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New York Juvenile Law Questions & Answers

1 Answer | Asked in Juvenile Law for New York on

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

Ali Shahrestani, Esq. answered on May 12, 2017

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...
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2 Answers | Asked in Criminal Law, Civil Rights, Juvenile Law and Sexual Harassment for New York on

Q: Let's say I was sexual abused as a child but the person who abused me was also a child but older than me.

What is the likely hood of me being able to arrest them or sue them in court of what happened happened a long time ago and would it even be worth the effort.

V. Jonas Urba answered on Apr 23, 2017

I don't know what a long time ago means? Why not go to a police station near where the incident happened and ask a detective who works on cold cases? If the crime is still able to be prosecuted they will jump on it. They may even refer you to the attorney general if other persons were harmed. You... Read more »

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1 Answer | Asked in Juvenile Law for New York on

Q: I'm sixteen - am I able to emancipate myself from my parents?

Ali Shahrestani, Esq. answered on Apr 20, 2017

You can file for emancipation in court. 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... Read more »

1 Answer | Asked in Family Law and Juvenile Law for New York on

Q: Im 17, i am pregnant My mom doesnt know and i want to move in with my babys father how do i go about can i just leave?

I havent told my mother because i dont know how she will react. She gets really mad over little things then telling her this i dont know what to do

Ali Shahrestani, Esq. answered on Apr 18, 2017

There may be a statutory rape issue here. You may want to file for emancipation if you want to move out, but that wouldn't absolve the father of any possible criminal violations re: statutory rape.

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

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1 Answer | Asked in Family Law and Juvenile Law for New York on

Q: What are the steps for emancipation of a 17 year old in NY?

The parents are verbally abusive and often take away the rights of the child for rumors which are always proven untrue. This includes telling the child that they will not do anything with their life, are ugly, should kill themselves, as well as breaking appliances in the home during fits of anger.... Read more »

Ali Shahrestani, Esq. answered on Apr 11, 2017

The child can file for emancipation via the courts and can report abuse/ neglect to Child Protective Services. 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,... Read more »

1 Answer | Asked in Juvenile Law and Public Benefits for New York on

Q: My daughter got into a fight at school they called the cops but she's only 15 can she go to jail? What can happen to her

Ali Shahrestani, Esq. answered on Apr 3, 2017

She can be charged with assault and battery, if applicable. It depends on whether she has any defenses. Juvenile jail time is a possibility with those crimes. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an... Read more »

1 Answer | Asked in Civil Rights, Criminal Law and Juvenile Law for New York on

Q: My daughter got caught shoplifting and she is under 18 and no cops were called and they took her ID without telling me

Isn't it against the law to take a minors ID without notifying their parent or guardian

Ali Shahrestani, Esq. answered on Mar 30, 2017

They can ask for her ID, and she can choose to give it to them. Did they literally physically force it out of her possession? 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... Read more »

1 Answer | Asked in Family Law and Juvenile Law for New York on

Q: how do you transfer a legal guardianship of a minor form NY to Florida

I spoke to a lawyer in Florida and they mentioned that I need to be released from guardianship in NY so I can file for Guardianship in Florida

Ali Shahrestani, Esq. answered on Mar 30, 2017

Your guardianship in NY should be valid in all the states of the USA under the US Constitutions' "Full Faith and Credit Clause". 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,... Read more »

1 Answer | Asked in Civil Rights, Education Law, Family Law and Juvenile Law for New York on

Q: I'm 18 and I want to go to school in a different state without my parents?

I'm 18 years old and I'm a junior. I live in NY. My sister lives in SC. She wants me to move to SC and finish school there. My parents are totally okay with that. But my question is is there a way I can go to school there without my sister taking custody of me or a legal guardian? After all I'm 18,... Read more »

Ali Shahrestani, Esq. answered on Mar 25, 2017

If you're 18, you're legally considered an adult, and nobody can "take custody" of you. 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,... Read more »

1 Answer | Asked in Juvenile Law for New York on

Q: Under what circumstances can a minor sign a legally binding contract?

Ali Shahrestani, Esq. answered on Mar 24, 2017

For necessaries, if they're emancipated, if they have a cosigner: there are various possibilities. 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,... Read more »

1 Answer | Asked in Juvenile Law and Criminal Law for New York on

Q: Is it legal to receive oral intercourse from a 15 year old if your 18

A girl 15 year old was asking about oral sex a buddy of mine wanted to know about the legal issues with that. Hes 18

Ali Shahrestani, Esq. answered on Mar 19, 2017

No. See: http://ypdcrime.com/penal.law/article130.htm

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...
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1 Answer | Asked in Civil Rights, Education Law and Juvenile Law for New York on

Q: Is it legal (NY) for a police officer to examine and question a minor (13 years) without parent consent or presence?

My 13 your old son was at school complaining of headaches and was sent to the nurse's office. When examined by the nurse, his eyes weren't reactive to dilation. A police officer was called in and examined my child and further questioned him about drug use (was he taking drugs?, etc.) I was not... Read more »

Ali Shahrestani, Esq. answered on Mar 6, 2017

This sounds legal. Your child should be familiarized with his civil rights. See: https://www.aclu.org/issues/free-speech/student-speech-and-privacy

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney....
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2 Answers | Asked in Criminal Law and Juvenile Law for New York on

Q: can a school lock a 14 year old in a room and intaragate him with out a parent there

Ali Shahrestani, Esq. answered on Mar 3, 2017

I see no legal basis to lock a child in a room unless he's being temporarily held for community safety pending police investigation of a alleged crime. Schools are permitted to question children students, and kids certainly can invoke their Miranda rights. More details are necessary to provide a... Read more »

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1 Answer | Asked in Juvenile Law for New York on

Q: At what age can I petition for emancipation from my parents?

Ali Shahrestani, Esq. answered on Feb 24, 2017

See: http://www.nycourts.gov/CourtHelp/Family/emancipatedChild.shtml

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...
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1 Answer | Asked in Family Law, International Law, Juvenile Law and Municipal Law for New York on

Q: I am 17 and joined a semi porn site (18-up.) Met a guy and in confidentiality told him I was 17 almost 18.

We sent dildos. (Never naked pics) And I wrote him a colorful story (sex story.) Eventually, I tell him I'm uncomfortable and need space. So he gets the staff involved and they said they want to track my ip, let me parents aware, and take legal action. What do I do? And he's crazy. What could I be... Read more »

Ali Shahrestani, Esq. answered on Feb 8, 2017

You may have violated the Terms of Use of the site, which may be considered fraud and breach of contract. 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,... Read more »

1 Answer | Asked in Juvenile Law for New York on

Q: A 12 and 14 year old dating ?

My sister is 12 years old and her birthday is December 28, 2003 and her boyfriend is 14 years old and his birthday is March 20, 2001.... He'll be turning 15 soon. Is it okay that their dating ?

Ali Shahrestani, Esq. answered on Feb 4, 2017

If there are no sexual relations between them (which are illegal for minors), then I see no problem, but it depends on the facts. 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/... Read more »

1 Answer | Asked in Health Care Law and Juvenile Law for New York on

Q: If a parent goes to the pharmacy and requests a printout

If a parent goes to the pharmacy and requests a printout of all the prescriptions that her child has received over the year, can the parent be denied access based on the child's age. If so what is the minimum age that the child has to be for this to happen?

Ali Shahrestani, Esq. answered on Feb 4, 2017

See: https://www.hhs.gov/hipaa/for-professionals/faq/227/can-i-access-medical-record-if-i-have-power-of-attorney/index.html?language=es

The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media...
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1 Answer | Asked in Criminal Law and Juvenile Law for New York on

Q: are police allowed to interrogate a student in school without a parent for something not related to domestic violation

Utica police interrogated my son at Utica city school district for a pushing incident after his life was threatened by another student. no parent was notified of police involvement and was given police paperwork and sent home.

Ali Shahrestani, Esq. answered on Feb 4, 2017

That is typical and permitted. Your son should know his Miranda rights. 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. I practice law in CA,... Read more »

1 Answer | Asked in Juvenile Law for New York on

Q: I am turning 19 and I'm looking to become emancipated from my parents.

My parents earn only about $20,000 annually and are therefore on Medicaid. Although they are barely earning any money, they are still so close to the cutoff amount that if I go to work they will lose their government benefits. I live with them, I'm a full-time student at a community college (paid... Read more »

Ali Shahrestani, Esq. answered on Feb 4, 2017

At 18, you're an adult, "emancipated" as it were. You can technically decide to move out on your own. 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... Read more »

1 Answer | Asked in Family Law, Health Care Law and Juvenile Law for New York on

Q: How long can a facility...hospital hold my 14 year old. Her counselor had made a call to have her taken and evaluated?

I'm in New York State. My 14 year old was taken from school to the hospital to be elvauated. Her counselor was concerned and made the call. She's at Four Winds Hospital in Saratoga, NY. She wrote down that she'd rather be dead then go back to her fathers. With all my heart I do not feel she is... Read more »

Ali Shahrestani, Esq. answered on Feb 3, 2017

She may presently be considered a temporary ward of the state. 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. I practice law in CA, NY, MA, and... Read more »

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