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Alec Scott Rose

Alec Rose’s Answers

1,078 total


  • How to change family law orders juvenile court put in affect

    Juvenile court closed my case giving me full legal physical soul custody of my kids giving father supervised visits with any adult approved by me. How can I change these orders

    Alec’s Answer

    You didn't mention what change you want to make, or why. If you want father to have no visitation at all, you'll have to bring an action for termination of parental rights. There is a very high evidentiary burden. If you believe father deserves more visitation, you could file a motion to modify the order. Either way, speak to an experienced local family law attorney.

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  • I was charged as a sex offender in Massachusetts BUT wasn't required to register there but was required to in Kansas

    it even says that i'm not required to register, any ways it happened 15 years ago and they charged me when i was 29 and i'm 31 now i even served a month in prison for it i'm not a bad guy i made one BIG mistake and now paying for life less i can g...

    Alec’s Answer

    Contact an experienced juvenile lawyer in Massachusetts to find out if there is any way to set aside or seal the adjudication, and if this can relieve you of registration requirements.

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  • I believe my 17 yr old son's civil rights were violated the police.

    My son & 5 of his friends were at a park. Another child claimed money was stolen. Police were called & once my son & his friends were done being physically searched and no money was found the officers found on the ground (not on or near my son) c...

    Alec’s Answer

    An officer must have probable cause to arrest or issue a citation. This means a set of facts (not just a hunch) that would cause a reasonable, experienced officer to conclude that a crime occurred and the citee/arrestee committed it.

    No one can be compelled to identify another suspect for a crime. If the cigar wrappers are just garbage on the ground, there may be no evidence to support citing your son. On the other hand, if his breath or hands smelled of tobacco or marijuana, there might be probable cause (some people smoke marijuana by pulling the tobacco out of cheap cigars, mixing it with cannabis, and putting the mixture back into the wrapper).

    You and your child should speak to an experienced local juvenile law attorney. Such a lawyer could analyze any possible defenses, and also advise you and your son of any significant consequences of the offense. Some states may suspend or delay a juvenile's driver's license, or could make him in eligible for school sports or scholarships.

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  • Conflict of interest for male employee in DA's office to be conservator of young male raped by men?

    Prefer to e-mail attorney who responds.

    Alec’s Answer

    The gender of the conservator and conservatee are not relevant to conflict of interest issues. While it isn't necessarily a conflict of interest issue, I'm wondering why a DA's office employee is functioning as a conservator? This isn't normally a service of the DA's office. There is a separate agency, called the Public Guardian, that can act as conservator if needed. If the DA's employee is doing this outside if his work, there may be office rules governing employees' rights to perform services outside of their employment.

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  • Should I tell my probation officer that my urine might test positive for marijuana on the day I take my first urinalysis?

    Im 17, never been caught or charged for drugs except minor in possession of tobacco. On my psych evaluation it said I was a high risk for marijuana use.

    Alec’s Answer

    Generally, you are better off being straight with your probation officer. He's giving you the test, so he will know the result soon enough. If you are honest, it will show a sign of taking responsibility. If you don't get clean, you'll just keep getting in trouble. If you can't abstain from marijuana, drugs, tobacco, or alcohol, ask your probation officer about substance abuse treatment or services.

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  • Son got caught smoking weed, asked where he got it. He stole from mom. What can be done about this if anything.

    His mom has residential custody. In missouri. i tried discussing this with her and shes not willing to discuss it.

    Alec’s Answer

    Who caught your son with marijuana? You? Police? His school?

    If your concern is that your son's mother is smoking marijuana and making it potentially available to her child, speak to an experienced family law attorney about bringing a motion to change your custody arrangements. Even if you don't want to take away Mom's parenting time, the court could make orders to make sure your son doesn't access marijuana at her home and that she is sober when he is in her care. For example, the court could order her to go to counseling, submit to testing, be sober while your son is in her care, and have no illegal drugs in her home during visits.

    If your son received a citation or referral to juvenile court for possession of marijuana, he needs an experienced local juvenile attorney. The juvenile court doesn't care where he got the marijuana, and will punish him according to what it believes are your son's rehabilitative needs, based on any prior record, school performance, behavior, mental health, willingness to obey parents and school staff, and any disclosure of substance abuse.

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  • What is the probability for a PC 242 conviction if the plaintiff is the only witness for the prosecution? Moreover, what are the

    merits of the case if the defendent contends self defence?

    Alec’s Answer

    The testimony of one person, if believed, is sufficient to prove any fact (with a few exceptions that don't apply here). The merits of a self defense claim depend on the facts of the case.

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  • As I asked previously, my 16 year old friend and her 17 year old friend was caught shoplifting, will they be charged separately?

    My friend is 16 and her friend that drove them and also shoplifted is 17. My friend took about $200 worth of product and her friend took $400 or more with of product. Will they be charged separately or together? This is both of their first offense...

    Alec’s Answer

    Juveniles are always charged separately, because each child and his or her family is entitled to privacy. It is likely that the cases will be called on the same day, but the Judge or Referee will consider each child's guilt or innocence, and appropriate probation terms separately.

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  • Walked into open garage to take 2 root beers, what could my sentence be?

    I am an 18 year old. The garage was attached to the home, so it is charged as a residential burglary. It is in the report that I stole only 2 root beers, confirmed by the one witness who was in the house at the time. This case is in California. ...

    Alec’s Answer

    Residential burglary is an extremely serious offense. It is a felony and a strike, and the punishment is a state prison sentence unless the court finds unusual circumstances. The maximum sentence is six years, per Penal Code Sec. 461 http://law.onecle.com/california/penal/461.html

    You need to consult with an experienced local criminal defense lawyer. If you cannot afford an experienced attorney, request a public defender when you get to court.

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  • Can I Sue my Room mate for hitting me & pushing me?

    My Roommate today morning, soon after i woke up, started fighting with me for a silly reason. He saw the light was on and asked me off it, I told him it was your responsibility too, to off it. and he got mad at me, Cursing at me and then held me...

    Alec’s Answer

    Usually, when a person is violently assaulted, the remedy is to contact the police and report the assault. Suing someone generally involves recovering damages, such as medical bills, lost wages, or paid and suffering. You have not mentioned any damages.

    You didn't mention if the roommate is a domestic partner. If he is, you could file a domestic violence restraining order. Forms and instructions are available at your local courthouse. If you are not the person on the lease, you should also consider moving out from the home you share with an unreasonable and violence person. If you are the leaseholder, consider filing an eviction against him. A roommate eviction is slightly different from a regular eviction in California, so it may be necessary to consult an experienced lawyer who is familiar with issues such as domestic violence, restraining orders, and roommate evictions.

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