Category Archives: Juvenile Law

What is my first step in obtaining custody if I have no proof I am the father?

Q: My daughter was taken away and kept from me pretty much her whole life and never knew me. She is now involved in DFS or Child Protective Services in the state of Florida she is currently in Pennsylvania in a shelter waiting for transport to Florida. Her mother doesn’t want her but there is no proof of that. When she gets to Florida she will be placed in a youth facility.

A:The family courts and Children Youth and Families (CYF) are directed to find relatives for children in placement. They call it “family finding”. Since this child is physically in PA, you can try a few things. Call CYF and tell them you want to be a caretaker. They may work with you but there is a possibility that the child is on her way to FLA where it appears there is jurisdiction? An attorney experienced in Juvenile Dependency law can help you immensely. If you cannot afford an attorney, you should call the Allegheny County Bar Foundation, Juvenile Court Project. 412-391-4467. If you qualify for representation, you will have an excellent attorney at no cost. The idea is, if you are serious, get involved now.

 

Can I get a suspended sentence for 2nd underage drinking?

Q: I caught a 2nd underage drinking charge. I didn’t face jail time the first time, but I imagine the judge isn’t gonna be happy to see me again. Is there any way I could get my lawyer to work out a suspended sentence for me, or some other way to avoid jail time?

A: If the first section 6308 summary didn’t get you a 90 day license suspension because you somehow avoided a conviction for being a first time offender, this new 6308 will carry a one year driver’s license suspension. I would hire an attorney. An attorney may be able to advise you on how to avoid a conviction, if possible.

 

My girl is a senior and up for expulsion

Q: What are my rights as a parent to a senior who is up for expulsion due to hearsay . She has never been in trouble before.

A:  Under most school codes, your daughter will given due process by having an expulsion hearing. Normally, at this hearing, the school solicitor is involved. He may call school personnel or other persons as witnesses. You will have the opportunity at this point, of raising a defense by presenting witnesses or documents or having your daughter testify. I would review all the facts with an attorney and see if it is worth fighting. There are attorneys who handle school code issues, although not many.

Is a description of facial hair enough to be arrested?

Q: Can a minor get convicted far assault and robbery because someone was robbed and gave police a description of just facial hair

A:There had to be something more than “facial hair”. The police report just cannot read, the actor is described as, “facial hair”. If what you mean is a weak description, yes, it is possible to be arrested, but those kind of cases are often beaten at trial. If the police were on the fence about arresting him, the fact that he has priors may give them reason to do so. This is not fair but it happens. I would have a lawyer review the case.

Where do I stand as a father with mom and CYF?

Q: The mother of my child is hiding a wanted homicide suspect and has drugs out in the open. CYF goes in takes custody of my daughter. THE CYF lady calls me a day later tells me there is a shelter hearing. At the shelter hearing CYF said they don’t recommend me because my background checks haven’t come back yet. The judge awards me physical and legal custody anyway now they are basically bullying me into visits after mom threatened to take my daughter. Also, they are saying I have to do classes a “community conference” drug tests and a few other things. Do I have rights as a parent and person or do I have to go along with the show also can I fight so my daughter doesn’t go back to mom or is it up to CYF. (North Braddock, PA)

A: You absolutely have rights as a parent in the juvenile dependency action. You will do better with an attorney asserting those rights for you at the next shelter hearing or review hearing. There are not many attorneys who handle juvenile dependency but there are a few who know that system well. You may want to find one. If you are drug free let them test you as much as they want. Unless your clearances come back with child sex offenses or child lines, as a biological parent, you cannot be denied custody due to a criminal history. As pointed out by my colleague, you can file for custody as well. You can always go through Generations but you may want to initiate Family Division custody with a motion to your assigned judge.

Kicked out of home. Can I emancipate myself?

Q: What are the odds that a homeless teen that has been kicked out of their home will be able to legally emancipate them self? And if there is a good chance it will happen, is there a way for them to get financial aid of some sort to pay for a lawyer? Homeless people don’t have much money.

A: I am assuming you are under age 18? Proving emancipation is not easy, as you have to convince a judge you can support yourself which very few teenagers can do, at least in the eyes of most adults and more importantly the judge. The judge may say to you, if you are so self sufficient, why do you need someone else to pay for a lawyer? On the other hand, if you are truly homeless and want support, and there are valid reasons that you cannot return home other than you just don’t like it, you may be able to get Children Youth and Families to file a dependency action for you. You can also call the courts or Kids Voice in Pittsburgh (412-391-3300) for help. (Pittsburgh, PA)

 

Can I get charged for drug paraphernalia?

Q: My friend and I hid our bowl in the woods, stupidly. When we came back later to look, a cop was at his neighbors. We are both 17 years old. We continued searching and the cop stopped us. We told him we were looking for my wallet, which is true. But the bowl was not there anymore and we searched multiple times. My question is, can I get into trouble for this? I know it’s possible, but will the cop go through the trouble if he didn’t question is right there on the spot? I’m a minor and I am freaking out awfully bad. I am never doing anything illegal ever again.

A: Unless there is a witness that will testify he or she saw you smoking or in possession of the bowl, I don’t see much of a case. The problem is, you don’t know what the evidence is. I suggest that you do not talk to anyone regarding this case. If you hear from the police, do not talk to them and consult with a lawyer as soon as you can.

 

Kicked out of home. Can I emancipate myself?

Q: What are the odds that a homeless teen that has been kicked out of their home will be able to legally emancipate them self? And if there is a good chance it will happen, is there a way for them to get financial aid of some sort to pay for a lawyer? Homeless people don’t have much money.

A: I am assuming you are under age 18? Proving emancipation is not easy, as you have to convince a judge you can support yourself which very few teenagers can do, at least in the eyes of a judge. The judge may say to you, if you are so self sufficient, why do you need someone else to pay for a lawyer. On the other hand, if you are truly homeless and want support, and there are valid reasons that you cannot return home other than you just don’t like it, you may be able to get Children Youth and Families to file a dependency action for you. You can call the courts or Kids Voice in Pittsburgh for help. (Pittsburgh, PA)

Can I suppress a statement in juvenile court?

Q: Can I suppress a statement in juvenile court? When I first got arrested I was being tried as an adult and my miranda rights were violated when they questioned me and I incriminated myself.They ended up sending me to juvenile court because of a plea but looking at the evidence, I see I can beat this case because the only evidence against me is the statement.

A: The same constitutional rights that apply in adult court apply in juvenile court. Review the case with an attorney. If he or she feels it is advisable, he or she will file a suppression motion and challenge the legality of the statement you allegedly gave. If the statement is in fact the only evidence against you, you may have a Habeas Corpus defense or a cognizable suppression issue. Either, could conceivably lead to the case being dismissed or withdrawn.

Q: What justified a minor in school to get a Citation for disorderly conduct engaged in fighting ?

Q: A student is in a school cafeteria and told to sit down at three different occasions and the principal threatening him by saying if he didn’t sit that he would suspend him and get the school police involved which he did. Now the parents have to go to court because he pleaded not guilty. Not only that he was not fighting at any time and still got ex-spelled for 3 days at the end of the day. Now I have a citation for a fine of $294.00.

A:  That is what schools sometimes do these days with all the children they perceive as behavior problems. They make it a police matter. You need to go to the hearing and defend it. You can be fined as you are his guardian. I would consult with a lawyer. Perhaps he can successfully challenge the charges at the hearing or at least push the school back to where it offer a deal where, if there is no bad behavior for 90 days, the charge will be dismissed. Consult with a criminal defense attorney.