Robert A Serafinowicz's Answers

If my 17 year old boyfriend got me pregnant and I'm 15 could he go to jail?? if he didn't force me and I let him get me pregnant

Below is the text of the governing statute: (a) Statutory rape is sexual penetration of a victim by the defendant or of the defendant by the victim when the victim is at least thirteen (13) but less than eighteen (18) years of age and the defendant is at least four (4) years older than the victim. It appears because he is not 4 years older than you that his going to jail is highly unlikely.

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What if?

The simple answer is no. The issue is whether or not the actions taken by police are reasonable under the circumstances. The fact an order was in place pretty much guarantees that the police actions would be deemed reasonable. Always look at it this way- it does not matter if police officers are "right"- the standard is if a police officer took acceptable action based on what he thinks is taking place under the circumstances.

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I am 16 and think i am pregnant by my 19 year old boyfriend. Can he get charged?

To begin, life happens and now is not the time for anyone to give you a lecture on premarital sex. The only advice of a personal nature that is applicable is that you should implement a sound plan as to how to deal with the fact you will have a child. You must remember that while a child may limit your future opportunities there is no reason that you should feel your life is over it may be changed for the better. If you were 15 at the time of conception he may be charged with sexual...

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My boyfriend got arrested for a DUI and now ICE has him is there a way that he can stay in the U.S.? Were not married though...

Immigration consequences are extremely complex and he really should consult an attorney who specializes in immigration law who can extensively review the entire situation. Bottom line: You live in Texas as the prevailing view there is not one of sympathy toward situations like this. If ICE has him then he needs an immigration lawyer sooner rather than later. Good luck.

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Does my 16 yr old daught need an attorney for a citation she rcvd for 1) possessing marijuana and 2) running from an officer.

It is very important your daughter get a lawyer and here is why. I have had cases where a minor fine in one state is classified as something completely different in another state. In a nutshell say your daughter is offered a disposition where she pays $50. Were she to go away to college in another state and be caught with some marijuana, be it at a party or under some other circumstance, the disposition on her current case may cause an enhanced penalty in the other state. I have seen...

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I might have signed a check issued to my mother in law after she passed. Can I be charged with forgery even though my husband

This is a simple case of family disputes that likely go back years. If your brother in law is suing over $300 that has been paid back he has serious issues. If what you say is true and you have proof you paid the money back he will likely be laughed out of court. Perhaps you should tell him that you plan on suing him for vexatious litigation when all is said and done. That may cause him to change his tune.

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When you been charged assault second degree

You need to be more specific as to what your question is.

Is it likely for me to go to jail if my probation officer violates me for possesion of marijuana charge?

Jail is a strong possibility based on the amount of marijuana. A judge might look favorably on you and order you to seek treatment for subtance abuse while your case is pending. If you follow all the conditions of treatment and provide clean urines a judge may say that they will give you one more chance and give you an additional suspended sentence and probation with a zero tolerance policy for any violation. I do not think this is extremely likely based on the fact you have an underlying...

Could I get jail time for getting caught driving with a suspended license, dui related?

In Connecticut driving with a suspended license, the suspension being for an alcohol related offense carries a penalty of a mandatory minimum sentence of 30 days in jail. A judge may find mitigation and reduce the time but a conviction for this offense requires jail time. It also carries with it a one year license suspension from DMV. A big problem is that if you plead to a different subsection that does not designate as a suspension for an alcohol related offense dmv is still suspending...

Someone I know was charged with possession of child pornography and convicted. Was first offenders act an option? exponge?

Without knowing the particular facts of your friend's case I will offer the following under the assumption this person was in fact guilty of the crimes as charged and took responsibility. There is a strong movement to hold all people who possess such images accountable and to assess severe punishments for such offenses. It is unlikely that any such conviction would ever be expunged or that anyone convicted will ever recieve a pardon. The political landscape does not allow for it and the...

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