Skip to main content
Ian Nicholas Service

Ian Service’s Answers

34 total


  • Will nicotine show up on a juvenile tasc drug test?

    Ian’s Answer

    In my experience, no. Nicotine is generally not part of the urine analysis (UA) “panels” that are tested. Marijuana however usually is tested (THC).

    Drug UA panels are generally 5 or 10 panels. Meaning 5 or ten types of drugs they are looking out for. If the panel is positive presumptively positive—generally a sample is sent to a lab for further testing and confirmation. The labs can give levels of each positively tested drug as well. Meaning it can show the difference between incidental exposure or hard-core persistent usage.

    See question 
  • How can i prevent further abuse?

    Ian’s Answer

    First, I am sorry to hear the trauma you are experiencing at home.

    However, you have some options. You contact a suicide prevention counselor immediately or a hotline for local resources for your own health and safety.
    You indicated in this forum the subject matter is “child abuse.” This is no longer the case since you are now 18 years old and considered an adult by law. Even if you live st home with parents and siblings.

    I also recommend reporting criminal behavior against you to law enforcement. If the abuse is physical- it is a crime. Law enforcement can remove your abuser from the home, possibly preventing you from having to live in the streets.

    At 18 you could get your own place and leave. If resources prevent it. Call a shelter for domestic violence. This would be considered a domestic violence situation. The shelters may be able to provide you resources to get you self sufficient and on your own.

    In short, you are not a child and neither is your abuser. These are adult crimes and should be treated, and reported as such.

    My heartfelt best on your behalf.

    See question 
  • I was summoned to court for 2 felonies. I am currently out of custody. Will I remain out of custody after my initial apperence?

    Ian’s Answer

    The short answer is most likely yes. Your release conditions should be affirmed at your hearing tomorrow (OR release or the bond you may have posted).

    See question 
  • I need to sue DCS of Arizona for defermation of character severe memental anguish on me (biological mother) and my 9 year olds d

    Ian’s Answer

    I agree with my colleague above and add the following:

    In Arizona you have the RIGHT to a court-appointed (free) legal counsel in DCS dependency/severance matters.

    After a year in your case, you should know your attorney very well and have his/her phone number on speed dial. If you don't have consistent contact with this attorney - that's your failure. I recommend you contact your attorney immediately.

    Next, DCS is law-mandated and court ordered to provide a case plan for your "reunification" with your child. This plan likely includes service like; drug treatment programs, consistent visitations, therapies, and all other services needed for you to succeed. IF YOU have failed to engage in this plan and be compliant - you will lose your parental rights. The burden to fix the issues that brought your child into foster care lands on YOUR actions. You can't sue DCS for the work YOU are court ordered to comply with.

    In short, Contact your lawyer and get to work on the case plan ASAP.

    Best of luck.

    See question 
  • Getting licensed with a criminal record

    Ian’s Answer

    I am not sure what licensing (law, medical, contractors etc) you are applying for, but it is always best to be exact and succinct. Hold nothing back. I recommend using the wording directly from the plea agreement and the Court's Minute Entry Order from sentencing. Refer to and copy from both documents in your explanation. This will lend the strength of wording and needed credibility to your own explanation.

    Best

    See question 
  • Is there anyway of beating the "Driving over the bike lane" citation? what should I do

    Ian’s Answer

    I agree with my fellow lawyers above. I'll just add that Scottsdale PD officers have Axon body cams. If it was turned on - in time -the lane violation might also have been recorded. They don't have dash cameras.

    See question 
  • Do I need a lawyer to deal with CPS and the school?

    Ian’s Answer

    You would be smart to consult a lawyer familiar with CPS.

    You can insist that CPS not interview your children without you first being notified and attend. In other words, you can insist that they not interview your kids ever. This is true for school administrators as well.

    Final note, unless CPS has a court's order or a warrant to enter your house - kindly tell the social workers to leave your property. Stop letting them in if you are afraid they are building a case against you. It IS their job, don't make it so easy. It is your right against government intrusion in your home.

    UNLESS you consent, the government needs a court's order or law enforcement (police) to declare "imminent danger" before they can intrude on your property for a CPS investigation. However, on school property the law isn't as clear, or favorable. Hence, get a lawyer to keep the school and CPS in check.

    See question 
  • What happens if I have a warrant for a probation violation and take off to Utah?

    Ian’s Answer

    Your question has two possible issues:

    If you are on a court ordered criminal probation, and you move out of State without probation and court approval- then yes, a warrant will likely issue for your arrest. The warrant will be in the form of Probation violations. One term of probation is not moving without permission, and of course -absconding supervision.

    Second:
    You mentioned Adult Mental health "behavioral health" supervision. This is NOT the same as a criminal probation order. If a court has ordered certain terms of mental health compliance- like medications, checking in with hospitals or doctors, weekly/monthly -and you are non-compliant- then the Judge may have the power to hold you in contempt - thus holding you. Whether or not the court would issue a bench warrant is TBD. If a court date is set regarding your behavioral Heath contract, and you fail to appear because you moved out of state - then YES a - failure to appear bench warrant would issue for your arrest.

    See question 
  • Can a legally emancipated minor access inheritance?

    Ian’s Answer

    You indicated that you are an emancipated minor.

    In Idaho there are only two ways to have emancipation as a minor.

    1. Marriage - with parent or guardian permission (over 16 years too).

    2. Military entry - again with parent or guardian consent.

    You cannot emancipate by any other route in Idaho.

    If you are an emancipated minor like you say, the law will consider you as an adult. I recommend hiring an attorney to assist assert any rights you may have in the inheritance monies. Proof of emancipation would need to be provided.

    Finally, if you are NOT yet emancipated....you must wait until you are 18; unless you plan on marriage or entering the military.

    See question 
  • Will shoplifting from Walmart as a minor go on my daughter's record or mine

    Ian’s Answer

    Hello!

    Don't confuse the letters from Walmart - seeking civil money damages and penalties from actual criminal charges.

    Idaho law allows retailers the legal tool to seek civil fines as penalties to whoever they believe has shoplifted. This is not the same as law enforcement and prosecutor's filing criminal theft charges.

    The civil demand letters are only monetary penalties/damages, and will not be on your record, nor your daughter's. You could even refuse to pay the civil fines demanded by the retailer. The only risk is a civil lawsuit and judgement in favor of the store. The judge may allow garnishment of wages or other court orders to pay the civil fines and legal costs associated to file for the judgement.

    Still, these CIVIL judgements/penalties are NOT criminal charges. Your child does not have a right to an attorney for civil matters. You and her must hire a lawyer if it comes to a filed civil suit by Walmart. In my experience, Walmart RARELY pursues these civil lawsuits for minor shoplifting incidents. It is far too costly for the retailer to hire expensive lawyers to pursue such trivial monetary amounts.

    If your child is CRIMINALLY cited with a misdemeanor or felony (if the theft is over $1000) you may be responsible for restitution as the parent. The criminal charge will NOT be on your record- but on the juvenile record of your child. Criminal convictions of minors do not affect the parent's criminal record, but restitution may be attached to the parent. Also, juvenile charges can be expunged in Idaho if she qualifies.

    Finally, if she is charged criminally, she will be given actual NOTICE of the charges with a proper court date. There she will have the right to legal counsel - appointed by the court- because minors are not expected to be able to afford their own defense attorneys.

    Hope this helps. Find a criminal defense lawyer for juveniles in your area if you have any further questions.

    See question