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Alec Scott Rose

Alec Rose’s Answers

1,078 total

  • My daughter is being accused of raping her ex'es girlfriend in a ploy for him to get custody of kids what can she do to stop it

    she went to their house (to try and remain friendly with them) after her ex was asleep she left and two days later police came to her house asking questions about what happened and did she assault her. She did not even have a fight or disagreement...

    Alec’s Answer

    If you daughter believes she will be accused of a crime, or has been accused of a crime, she should immediately consult an experienced local criminal defense attorney. Only a local attorney who has experience with the law enforcement agency that will investigate the report, and the prosecutor who will decide whether or not a charge is justified can advise her about this.

    She should also stop discussing the situation with anyone, including you, in a non-privileged setting (i.e. outside of meeting with her lawyer, psychotherapist, religious leader). Given the relative uniqueness of a woman on woman rape charge, it is probably not wise to post any facts of this case on Avvo. It would be far too easy for an officer, prosecutor, or the accuser herself to find this posting and figure out that your daughter had a non-privileged conversation with you about the situation. This could reveal facts that could prejudice your daughter and could make you an inadvertent witness in the case.

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  • How do I write a letter to request a refund from my attorney?

    I hired an attorney to dispute my ex-husband's bankruptcy. He is trying to discharge my divorce court awards. The lawyer I had hired filed things improperly, missed deadlines and sent a different lawyer from a different firm, who I had never met b...

    Alec’s Answer

    First you write your lawyer a brief letter requesting a refund and an accounting of any services and expenses he believes he deserves to be paid for. If he does not respond, or his response is not satisfactory to you, the Nevada Bar offers a fee dispute resolution service at this link:

    Your letter might read something like this:

    Dear (former lawyer):

    As you are aware, I have retained another attorney to represent me in the matter for which you were relieved. I request a refund of the fees I have paid to you. According to my records, I have paid to your office a total of ($xx.xx).

    If you believe you are entitled to retain any portion, or all of that amount, please promptly supply me:
    (1) An accounting of all services performed and expenses incurred on my behalf, listing the dates the services were performed, description of the services, the person who performed them, the value of the services, and the amount and manner of calculation of any expense; and
    (2) A refund of any portion of the fee you agree was not earned by you.

    Thank you for your anticipated courtesy and professionalism.

    Kind Regards,

    Former client"

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  • Will I ever get a court summons? (Juvenile)

    I am fourteen and I was caught shoplifting at a Dillons store with 3 dollars worth of doughnuts. I was lead to the back of the store and questioned by police. Later, my mom came to pick me up and we got a little card with my case number on it. Thi...

    Alec’s Answer

    Usually, before a juvenile court case is filed, a probation officer calls the minor's parents to do a background interview. They also check your school records and check if you've had other legal trouble or other children in your family have such problems.

    A $3 petty theft could just be an impulse issue of bad judgment. It could also be a sign that a child has serious legal issues but they are only now coming to the system's attention. A juvenile court is responsible to provide appropriate rehabilitation to the children who are arrested and brought to court.

    The number you were given was more likely a police report number than a case number. While it is not uncommon for it to take a month or so for court notices to be mailed out, have your parents call your local juvenile court, in case the paperwork was mailed to the wrong address. You and your parents may also wish to speak to an experienced local juvenile law attorney, so that you can understand the implications of this, and how to minimize them.

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  • Is it illegal to hang out with someone?

    Male (30), Girlfriend (17). In NYS, I'm to understand that legal age of consent is 17. Although, it has come to my attention that you could get in trouble for "hanging out". I'm told that this is called "Peer Law". Checking to see how much truth i...

    Alec’s Answer

    It is generally legal for any two people of any age to be friends. While you are still a minor, your parents have a legal right to disapprove of inappropriate friends and activities.
    For more information about your rights and responsibilities as a teen, ask for information at your school guidance office, at your local library, and read this publication by the New York ACLU:
    That said, whether or not it is legal, there are other potential emotional and social risks involved in romantic relationships between a 17 and 30 year old. If you are the 30 year old, ask yourself if this is really in the 17 year old's best interests?

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  • I am 17. Is it illegal for me to talk to people who are in their 20s?

    I am 17 years old and I heard it is illegal for me to talk to people not really close in age (sounds around anyone maybe 18 and under). Is illegal to talk to people that are in their 20s?

    Alec’s Answer

    In general, any two people of any age can talk to one another and be friends. There are two exceptions that might be significant.
    First, it is illegal in many jurisdictions to have inappropriate sexual conversations with minors.
    Second, until you are of the age of majority, your parents have the authority to disapprove of your friends and activities they deem unsuitable. If your parents believe a particular person of any age is inappropriate for you to speak to, they have the right to forbid it.
    For more information about teenagers' rights and responsibilities, ask for resources at your school's guidance office.

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  • Is there laws against running away as a minor?

    If a minor ran away from home can they be fined with a ticket or sent back home? Is there any laws against it?

    Alec’s Answer

    As a minor, you are subject to the custody care and control of your parents. They are legally and financially responsible for you and for all of your actions.

    If you run away, your parents can report that to the police or sheriff. When law enforcement finds you, if you are not willing to return home and obey your parents, you could be placed in a juvenile facility, such as a juvenile hall or children's receiving home.
    A court would then decide what to do with your situation. If you have committed crimes, you would be sent to Juvenile court. If the court finds that the crimes are true, you could be made a ward of the court, placed on probation, and ordered to obey various rules, do community service, counseling, and other requirements. Depending on the offense, the probation terms could include placement in a juvenile facility or group home.
    If you have not committed an offense, you would be placed temporarily in a receiving home or foster home. Your family's situation would be referred to children's court by the department of social services. You would be ordered to attend counseling with your parents and other reconciliatory steps to bring your family together.
    Running away is extremely dangerous. Family counselors are very skilled at helping parents and teens to communicate effectively and respectfully. Ask your parents to attend counseling with you. If they will not, see one yourself. Counseling referrals may be available from your school guidance office, from your family doctor, from your health plan, or from local agencies.

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  • I have two separate issues Can one lawyer represent both? Or what is recommended?

    Tenant Law and Personal Injury

    Alec’s Answer

    A lawyer who is skilled in both areas can represent you in both matters in most situations. Explain both matters clearly to your lawyer and identify the likely people involved, so the lawyer can determine if there is an actual or potential conflict.

    If your lawyer believes that representing you in both matters is a conflict, you would either have to waive the conflict after full disclosure, or hire a second lawyer.

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  • Age limit for dating?

    I am 17. And my boyfriend is 22. My parents don't know about us. We have been together for 6 months now. I was wondering if we told my parents and they did not like us being together, if they could press charges or he could get into trouble? And t...

    Alec’s Answer

    In Iowa, the age of majority is 18. Until you are 18, your parents have legal authority to disapprove of friendships and activities that they deem undesirable. After you turn 18, if you are still financially dependent and living in your parents home, you may find that legal freedom means very little.

    You would be wise to introduce your parents to the boyfriend. If the relationship is significant, they're going to eventually find out.

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  • If an 18 year old boy is dating a 15 year old girl and they havent seen eachother in a while can the 18 year old get in trouble

    Just somthing I need to know

    Alec’s Answer

    There is no law against "dating." Any two people can be friends. Parents are entitled to disapprove of their minor child's friends or activities and can legally forbid them to associate with someone the parents deem unsuitable.

    California laws forbid sex with minors, sexual contact other than intercourse with minors (including oral, finger penetration, masturbation, fondling, etc), and sexual conversations with minors (these can result in more punishment than the sex act being discussed would have).
    Most sexual crimes with an age 15 victim are felonies. Many are registrable, including some misdemeanors.

    There is no defense in California that the minor wanted the sex, that the minor's parents did not object, or that the minor had previous sexual experience.

    For more information about sexual rights and responsibilities, ask at your school guidance office, school nurse, your family doctor, or your local planned parenthood.m

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