I finished everything paid my court fees I had one more probation class to go too so I was wondering the the consequences would be if I can go on probation still since I almost finished everything or how many days will I get in jail and I'm doing ...
It is impossible to know the specific outcome of your case without knowing any other information. I strongly recommend that you do have a lawyer before going to court. It's quite plausible that you will go to jail for at least some amount of time because when the VOP is filed there is usually an arrest associated with it. It's in the judge's discretion to grant you a bond but it isn't required. Failing a urinalysis is a basis for violation of probation and the court can legally sentence you to the maximum legal jail amount associated with your charge.See question
But the defense has numerous exculpatory evidence and witnesses... Should that stop a defense lawyer from making full use of the exculpatory stuff? In this example ignore things that could aquit while focusing on things to mitigate in plea ...
Ultimately all of the evidence needs to be examined. Whether a defense attorney should use a piece of evidence is a matter of strategy. It's hard to say what strategic decisions should be made without knowing what the evidence is, what is exculpatory, and what is not.See question
It's not really clear what you're asking. Divorcing couples can have a court establish "custody" through the divorce. If the couple was never married then a paternity action is the way to go. Whether a court will actually grant you "full custody" is unknown and completely depends on the facts and evidence in your case. The law presumes it is in the best interest of a child for both parents to share responsibility and for the child to have a relationship with both parents. There would have to be some really compelling reasons to override that presumption.See question
I have shared custody of my son with my ex-husband; it's a 50/50 time-sharing plan. I have given my son a cell phone for emergencies and so he can also have easier access to contact me when he is at his father's house. There have been times in the...
The answer is going to depend upon what is stated in your final judgment and parenting plan. Contrary to what a lot of teenagers say, children do not have a right to a cell phone. Of course, the final judgment from a divorce may include a provision that enables a parent to have unfettered communication with a child while that child is residing with the other parent, and that may take the form of a cell phone.
Of course, a parent may also discipline their child and that can come in the form of restricting phone access. As long as the other parent may still have phone access with the child, and that the child can still initiate a call to the other parent, then it seems reasonable to restrict access to the child. For example, a child doesn't need to possess an iPhone in order to be able to call their parent, they can simply ask the other parent to borrow the phone for the purpose of calling the parent.See question
Me and husband are separated and he's saying he doesn't want to sign and wants to try and stay together. It needs to be done and he's harrasing me. I have two kids and want a divorce. I'd like to know how this works if he won't sign and I'm not wo...
Getting a divorce is not the same as launching a nuclear missile; you don't need two people to turn the key at the same time. File a petition for divorce and have your spouse served. Ultimately, he can fight this tooth and nail but eventually a judge will grant the petition and you'll be divorced whether he likes it or not.See question
Hello im an american citizen married to another american, i have been in Ecuador for 5 months already, and split from her since agust last year, now she is living in florida and is pregnant from another relationship..
This is a question best for an attorney in Ecuador. Most jurisdictions have a residency requirement in order to file for divorce. For example, Florida law requires a person to reside in the state for 6 months in order to obtain a divorce. If Ecuador has a residency requirement of 5 months or less then you can try. Regardless, if you want to pursue a divorce in Ecuador you should consult with a local attorney. There may be challenges in trying to divorce someone who still resides in the US.See question
My girlfriends son lives with us in my home. He's 17 and very disrespectful and unruly. I work out of town a lot and when I'm gone she has absolutely no control over him and he's gotten physically abusive with her on more than one occasion. He tur...
Technically, yes, though it may prove difficult to kick out a resident without following an eviction process, depending upon the circumstances. If he is violent then I suggest seeking an injunction against him. That would order him to have no contact with you (or whomever is the victim) and hopefully keep them safe.See question
My ex was just ordered supervised visitation in a third party setting. His family is furious because they themselves want visitation with the kids as well. They have asked me for time with the kids which I wouldn't mind but I know they will al...
Your ex's family have no right to visitation. If your ex has timesharing and shared parental responsibility, then he can allow his family to have visitation with the child while the child is in his care. But when the child is with you, you are under no obligation to allow his family to have contact with your child;See question
I havent seem my son in a few months. My ex gives excuse after excuse why my son cant visit me etc. And gives me provisions on how I can see my son. This is effecting my relationship and causing alienation. How can I win a custody case against this?
No one can say how you can win a case because it really depends on the specific facts of your case. Is there a parenting plan or other court order in effect? If so, then one option is to pursue a motion for contempt. If you ex is violating his/her obligations under the court order then a motion for contempt seems like a good way to go. If there is no order in place then you need to obtain one. The court will issue its orders based on what it finds to be in the best interests of the child and generally it is presumed that it is in a child's best interests to have a relationship with both parents.See question
My daughter is 3 years old..her biological father is not on the birth certificate and isn't in her life..my boyfriend has been her father since she was 1 years old..
It's a bit more complicated. If your boyfriend wants to adopt your daughter then the first requirement is that you be married. The correct route is to petition for a Step Parent adoption but that obviously requires marriage first. After you are married, the biological father can consent to the Step Parent Adoption and there are a few documents for him to sign. He must consent to the adoption regardless of whether or not he is on the birth certificate. I would strongly advise you hire an attorney to assist you with the adoption.See question