Get free answers to your Juvenile Law legal questions from lawyers in your area.
She wants to attend UCF in Florida. She is a senior in high school, and graduates this year in May. She turns 18 in Sept, but school starts before that time. Could she legally leave her house and go to school if her parents want to keep her at home? She really wants to further her education, but... View More
answered on Jan 20, 2018
She can't leave without her parents' permission unless she is emancipated. In order to be emancipated, she will need to petition the court and demonstrate that she is capable of supporting herself independently and making adult decisions. She should consult an attorney if that is... View More
There is not enough room for me at the house. I do not have my room. I want to put my daughter in a better situation. I want to raise her freely. I will also continue my education.
answered on Jan 16, 2018
Yes, your parents can file a runaway petition against you if you leave without their permission. If you truly feel like your situation is not appropriate for your baby, then you can call DCS. Otherwise, you should make the best of the situation until you turn 18. A baby and you don't... View More
Im 20 years old now. I made a dumb mistake when i was 16, got arrested, saw the judge, and was released on OR. I was offered a pre trial diversion in lieu of conviction as long as the terms of the diversion were met satisfactorily. I met the requirements and got the diversion successfully. I... View More
answered on Jan 14, 2018
Any guilty plea as a juvenile doesn't count as a conviction. If you are asked on an employment application if you have ever been convicted of a crime, you can answer honestly no. If the application asks about juvenile offenses (which they usually don't), that is a different story. In... View More
answered on Jan 12, 2018
If you have your parents' permission, it is not illegal, but DCS may get involved if there is not appropriate supervision of you and your boyfriend.
He wants to be free from running all the time and his birthday is nearing really fast. But he's afraid that in the state of Tennessee (Chattanooga) they won't leave him alone until he's 19. Can he come out of hiding at 18 or will they just keep trying to come after him. Ps he... View More
answered on Jan 11, 2018
The answer depends on how he was committed to DCS and specifically which facility he ran from. If he was committed to DCS because he committed a delinquent offense, then the juvenile court can exercise jurisdiction over him and keep him in DCS custody until he turns 19. If he ran from a YDC, he... View More
Are there different charges for intercourse as opposed to other actions, and if so what are the differences?
What age (compared to 22) does the class of the felony increase?
answered on Jan 11, 2018
I am not sure what other actions you mean. Mitigated statutory rape applies to an adult engaging in "sexual penetration" of a minor who is at least 4, but no more than 5 years younger than the adult and is at least 15. Aggravated statutory rape is sexual penetration by an adult who is... View More
answered on Jan 7, 2018
You can when you turn 18. Until then, you will need your parents permission or to ask a court to emancipate you. In order to be emancipated, you will have to be able to show that you are capable of supporting yourself financially, living independently, and making mature, adult decisions.
The ofgicer called with the court date but never got served a summons, went to court & my name wasn't on the docket because the officer hasn't signed the petition, he only found a roach but it's still a simple possession charge. What happens if he never signs it? Will it stay an... View More
answered on Jan 6, 2018
Eventually, it would be dropped if the officer doesn't sign it. However, I wouldn't count on that happening. You need to have an attorney represent you on these charges. If you can't afford to hire one, ask the court to appoint you one.
answered on Jan 3, 2018
No, not the same charges. Once the child is adjudicated delinquent on those charges, only the juvenile court has jurisdiction over them. The juvenile court can exercise jurisdiction over the child until he or she is 19.
I’m 17 my girlfriend is 16. Birthdays are 11/14/01 and 01/07/00. I turn 28 in a week. Am I protected?
answered on Dec 29, 2017
If you mean you turn 18 in a week, then you should not be charged with statutory rape. In TN, there must be a 4 year age difference to qualify. However, you could put yourself at risk for other charges, like contributing to the delinquency of a minor.
answered on Dec 27, 2017
They could face probation or even removal into DCS custody. Removal into DCS custody is usually only for situations where services have been provided and the youth is not improving his or her behaviors. However, once the juvenile court is involved, the entire family is under the microscope and... View More
Is it right for the victim to be charged to file charges against the offender
answered on Dec 21, 2017
Did you report it to the police? If they file, they are not charged. No, it is not right at all. There may be a way to have the alleged perpetrator pay for the filing fee if he is found guilty.
I am graduated from high school and my mom is okay with me moving out. I have a place to stay and will be able to cover rent and pay for the things that I need.
answered on Dec 21, 2017
You need to check with your probation officer before you move out. He or she will want to know where you are moving and check it out to make sure it is an appropriate place for you to live.
My mom is extremely abusive, and I'm always worried she's going to snap and hurt me one day. I have a job and go to school, so I'm almost never home anyways. If I stayed with a friend for a bit, would I get in trouble or would they be able to force me home even if they haven't... View More
answered on Dec 21, 2017
If you have been abused or neglected, you should tell a counselor or adult you trust and report it to DCS. If your parents choose to report you as a runaway, they can. The law requires that you obey your parents until you turn 18--unless a court says otherwise. Best of luck!
I’m trying to move in with a friend, i simply told them I was going to move in with them, me and my parents got into a big fight and my dad said “if you leave this house I’m calling the police and turning you in as a run away “ every time I tried to leave they would push me back and say the... View More
answered on Dec 21, 2017
You have to be under 18 to be a runaway. You are legally capable of moving wherever you like unless your parents have conservatorship or guardianship over you. Your parents, however, can refuse to support you. When you leave, you cannot take anything with you that might reasonably belong to your... View More
I moved out of state the school was informed i was not in the state i moved back and started enrolling my daughter in k12 but because there was lack of communication i got a call from truancy put here in public school amd was told i had to go to court for truancy
answered on Dec 21, 2017
You will go to court. The judge will ask the school system how many days the child has been absent. The judge will ask you why the child was absent and if you have any doctors' notes to excuse the absences. The judge may ask DCS to open a case if they are worried about your ability to care... View More
In the state of Chattanooga a friend of mine is a runaway, he thinks that once he turns 18 the state wont leave him alone, what should I tell him
answered on Dec 21, 2017
Once he turns 18, the court loses jurisdiction to prosecute him for runaway which is a status offense (offenses that only apply to minors). However, if he commits any crimes or has any other charges against him (or was on probation), the juvenile court can exercise jurisdiction over him until he... View More
Son had a wreck and there was damage to a house. The police put him in handcuffs and questioned him before a parent was contacted and present. Is this legal?
answered on Dec 21, 2017
Tennessee law does not require parents be present during police questioning.
I just read an article that TN is one of some 13 or 14 states where there is no minimum age for children to be charged as an adult. This means that children of any age could possibly be sentenced to hefty and extremely severe punishments in TN such as life imprisonment. Is this true?
answered on Dec 21, 2017
An 8 year old could be transferred to be tried as an adult for murder. I am not aware of any case where that has occurred. I am not aware of any cases where an 8 year old has been charged with murder in the juvenile system either, but I do know of a couple of cases involving 10 year olds.
answered on Dec 21, 2017
Date, yes, with her parent's permission. Kiss, touch, or have sex with--no. The 4 year age difference is grounds for statutory rape and other sex offenses. I highly recommend that you not date someone when there is that amount of age difference.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.