Drivers License Suspension for Drug Possession Crimes A judge can hand you a suspended license for possession of marijuana if your state’s law authorizes the suspension. A few years ago, many states began implementing legislation to allow for the suspension of drivers licenses, even if the person charged never used a vehicle. → Read More
Solicitation of a Minor Charges: Punishments, Penalties, Defenses The explosion of a technological society with high tech gadgets has also launched an explosion of new criminal offenses. Most states now have laws to address adults who attempt to sexually exploit minors. The terminology varies by state, but the title will usually include a phrase like “solicitation of a minor” or “online solicitation of a minor.” → Read More
Can school employees lie about the consequences of making an incriminating statement? School employees are not required to read a juvenile or adult Miranda Rights. They are not law enforcement officers. However, school employees are not supposed to lie to a juvenile or adult about the consequences of making an incriminating statement. School employees may be disciplined by their employer for lying. Providing no information about Miranda Rights, however, or the consequences of making an incriminating statement, does not constitute a lie. → Read More
Are juvenile probation and community service alternatives to detention? In many cases, a judge may sentence a juvenile alleged to have committed an act of juvenile delinquency to juvenile probation or community service rather than detention. A juvenile who is interested in being placed on juvenile probation and doing community service should voice their interest in these options in juvenile court before being sentenced. → Read More
Can a prosecutor use statements against a juvenile if there was no miranda warning? Juveniles, generally defined as young people between the ages of 10 and 17, possess Miranda warnings in juvenile delinquency cases. Prosecutors cannot ask the court to admit evidence which includes statements made by a juvenile in custody if the juvenile was not read Miranda warnings. → Read More
Who are juveniles? Juveniles are generally defined as persons under the age of 18 and above the age of 10. An individual’s age is usually established by testimony or a birth certificate. Each state and the federal government have unique laws defining the beginning and end age of juveniles. → Read More
Can a juvenile be released before charges are filed in juvenile delinquency court? A juvenile may be released from a secure detention facility or jail before a prosecutor files charges against them in juvenile court. A judge may release a juvenile in a variety of ways. → Read More
What is ejectment? Ejectment is a legal remedy to resolve conflicts between a landlord and tenant that can sometimes be used to remove a person from wrongfully occupying real estate. Ejectment can be available if a landlord or property owner can show they have a legal right to the property, and the occupier has no valid legal claim to be there. → Read More
Is mediation considered a legal proceeding? Mediation is not a formal legal proceeding, although it may be required by a court that you at least try out the process of mediation in certain cases before bringing the issues to court to be decided. Mediation is considered a form of ‘alternative dispute resolution’ or ADR and it is a good solution in certain cases where parties can be civil enough to work together and work out their differences. → Read More
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