If your child is involved in a juvenile delinquency case that means he or she is accused of breaking the law. The court will consider how old your child is, how serious the crime is, and the child's criminal record if any.
people who represented themselves in court Bundy, a former law student, represented himself while on trial for the murder of two college students and assaulting others in 1979. He grilled some of his surviving victims – sorority sisters of the two women murdered -- in the courtroom, but was ultimately convicted.
Consider how much you are willing to do to organize your evidence, provide your witness contacts, write down a chronology (time line) of events, and generally sell yourself to your attorney, as well as the case, by appearing organized. Tell your story in the shortest possible way.
A judge will require a parent to ensure that visits between a young child and the other parent take place. However, there's not much a judge or parent can do if a 17 year-old is refusing visits. Each parent's responsibility is to allow and encourage visits between the child and the other parent.
Be clean.Be clean. It is important to wear neat and clean clothes when you are going to court. ... Stand when the judge enters the room. ... Address the judge as 'Your Honor. ... Be audible. ... Use proper language and speak in complete sentences. ... Prepare before every hearing. ... Be polite and respectful. ... Be punctual.More items...
Even if your divorce is amicable, your friend cannot represent both you and your spouse due to conflict of interest. Conflict of interest is when a lawyer's duties to one party is adverse to the interest of another party. The lawyer cannot help one party without hurting the other.
9 Taboo Sayings You Should Never Tell Your LawyerI forgot I had an appointment. ... I didn't bring the documents related to my case. ... I have already done some of the work for you. ... My case will be easy money for you. ... I have already spoken with 5 other lawyers. ... Other lawyers don't have my best interests at heart.More items...•
When you correspond with a lawyer, you have two choices:Write the person using a standard courtesy title (“Mr. Robert Jones” or “Ms. Cynthia Adams”)Skip the courtesy title and put “Esquire” after the name, using its abbreviated form, “Esq.” (“Robert Jones, Esq.” or “Cynthia Adams, Esq.”)
Questions to Ask Your Lawyer During a Consultation1) What kind of experience do you have with similar cases?2) What would be your strategy for my case?3) Are there any alternatives to going to court?4) What are my possible outcomes?5) Who will actually handle my case?6) What is my role in my case?More items...•
If your child is refusing contact with your co-parent due to a reason that directly concerns their safety, bring this to the attention of your lawyer or other legal professionals immediately. If the reason does not directly impact their safety or well-being, your child should spend time with their other parent.
The Reigning King of What Can Be Used Against You in a Custody Battle: Verbal or Physical Altercations. We wanted to start with the most simple pitfall to avoid: When tempers get high, it's quite alluring to get into a verbal sparring match with your ex-spouse.
After Age 18 When a child reaches the age of 18, they can choose with whom they want to live. This is the only age in which a child who, at this point is actually an adult, can choose where they want to live. If the child is emancipated prior to the age of 18, they may also be able to choose their residency.
respect the duty to keep information confidential. Lawyers acting for children must explain the child’s opinion to the judge and not give their own opinions. This is true even if the child is being influenced by the parents.
The role of lawyers who represent young or immature children is unclear. In these situations, lawyers must
make sure the child’s rights are respected, present any evidence or bring to light any element that could help the judge decide what is in the best interests of the child, make the child’s views known, if the child expresses a point of view, and. express their own conclusions as lawyers in an objective way.
If the Child Is Old Enough and Mature Enough. A child’s lawyer must act the same as towards an adult client. Therefore, the child has the right to expect the lawyer to. Lawyers acting for children must explain the child’s opinion to the judge and not give their own opinions.
Three expert evaluations were carried out, and they agreed with what the mother said. The father wanted a lawyer to represent the children and asked the judge to allow it. The judge held that the children’s preference toward their father was recorded in the expert reports.
The mother and father were arguing over the custody of their children, ages 11 and 13. The children wanted to live with their father, not with their mother. The mother said the father was to blame for this. Three expert evaluations were carried out, and they agreed with what the mother said. The father wanted a lawyer to represent the children and asked the judge to allow it.
When a Parent Does Not Want the Child to Have a Lawyer. One of the parents may not want a child to have a lawyer. These are some of the reasons parents give: The child does not need a lawyer. The child’s request for a lawyer is not really coming from the child but from the other parent, who is manipulating the child.
The judge is the one who makes the final decision about what happens in a case.
attorneys. Lawyers give advice to people on their disagreements in court. It is the lawyer’s job to talk to the judge and jurors for the people who come to court. You don’t have to have a lawyer to go to court. When a lawyer talks for someone who has come to court, it means that the lawyer “represents” the person. Each lawyer represents only one person in court. So, if many people are involved in a disagreement, there might be more than one lawyer in court. All kinds of people have lawyers, even children! Lawyers usually sit next to the person they represent in the court. You can probably spot the bailiffvery easily. The bailiff is the person who makes sure the people who go to court obey the rules. The bailiff is usually wearing a uniform, like a police officer’s uniform. Courts also have interpretersfor people who don’t speak or understand English. The interpreter’s job is to translate what is said in court.
Sometimes children have no mother or father to take care of them. This canhappen if the parents are dead, or very sick, or in jail, or if they have drug oralcohol problems. There can be other reasons, too. Another family member or a friend will need to take care of the children. This works best if a judge givesthe friend or relative the legal right to act as the parent. When a judge pickssomeone else to care for children instead of their mother and father, thatperson is called a guardian. This plan is called a guardianship.
When a mother and father decide they can’t live together anymore, they maydecide to separate and live in different homes. If they have been married anddon’t want to live together or be married anymore, they can either get a legalseparationor a divorce. To get a divorce, married people have to go to court.In court, a mediator will help the parents plan for how they will take care oftheir children, and a judge will decide how they will split up all the things theyshared while living together.
When children come to court because a parent has hurt them or not taken care of them , this is a CHIPS case. This stands for “Child in Need of Protection and/or Services.” Until a child grows up, he or she is dependent on adults and needs their protection. If parents can’t or won’t take care of their child properly, the juvenile court may step in and the child may become in need of protection and/or services from the court in order to keep him or her safe. When this happens, the child may have to live with relatives or another family for awhile. This temporary family is called a foster care family.
Sometimes parents can’t make their home safe for the child. Then the judge andothers may have to find another home where the child can live safely for a longtime. They make a permanent planfor a child.
This person’s job is to make decisions and make sure that everyone follows the rules in court.
The juvenile is represented by an attorney at this stage of the proceedings and it is often a forum for the juvenile’s lawyer to talk to the district attorney about a possible disposition of the entire case. Given the different structure of the juvenile system, it is important that if a child is charged with a crime, their family contact an experienced Pennsylvania Juvenile Lawyer to help them navigate through what can seem like a strange and overwhelming new world.
The reason is that the juvenile system is geared towards helping the juvenile first, and this being the case, the Commonwealth does not want kids being exposed to the stigma and connotations ...
If the intake officer decides that the case should be heard in juvenile court, a petition is filed with the court setting forth the statutes that the child is alleged to have violated. In cases of serious offenses such as rape and murder, the matter may be referred to the district or county attorney's office, after which ...
If the intake officer decides that a formal hearing in juvenile court isn't necessary, arrangements may be made for assistance for the child from school counselors, mental health services, or other youth service agencies. If the intake officer decides that the case should be heard in juvenile court, a petition is filed with ...
If the juvenile isn't considered to be dangerous to others, they may be put on probation. While on probation, the juvenile must follow the rules established by the court and report regularly to their probation officer. Serious offenders, however, may be sent to a juvenile correction facility.
If the judge decides that the allegations have been proven, they may rule that the child is a status offender or a delinquent.
If the allegations haven't been proven to the court's satisfaction, the judge will dismiss the case . If the judge decides that the allegations have been proven, ...
If the matter proceeds to juvenile court and the child admits to the allegations in the petition, a treatment program is ordered.
If the situation is serious enough, the juvenile may be detained in a juvenile correction facility pending resolution of the matter or they may be sent to an alternative placement facility such as a shelter, group home, or foster home.
If the Judge grants the request, then an attorney to represent the child or children will be appointed to the case. Minors’ counsel are usually private attorneys who only represent the minor child, and not either of the parents’ interests.
Before the custody hearing, the mediator will prepare a confidential Family Court Services Report summarizing the mediation with the parents, the child’s interview, and the mediator’s recommendations. Only the Judge, the parents, and the parent’s attorneys will receive copies of the report. Speak with the Judge Directly.
Minors’ counsel become the child’s voice in court and are usually appointed in complex cases, such as child abuse, child neglect, drug related cases, high conflict divorces or other cases the Court deems appropriate.
If the child is under the age of 14 and wishes to address the court, then the Judge may deny the request if they do not believe it is appropriate. With these requests, it is completely up to the Judge to decide whether they would speak with the child and the method of doing so.
California law states that if your child is 14 years or older and wishes to address the court regarding custody and visitation, the child must be permitted to do so unless the Judge does not believe it is in the child’s best interests. If the child is under the age of 14 and wishes to address the court, then the Judge may deny ...
What if your child was interviewed by the Family Court Services mediator and the mediator’s recommendations are against the child’s wishes? Can my child speak to the Judge directly? Yes, you can request for the Judge to speak with the child directly. California law states that if your child is 14 years or older and wishes to address the court regarding custody and visitation, the child must be permitted to do so unless the Judge does not believe it is in the child’s best interests. If the child is under the age of 14 and wishes to address the court, then the Judge may deny the request if they do not believe it is appropriate.
Similar to the Family Court Service appointment, the interview with the child is completely confidential and no one can be in the room other than the mediator and the child. The mediator will ask the child questions regarding their relationship with their parents, but never directly ask the child who they would rather live with. Before the custody hearing, the mediator will prepare a confidential Family Court Services Report summarizing the mediation with the parents, the child’s interview, and the mediator’s recommendations. Only the Judge, the parents, and the parent’s attorneys will receive copies of the report.
A conversation can give the judge a good idea of whether the child can recall events and communicate clearly. The judge will often ask age-appropriate questions to tease out whether the child understands the importance of telling the truth . For an older child, this may take the form of a philosophical discussion.
Testimony is helpful onlyif the witness is competent (qualified) to testify. In most states and in federal court, all children are presumed competent to testify. In order to be competent to testify, the child must: 1 be able to recall events accurately 2 be able to communicate 3 understand the difference between truth and lies, and 4 understand the importance of testifying truthfully.
You can take stepsto protect your child. You can talk to your child about what it will be like to testify and how important it is to tell the truth. You may want to have your child examined by the child's pediatrician or psychologist and discuss what steps to take to prepare your child. If your child is the victim of a crime, your local district attorney's office may offer victim advocates who can explain the court process to your child. Some non-profit organizations also have trained volunteers who can accompany victims of sexual assault and domestic violence when they testify. If you think that testifying could seriously damage your child, you can talk to the attorneys and judge in the case about your concerns, or you can hire a lawyer.
You may want to have your child examined by the child's pediatrician or psychologist and discuss what steps to take to prepare your child. If your child is the victim of a crime, your local district attorney's office may offer victim advocates who can explain the court process to your child.
In response, many states have enacted laws that offer ways to protect children, and specifically, child victims of sex crimes, when they testify in court. Judges may close the courtroom while a child testifies. During the 1980s, many states began allowing children to testify in criminal cases via closed-circuit camera.
If you receive a subpoena for your child, then yes, your child may have to testify. A subpoena is a court order that a person appear at a certain time and place to testify in a case. A parent who fails to bring a child to court after the child has been subpoenaed can be found to be in contempt of court, which can result in fines or even jail time.
But, even if a child is subpoenaed (ordered) to testify and found competent, there are steps the court can take to protect the child from the stress of testifying.
This individual will be required to provide the court with recommendations regarding what will be best for the child.
A child abuse attorney will have a great deal of experience dealing with similar cases and they will have become accustomed to being around and speaking with children. An attorney who specializes in child abuse will be familiar with the court proceedings and will know what to expect during a child abuse case. ...
It is extremely important that a child who is involved in a child abuse case have someone to represent their wishes and their best interests. Therefore, many states have instituted policies in which a child must be appointed with a guardian ad litem, an attorney, or a court-appointed special advocate.
If an individual's friends or relatives become aware that the individual has been accused of child neglect, they may no longer trust that individual to be around or spend time with their children. Child abuse allegations may cause a person who has been convicted of abuse to become estranged from his/her family or friends.
Child abuse is a very serious allegation and an individual who has been accused of child abuse may experience long term negative consequences of this accusation. Individuals who have exposed a child to sexual abuse, physical abuse, emotional abuse, or neglect may not be able to be trusted with children. These individuals are generally not concerned ...
Families who have experienced child abuse will need to find a successful prosecutor so that they may make an effective case against the individual who is responsible for subjecting a child to abuse. Many associations have been developed in order to increase the efficiency and success of prosecuting attorneys in child abuse cases.
Thousands of individuals face child abuse allegations every year, and many times these accusations are false. Child abuse is an extremely severe crime. Individuals who are convicted of child abuse may be forced to pay extensive fines or they may have to serve numerous years in prison. A child abuse charge will follow an individual for the rest ...
3 Unwritten Family Court Rules: 1. Lawyers and judges cover for each other. Most judges and lawyers will not report each other for misconduct or violations of judicial ethics. Judges especially can get away with bad behavior because lawyers don’t want to get on a judge’s bad side. Lawyers know they will go before that judge again ...
Judges do get away with misconduct because lawyers usually do not confront them because they know that the fate of their practice and cases hinge on their dealing with a judge.
It isn’t only deadbeat “dads” that get away with not paying child support; it is any non-custodial parent in possession of an order to pay child support.
Judges have the power to enforce awards but are typically reluctant to force men to honor their support obligations to their families because, under the law, men who don’t’ comply would have to be jailed, and judges are often highly reluctant to jail a deadbeat dad.”.
Family court judges have the power to send fathers to jail for not paying child support . Numerous judgments bear testimony to the fact that judges are reluctant to exercise this lawful power against fathers.
If you have a court date scheduled and wish to go before a judge for a decision, stand your ground. There is no guarantee you will get a better settlement from the judge but, you will at least know you were in control of how your divorce played out. 3.
1. An order for child support is nothing but a promise on a piece of paper. Regardless of what you hear about fathers going to jail for non-payment, that rarely happens. When it comes to enforcing that child support order don’t expect much help for your local Family Court Judge. 2.