Juvenile Legal Questions

If you're the US Citizen, it's not going to make a difference. The only criminal conviction that would disqualify you from sponsoring your fiancé would be crimes under the Adam Walsh Act. These crimes involve sex crimes against minors. Even if you were convicted of murder you could still sponsor your fiancé. That being said, you should explain the circumstances in the attachment page of the 129f so you fully disclose it. ... Read Answer

Your son may pursue a civil lawsuit against the cousin and any third party who owned the home where the abuse occurred. The case against the third party may result in substantial recovery of money if that party had homeowners or renters insurance. The key questions are 1) how old is your son now and 2) where did this incident occur? Florida’s civil statute of limitations includes multiple provisions that may affect the timing for these cases: 1. When the victim is a minor alleging an intentional tort based upon abuse, they can file a lawsuit up to the latest of the following: Seven years after turning 18 years old; Four years after leaving the dependency of the abuser; OR, Four years after discovering the injuries and the link to child sexual abuse. 2. When the victim of child sexual battery was under 16 years old, there is no statute of limitations. Note that the default Florida statute of limitations does apply to child sexual abuse cases IF you are pursuing a party whose negligence caused your injuries. Examples might include a daycare center, church, or other organization that did not use proper care to protect a child from abuse by an employee. My analysis only pertains to civil statutes of limitation and not criminal ones. You should discuss this case in a private phone call with an attorney here in Florida in more detail. ... Read Answer

While I am a licensed attorney in the State of Arkansas and not New Mexico, I will tell you that you would have 2 options in Arkansas. The first would be to file a "FINS" (Family in Need of Services) petition with juvenile court to try to have the children removed from their parents' custody until such time as their circumstances change and they are in a better place to provide for the health, welfare and safety of their children. The second option would be to file a petition seeking guardianship of your minor siblings. As their guardian, you stand in the shoes of their parents and can make decisions for them. In Arkansas, you have to prove that both parents are "unfit" to get a guardianship, if either parent is going to contest it. I recommend talking to an attorney in the community where the children reside to discuss if either of these options are available to you. ... Read Answer

This is a common situation. Certain actions away from school can have school consequences. Two areas are social media and drugs. School authorities are concerned with activities on social media which happen away from the school setting. In similar fashion, school activities are concerned with drug use away from school. We work closely with the family and the school authorities to keep the child out of 'harm's way'. let's discuss our 'pro-active' approach asap. Please call. Ed Dimon, Esq. 732-797-1600 ext 235... Read Answer

You need to immediately take your evidence to the police department and file a report. Criminal charges are generally brought as the state versus the person. If they are not helpful, there is a procedure where you yourself can go to a magistrate, but the better way to prosecute is through the police and the state prosecutors... Read Answer

Were you and/or your son appointed an attorney for the truancy case? Sullivan House is, I think, considered more of a mental health/counseling situation than a lockdown. I'm sure it feels like a lockdown punishment, but I don't think the State of Tennessee considers it one.  In my experience, program length can have to do with how well somebody adapts to the program. If your son is not taking too well to it, that may be why his time got extended. Your son's attorney would know if there is any legal step that can be taken, or if your son just simply has to complete the program. Juvenile Delinquency is different from adult criminal cases. Technically, once a chiid is delinquent, the Court can hold them unti they are not a child anymore. A '30 day' charge for an adult can lead to a lot more than 30 days for a child.... Read Answer

The only thing I can say for sure is that the 16 year old needs a trained criminal defense lawyer, because a number of things can happen.  First of all, the 16 year old can be charged with Attempted Murder or Murder depending on whether or not the man shot lives or dies.  The 16 year old could face a transfer petition to be tried as an adult.  I am not saying it's likely, but it's possible.  It's also possible to be charged under statutes making juvenile punishments possible..... along with adult penalties.  It's also possible that he could simply be charged as a juvenile.  That 16 year old needs counsel that has experience in violent crime defense as well as juvenile court. ... Read Answer

Tennessee has a unique legal statute on emancipation. The minor may have a next friend petition for the removal of the disabilities of minority in the chancery court in the county the minor resides. So, courthouse.   The petition must state, among other things, the reason on which the removal of the disability is sought. If a decree is rendered removing the disability of a minor, the decree will be rendered for a specific purpose and the purpose will be stated in the decree. The decree may be for the partial removal of the disability to enable the minor to do some particular act or for the general removal of the disability. I think this petition will require an attorney's help.   If general emancipation is granted, the minor will have all of the rights of an 18 year old, including the right to contract, sue and be sued, and buy and sell property. The court then decides on the Emancipation, and no minimum age is specified (§29-31-101 et seq.)... Read Answer

You are still a minor and the responsibility of your custodial parents or whomever has legal guardianship of you.  You can file for emancipation from your parents, but I doubt you have enough time to get anything done before she takes action or should take action.  You should go home and tough it out for 2 months and then return.  Otherwise you could possibly talk with a Probate attorney regarding other options that may assist you.  Good luck and make sure to take your prenatal vitamins if you are pregnant and planning on having a baby. ... Read Answer

vacating the capias means that a warrant the court issued for nonappearance has been called back. Notice of a court date a year away sounds unusual, I’m sure you have carefully looked at the date but take another look. Maybe call the clerk of court and make sure your notice doesn’t have a typo... Read Answer

Perhaps it is time that you get a second opinion and move the case to another firm if the first attorney is lying down on the job.  Have you asked for an accounting of the attorney's time on the file to show how retainer funds were spent? What is your son charged with and where is it pending?... Read Answer

There isn't a way to really answer this question.  If you missed a court date three years ago and they are just now getting to you its likely you will do some or all of your time in placement.  The fact that you are on probation makes the chances of your freedom being taken away much more likely.  You should have an attorney looking into this.  There are ways of avoiding the worst penalties and most attorneys who practice in juvenile court can help you take steps to avoid the worst case scenario.  In generalist terms the answer to your question is it is very likely and they can hold you up until you are 21.  ... Read Answer