Alec Scott Rose’s Answers

You and your son should speak to an experienced educational attorney regarding the possible school expulsion, and an experienced juvenile criminal law attorney. If your family cannot such attorneys, you may be able to ask the school district to refer you to an advocate for the disciplinary proceeding, and your son may ask for a public defender to be appointed when you get to court. If your son refused to consent to a search, he may indeed have been in the wrong. California and federal courts...

A civil harassment restraining order requires "clear and convincing evidence" for the court to grant the order. http://law.onecle.com/california/civil-procedure/527.6.html. This is a high standard of proof, so you should bring all of the evidence you have. You should also consider hiring an experienced local attorney to assist you. The police and the DA or City Attorney have no obligation to prosecute crimes, and generally are not accountable for decisions whether or not to prosecute a case....

You and your parents should speak to a local experienced juvenile defense attorney. Such a lawyer will know the policies of the San Diego DA, Juvenile Court Judge, and Juvenile probation officers regarding this type of offense. Your case also presents some possible defenses. If the officer never recovered the contraband, and never got to question the other boy, how can a prosecutor prove it was a drug transaction, or what drug/amount was involved? How can they prove he had probable cause to...

The offenses are: PC 187 = murder http://codes.lp.findlaw.com/cacode/PEN/3/1/8/1/s187 186.22 = participating in gang activity http://law.onecle.com/california/penal/186.22.html 187/664 = attempted murder http://law.onecle.com/california/penal/664.html 245(a)(2) = assault with firearm http://law.onecle.com/california/penal/245.html 246 = shooting into occupied dwelling http://law.onecle.com/california/penal/246.html To determine the maximum sentence, it would be necessary to know if your...

Intentional harassment by an ex may constitute domestic violence under the (civil) domestic violence laws. If he does not leave you alone, contact an experienced attorney, or if you cannot afford one, your local women's shelter, or the legal aid clinic at your local courthouse for assistance with a domestic violence restraining order. www.alecrose.com

The offense could be charged as a felony or as a misdemeanor. Only an experienced criminal defense lawyer can review your case with you and determine the best outcome for you. If you cannot afford to hire an experienced criminal defense attorney, ask for a public defender to be appointed when you get to court.

It is not a wise idea to look for a private criminal defense lawyer if you cannot afford one. If you cannot afford counsel, the court has an obligation to appoint a lawyer to represent you and to pay for that lawyer's services.

In California, it is standard that all probation grants include the term "obey all laws." This means that any violation of the law could result in additional punishment on your probation case. Because probation violations are only subject to court trial, and a "Preponderance of Evidence" standard, it is possible you could be found in violation of your probation and punished, even if you are not convicted at a jury trial on the new charge. A second consequence of violating your probation is...

Only the police can arrest someone, and only the prosecutor can pursue charges against the accused person in court. If you believe you have evidence of a crime, contact the police. www.alecrose.com

"Possession for sale" means possession of an illegal drug or narcotic with the intent to sell, trade, or even give away. You must disclose the offense to the recruiter. Failure to disclose will guarantee that you will be declared ineligible for military service.