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New York Juvenile Law Questions & Answers
1 Answer | Asked in Juvenile Law and Criminal Law for New York on
Q: I'm 21 and dating a 16 year old. She will be 17 in 2 months. Are we breaking any laws?

I just want to make sure no one gets in trouble. We sleep in seperate beds, don't have sex, and we only hug and give kisses on the cheek. We live in New York.

Andrew S. Tabashneck
Andrew S. Tabashneck
answered on Oct 24, 2017

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

1 Answer | Asked in Estate Planning, Family Law and Juvenile Law for New York on
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??
Barry E. Janay
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answered on Oct 12, 2017

At 18 you are considered an adult under New York law.

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

My son was injured in an Indoor skate park.

My son won the case and was awarded money that was placed into a bank account until he turns 18. My son will be 17 next month ,he has a drivers permit and will go for his license or junior license (I honestly don't know how that goes)... View More

Barry E. Janay
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answered on Sep 26, 2017

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... View More

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

THE DEC GUY SAID THAT BECAUSE ITS A PROTECTED SPECIES THAT ITS SERIOUS AND THEY CAN DO A ADMINISTRATIVE HEARING AND MAKE IT A CIVIL MATTER AND BE DONE IN ONE DAY OR KEEP IT CRIMINAL AND WE WOULD HAVE TO FLY HIM BACK AND FORTH FOR COURT EACH MONTH. I DON'T KNOW WHAT'S THE BEST ROUTE TO... View More

Aubrey Claudius Galloway
Aubrey Claudius Galloway
answered on Aug 9, 2017

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...
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1 Answer | Asked in Juvenile Law for New York on
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

My brother an nypd detective was kicked in the groin twice hard enough to vomit and urinate himself and hit in the chest causing a fractured sternum the offender is 10 the second assault happened when they were on a break with the mediation conference what will happen

Ali Shahrestani,
Ali Shahrestani,
answered on Aug 4, 2017

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... View More

1 Answer | Asked in Family Law, Criminal Law and Juvenile Law for New York on
Q: My friend wants to know what will happen if him and His girlfriend run away. They both are 16

He wants to take his parents car also

Ali Shahrestani,
Ali Shahrestani,
answered on Aug 4, 2017

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... View More

1 Answer | Asked in Family Law, Health Care Law and Juvenile Law for New York on
Q: Is my 14 year old allowed to see the doctor alone
Ali Shahrestani,
Ali Shahrestani,
answered on Jul 26, 2017

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... View More

2 Answers | Asked in Car Accidents and Juvenile Law for New York on
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?
Ali Shahrestani,
Ali Shahrestani,
answered on Jul 18, 2017

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/... View More

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2 Answers | Asked in Family Law and Juvenile Law for New York on
Q: My 17 yr old son moved out without my permission into his 16 yr old girlfriends house and family.

He is a special ed student and will lose his placement if he is absent for 20 days and he is not going to school. What can I do?

Ali Shahrestani,
Ali Shahrestani,
answered on Jun 25, 2017

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... View More

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

i was in a park doing nothing and a cop came up to me and started going through my bag where he found a small amount of weed in a grinder and a taser they didn't arrest me what should i expect for a sentencing or punishment and can i plea the 4th if i was sitting on a park bench in the middle... View More

Michael D. Litman
Michael D. Litman
answered on May 23, 2017

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... View More

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

I'm wondering if I'm allowed to see her because he said no but she said yes

Ali Shahrestani,
Ali Shahrestani,
answered on May 22, 2017

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... View More

2 Answers | Asked in Personal Injury and Juvenile Law for New York on
Q: what could happen if two 8th grade girls attack a 6th grade special ed student?
Ali Shahrestani,
Ali Shahrestani,
answered on May 12, 2017

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... View More

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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,
Ali Shahrestani,
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
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.... View 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,
Ali Shahrestani,
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... View 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,
Ali Shahrestani,
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/

More details are...
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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.... View More

Ali Shahrestani,
Ali Shahrestani,
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,... View 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,
Ali Shahrestani,
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... View 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,
Ali Shahrestani,
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... View 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,
Ali Shahrestani,
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... View More

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