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New York Juvenile Law Questions & Answers
2 Answers | Asked in Juvenile Law and Family Law for New York on
Q: I have an issue with a forensic evaluator, they screamed at me and refused to work with me, and showed bias on camera

They stole evidence from me and informed about a situation that was untrue, while laughing at serious issues pertaining to my son. This was all under recording. He lied to the courts to try and save himself after his numerous calls to me after screaming at me trying to “rectify” the situation.... View More

Tim Akpinar
Tim Akpinar
answered on Jun 30, 2024

I'm sorry for your ordeal. This might be something that a family law attorney should advise on, but you await a response for a week. Since you describe a setting involving custody, "Family Law" could be a more relevant category than "Medical Malpractice," the category you... View More

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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 New York on
Q: Judge who signed order was my attorney for a different case and knew the both parties involved. Conflict? Invalid order?

My daughter’s grandmother filed for custody and was granted temporary relief many of reasons given in petition were false. The judge who signed the Show For Cause granting the temporary reliefs, including custody of my daughter, was previously my attorney as a district attorney who represented me... View More

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 5, 2022

There are many convoluted questions here on Justia that give answering attorneys pause, and this is certainly one of them. The call of the question is whether the judge's order is ineffective given the facts of the question. Let's unpack the facts.

The asker's mother lied on...
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2 Answers | Asked in Family Law, Adoption, Child Custody and Juvenile Law for New York on
Q: Do I need to go to court to take my 17 year old sister with me to Florida from NY?

I’m moving to Florida with my husband and kids from NY. My 17 year old sister wants to move wit us. My mom agreed but I’m not sure what I would have to do in order to take her. I’m not sure if i need to get court papers since she will be 18 in a year. She’s home schooled.

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Jun 19, 2024

If she needs to register for school before 18, you need to be her legal guardian.

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1 Answer | Asked in Criminal Law and Juvenile Law for New York on
Q: My son was charged for a crime but he wasn't picked up for it he was told he was going to get fingerprints and let go
Michael Arbeit
Michael Arbeit
answered on Sep 3, 2023

Where did this happen? Contact an experienced criminal defense attorney for a consultation and proper representation.

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for New York on
Q: my daughters attorney in our battle represented her dad in a separate case prior to and after ours is that a conflict?

And can she get in trouble that she knew this and did not recuse herself ?

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 17, 2021

The question certainly may present a conflict if that prior case involved family law in a family court. If that was the case, then the conflict is that the attorney can use information gained from the father and use it either for or against the father. However, if the case was something else in a... View More

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for New York on
Q: I'm fearful of health an safety of my great grandson.my grandaughter is involved with drug addict

Hes psychotic extremely bad,has madexthreats to kill my grandaughter an baby.she continues to stay in that environment.been working with cps whom is of little help what can be done

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Sep 15, 2021

Unfortunately, as a grandparent there isn't much that can be done if CPS doesn't feel that court intervention is necessary.

1 Answer | Asked in Child Custody, Child Support, Juvenile Law and Family Law for New York on
Q: Girlfriend left me. Left her teen behind. No guardian.I have no income. Teen's Dad long gone. CPS won't return calls.
Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Jul 27, 2021

You need to call the CPS hotline in Albany and make a report of a teen with no parents and no support. They have to send someone out within 48 hours to check on the situation and make a determination.

1 Answer | Asked in Juvenile Law for New York on
Q: Can my mother force me to move out with the rest of my family at 17 when i have a viable guardian at my previous home

To give context, my family is moving out to another state in a few weeks, except for my older brother. He is of age to be able to be my guardian since I am still a minor however my mother is forcing me to move out when i can stay here. It’s been a tough year and moving to a one family house... View More

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Jan 4, 2021

You say your brother can be your guardian but you haven't said if he wants to. It would be hard for your mother to force you to move at 17. You should know that at 18 the courts won't get involved.

4 Answers | Asked in Car Accidents, Personal Injury, Civil Litigation and Juvenile Law for New York on
Q: Can I be sued for negligence on behalf of my child?

My 10 year old son waa riding his bike on the sidewalk and accidentally bumped into a woman. The woman fell and scraped her elbow. My son got scared and left his bike and ran home. A few minutes later, I arrived at the scene and the woman's husband immediately began threatening to sue me. The... View More

Michael David Siegel
Michael David Siegel
answered on Jul 13, 2020

In theory you can be sued. Anyone can sue anyone. If you are, send it to your insurance company. If you have no insurance, you will likely not be sued.

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1 Answer | Asked in Family Law, Child Custody and Juvenile Law for New York on
Q: Is it possible that if one of your children supposedly tested positive for methamphetamine and you not be charged

One of my children supposedly tested positive for methamphetamine but I was never charged or convicted for child abuse and neglect because it couldn't be proved that it was me the reason she tested positive but my kids are still in foster care. how is that. Things just don't make sense or... View More

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Jun 16, 2020

If you live in Tennessee you should post this in that state.

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 New York on
Q: I'm from Serbia.I'm 15 year old boy from Serbia and I have been asked to send nudes to a 13 year old girl posing as

I'm from Serbia. I'm 15 year old boy from Serbia and I have been asked to send nudes to a 13 year old girl posing as a 15 year old, I have sent her nudes and she sent some back I still have them as evidence. I was called from social work to talk I am really scared. She was my girlfriend... View More

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Dec 16, 2019

You need to see a lawyer immediately, do NOT answer any questions without speaking to and having a lawyer with you. If you or your parents/custodian cannot afford a lawyer have one assigned to you before you answer any questions or say anything.

2 Answers | Asked in Juvenile Law for New York on
Q: I have a question my 14-15 year old step son thinks its okay for himself to put his hands on me by pushing and shoving m
Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Oct 13, 2019

The answer is no it is not okay. If this continues, you can go to the Department of Social Services and file for PINS Diversion.

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1 Answer | Asked in Criminal Law and Juvenile Law for New York on
Q: Am I allowed to continue dating my 16 year old boyfriend of 1 year and 4 months when I turn 18.

I was 16 when we started dating and he was 15.

Kristen Epifania
Kristen Epifania
answered on Feb 20, 2019

The age of consent in New York is 17 - this means that if you are currently 17 years old and dating a 16 year old, you can potentially be charged with a sex offense if it is a sexual relationship.

1 Answer | Asked in Juvenile Law for New York on
Q: What if a 17 year old threatens a 15 year old at school and the school does nothing?
Ali Shahrestani,
Ali Shahrestani,
answered on Jan 22, 2019

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... View More

2 Answers | Asked in Domestic Violence, Juvenile Law and Criminal Law for New York on
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

Is a domestic matter. What does that mean? What about me? Is it ok for him to hit me too? If we defend ourselves then we will be arrested?

Nina Mironenko
Nina Mironenko
answered on Dec 1, 2018

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?

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1 Answer | Asked in Juvenile Law for New York on
Q: Are any federal laws different than state laws when it comes to juvenile defendants?
Michael Arbeit
Michael Arbeit
answered on Oct 13, 2018

Laws vary state to state and Federal Law can be completely different as well to a particular state in regard to a particular matter

1 Answer | Asked in Criminal Law, Federal Crimes and Juvenile Law for New York on
Q: Can minors be punished for viewing child pornography? If so, what are the punishments?
Matthew Williams
Matthew Williams
answered on Jul 10, 2018

In theory yes, though cases with minors that do not involve spreading the stuff around are rare.

1 Answer | Asked in Consumer Law, Family Law and Juvenile Law for New York on
Q: Can I call cops on 14 year old who refuses to go to school

Refuses to go every day argue and fight and won't budge

Michael David Siegel
Michael David Siegel
answered on Jan 17, 2018

Talk to the school social worker first.

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