in Texas. What is the fastest way to... View More

Elisa  Reiter
Elisa Reiter
answered on Aug 7, 2023

Discourage your child from running away. There are civil and criminal penalties for kidnapping a child. In the given situation, where the daughter is currently in Washington state with her father and wants to live with you in Texas due to an extremely bad living situation, there are legal options... View More

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