New York Juvenile Law Questions & Answers

Q: What if a 17 year old threatens a 15 year old at school and the school does nothing?

1 Answer | Asked in Juvenile Law for New York on
Answered on Jan 22, 2019
Ali Shahrestani, Esq.'s answer
The 15 year old child (or the parents thereof) can report the matter to the police as assault (i.e., threat of battery), and the parents can file a complaint against the school. The parents of the 17 year old might also be sued for civil assault for the torts of their minor child. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors,...

Q: Can a 16 yr old be arrested in NYS for hitting his father? The cops have not and it has happened twice now. They say it

2 Answers | Asked in Domestic Violence, Juvenile Law and Criminal Law for New York on
Answered on Dec 1, 2018
Nina Mironenko's answer
File a petition in Family Court for an order of protection (OP). If he hits you while you have an OP they must arrest him. Have you tried therapy for him?

Q: Are any federal laws different than state laws when it comes to juvenile defendants?

1 Answer | Asked in Juvenile Law for New York on
Answered on Oct 13, 2018
Michael Arbeit's answer
Laws vary state to state and Federal Law can be completely different as well to a particular state in regard to a particular matter

Q: Can minors be punished for viewing child pornography? If so, what are the punishments?

1 Answer | Asked in Criminal Law, Federal Crimes and Juvenile Law for New York on
Answered on Jul 10, 2018
Matthew Williams' answer
In theory yes, though cases with minors that do not involve spreading the stuff around are rare.

Q: Can I call cops on 14 year old who refuses to go to school

1 Answer | Asked in Consumer Law, Family Law and Juvenile Law for New York on
Answered on Jan 17, 2018
Michael David Siegel's answer
Talk to the school social worker first.

Q: I was wondering if it was legal for my father to refuse to give me my high school diploma even though I'm 20

1 Answer | Asked in Family Law and Juvenile Law for New York on
Answered on Dec 1, 2017
Stephanie E. Emanuel's answer
Why he does not want to give it to you. This question needs more details. and No one cannot keep another belonging without permission. It is best to resolve conflict without going to court, it can get really expensive and if you explain to your father why you need the diploma for he might be able to understand. And what kind of ID are you looking to make that requires only a high school diploma?

Q: What if a 19 year old punches a 17 year old brother? Would it affect his future jobs?

1 Answer | Asked in Juvenile Law and Criminal Law for New York on
Answered on Dec 1, 2017
Stephanie E. Emanuel's answer
If someone press charges against another, and the matter reaches court and a punishment is ordered, it till be indicated in his background check and affect his employment. Family always run into arguments and minor fights. But the family is a family.

Q: I'm 21 and dating a 16 year old. She will be 17 in 2 months. Are we breaking any laws?

1 Answer | Asked in Juvenile Law and Criminal Law for New York on
Answered on Oct 24, 2017
Andrew S. Tabashneck's answer
New York statutory rape law is violated when a person has consensual sexual intercourse with an individual under age under age 17. If you are not engaging in sexual intercourse, which encompasses a number of sexual acts (none of which you have described), then you. have not violated the law

Q: I am 18 yrs old I live with my mom can she still ground me and keep me inside and not let me outside at all??

1 Answer | Asked in Estate Planning, Family Law and Juvenile Law for New York on
Answered on Oct 12, 2017
Barry Eran Janay's answer
At 18 you are considered an adult under New York law.

Q: My son won a lawsuit.The money was placed in a bank account til he's18.he's 17 wants a car.will court release money befo

1 Answer | Asked in Civil Litigation, Juvenile Law and Personal Injury for New York on
Answered on Sep 26, 2017
Barry Eran Janay's answer
You need to carefully review the Infant Compromise Order and then determine what expenses the amount awarded before he reaches the age of the majority. If the custodian of the funds (usually you the parent) cannot access the funds beforehand for these purposes you may need to contact a guardian or trustee that has been appointed by the court. You may also need to seek a modified Order, but in reality the easiest and most cost effective thing to do would be to just give your son a loan that...

Q: My 16 yr old son is visiting me in hyde park from Florida and shot a Canadian goose with a bb gun and killed it.

1 Answer | Asked in Criminal Law, Environmental and Juvenile Law for New York on
Answered on Aug 9, 2017
Aubrey Claudius Galloway's answer
I I'm quite familiar with this type of matter. It is a very complicated issue with far reaching conclusions most people are able to see ( future ability to get into college/get a job/obtain professional license.

One of my passions is juvenile law because I wasn't an angel growing up and generally get to exercise my role as "counselor" as well as "attorney" in such matters.

Please feel free to contact our office at +1 (914) 912-1555 or my cell at +1 (914) 364-6327 and I'll be...

Q: What will happen to a 10 year old who assaulted a nypd detective twice in one day the first time he went to mediation

1 Answer | Asked in Juvenile Law for New York on
Answered on Aug 4, 2017
Ali Shahrestani, Esq.'s answer
That's a crime and a tort. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This...

Q: My friend wants to know what will happen if him and His girlfriend run away. They both are 16

1 Answer | Asked in Family Law, Criminal Law and Juvenile Law for New York on
Answered on Aug 4, 2017
Ali Shahrestani, Esq.'s answer
Beware of criminal charges of kidnapping, contributing to the delinquency of a minor, and statutory rape, if applicable. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law:...

Q: Is my 14 year old allowed to see the doctor alone

1 Answer | Asked in Family Law, Health Care Law and Juvenile Law for New York on
Answered on Jul 26, 2017
Ali Shahrestani, Esq.'s answer
Yes, typically. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not...

Q: My friend 12 year old son thought it was fun to drive a car. And backed up and hit 3 cars. Can he go to jail?

2 Answers | Asked in Car Accidents and Juvenile Law for New York on
Answered on Jul 18, 2017
Ali Shahrestani, Esq.'s answer
His parents may be sued for damages. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law....

Q: My 17 yr old son moved out without my permission into his 16 yr old girlfriends house and family.

2 Answers | Asked in Family Law and Juvenile Law for New York on
Answered on Jun 25, 2017
Ali Shahrestani, Esq.'s answer
You can certainly contact the parents to help bring the child back, otherwise you can contact the police if that fails. You may face truancy charges yourself, as may he. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and...

Q: i got stopped by a cop and i had weed and a taser on me i was 17 when it happened and i since turned 18 what should i do

1 Answer | Asked in Criminal Law, Civil Rights and Juvenile Law for New York on
Answered on May 23, 2017
Michael D. Litman's answer
You need to hire a lawyer to go over all of the facts of the case with you to determine if you might be able to suppress evidence if the search wasn't done properly. It is impossible for anyone to say in this forum, and you shouldn't post details here since this is open to the public. The possible outcome will depend on your prior record, and the facts of the case. It may be possible to get the charges reduced, and if there is a suppression issue, it may be possible to get it dismissed. Speak...

Q: I'm 15 same with my gf but her dad has legal custody of her and dont like me but the rest of the family approves

1 Answer | Asked in Family Law, Civil Rights, Criminal Law and Juvenile Law for New York on
Answered on May 22, 2017
Ali Shahrestani, Esq.'s answer
Sex with a minor is illegal. The parents may prevent the relationship. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody,...

Q: what could happen if two 8th grade girls attack a 6th grade special ed student?

2 Answers | Asked in Personal Injury and Juvenile Law for New York on
Answered on May 12, 2017
Ali Shahrestani, Esq.'s answer
See my answer to your identical question. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This...

Q: What about my son who is about to turn 18 but was recently arrested -- does his matter turn over to another court?

1 Answer | Asked in Juvenile Law for New York on
Answered on May 12, 2017
Ali Shahrestani, Esq.'s answer
What court is his case in now?

See: http://www.aeesq.com/criminal-defense-lawyer/criminal-defense-law/

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business &...

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