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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 am 20 years old can I get arrested for hanging out with a 16 year old at her house?

Her parents want to press charges

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 23, 2017

That depends on what "hanging out" means. If you're worried about whether you committed a sex crime, you should communicate privately with an attorney. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors,... View More

1 Answer | Asked in Juvenile Law for New York on
Q: Are emancipated youth charged as adults if they are arrested?
Ali Shahrestani,
Ali Shahrestani,
answered on Jan 20, 2017

The type of crime is the relevant factor, as is the child's age. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any... View More

1 Answer | Asked in Communications Law, Consumer Law and Juvenile Law for New York on
Q: What are the legal bases for putative rights of children to be subrogated by their parents?

Phone co. claims that the FCC requires that those whose cellphones be geotracked be notified of it. This defeats the purpose of parents who want to track their runaway children. Can the parents prevail in claiming that the notifications must go to them (the parents) only?

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 19, 2017

Generally, if you own the phone, you can track it and receive notifications relating to your phone, even if you've allowed your minor child to use it. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not... View More

1 Answer | Asked in Family Law and Juvenile Law for New York on
Q: Ankle bracelet geotracker?

Parents are obliged to protect their children. If a child has a record of running away to engage in reckless and dangerous behavior, may the parents affix to him an ankle bracelet geotracker? If not, what is the legal basis for the proscription; and, if there be one, how are parents expected to... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 19, 2017

I've never heard of this option. It sounds severe, and it *might* qualify as child abuse. Also there is no way of ensuring that the child will not remove the tracker anyway. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website.... View More

1 Answer | Asked in Civil Rights, Juvenile Law and Education Law for New York on
Q: My son has been accused of cyber bullying should i bring an attorney to the school proceedings?
Aubrey Claudius Galloway
Aubrey Claudius Galloway pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 11, 2017

It is really your choice, and it depends on the severity of the charges and the potential punishment; if there is police involvement than I would say definitely yes. Furthermore, although you should be allowed to bring an attorney, some schools (generally private) do not allow students to do so.... View More

1 Answer | Asked in Juvenile Law for New York on
Q: My son was accused of cyber bullying should I bring an attorney to the proceedings?
Brian Lehman
Brian Lehman
answered on Jan 9, 2017

Yes, especially if the proceedings are criminal. You didn't say who accused him of the cyber bullying. If it was the state, and this is a criminal case, you should get a lawyer immediately. Here is a link to a website that provides an overview of cyberbullying in New York (note, it goes to... View More

1 Answer | Asked in Family Law and Juvenile Law for New York on
Q: i need info on private lawyers and how much it would cost?
Derek John Soltis
Derek John Soltis
answered on Nov 29, 2016

The cost of a lawyer depends on what you need him to do. All lawyers tend to charge different amounts for the same thing. Sometimes things are billed hourly other times there is a flat fee. What is it that you need done?

1 Answer | Asked in Education Law, Criminal Law, Juvenile Law and Personal Injury for New York on
Q: My daughter is getting bullied at her school and the teacher won't do anything about it. Is it legal to bring spy camera

Sometimes the kid lies, so I want to make sure she's honest of what she said and what the teacher really do after my daughter told her that she's being bullied by her classmates.

Peter N. Munsing
Peter N. Munsing
answered on Aug 16, 2016

Why not talk to an education law project in new york--they've probably been down that road. Involving the kid in this may give rise to other issues. On the general problem a great organization is www.fellowshipfarm.org

1 Answer | Asked in Personal Injury and Juvenile Law for New York on
Q: 16 yr old fights 20 yr old both hit eachother then the 16 yr old grabs the 20 yr olds glasses and breaks them.

What can happen to the 16 yr old.

Peter N. Munsing
Peter N. Munsing
answered on Aug 15, 2016

Same answer as before. They could add a count for destruction of property. 20 year old shold contact the crime victims fund to see about replacement of glasses if his health insurance won't cover. https://ovs.ny.gov/

1 Answer | Asked in Education Law, Criminal Law, Juvenile Law and Personal Injury for New York on
Q: My girlfriend is getting bullied at her school and the school won't do anything about it. Isn't that illegal?
Jonathan Damashek
Jonathan Damashek
answered on May 5, 2016

It's most likely not illegal. However, the school might be open to liability depending on the facts of the case.

1 Answer | Asked in Criminal Law and Juvenile Law for New York on
Q: My 13yr old daughter and two other minors were arrested for shoplifting. This is first problem with the law.

The charge is petty larceny. I don't have any knowledge of the other minors charges or records. She lives with her mother and we have a very good relationship. I am married with children and my wife and I have serious health issues and my troubled daughters mother would be hard pressed... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 26, 2015

Yes, the child needs a lawyer. Perhaps there is a diversion program in your jurisdiction for shoplifting offenses.

1 Answer | Asked in Juvenile Law for New York on
Q: can you get emancipated at the age 16 in new york if you have proof or feel that you are not wanted by your parent
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 4, 2015

http://www.lawny.org/index.php/family-self-help-140/other-family-law-self-help-75/142-emancipation

1 Answer | Asked in Family Law and Juvenile Law for New York on
Q: My family and children are being targeted by child protective services and a private citizen can you help

Our personal way of life ,religious beliefs and the way we raise our children is being targeted and scrutinized by cps and a private citizen .We feel like we are under attack and that we have no way to protect ourselves or our children

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 3, 2015

No. We in this nation have taken a stand against domestic violence such that we have to watch our every step to avoid being falsely accused and arrested/prosecuted. We cannot beat our kids or else we lose them. The only way to harass and annoy someone in American today is to use the legal system... View More

1 Answer | Asked in Family Law and Juvenile Law for New York on
Q: How much is a minor involved in the choosing of a foster home for themselves? What are the factors of this involvement?

If a minor's family was ruled unfit to care for them and that minor had to be placed in a foster home in a temporary or permanent manner, how much would the child be involved in the process of choosing a foster family and evaluating potential candidates? Is it dependent on the age of the... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Sep 6, 2015

I suppose that the best person to answer this would be the court itself or the case worker.

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