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Alec Scott Rose

Alec Rose’s Answers

1,078 total

  • What do multiple counts mean for the same murder of a single person?

    My father-in-law was found murdered in his home in Ohio after being robbed and shot in the back. The suspect has been indicted last week on 11 counts, three of which are murder and two are for aggravated murder. How are there multiple counts if he...

    Alec’s Answer

    The purpose of a charging document in criminal court is to notify the accused person what laws the prosecutor believes were violated by the conduct. Many criminal acts may violate several laws. For example, the acts constituting a robbery (theft by force or fear from the person of another) usually could also be categorized as "theft" and as "assault."

    A criminal complaint may contain multiple theories of the same criminal conduct. The prosecutor can proceed on independent (and even inconsistent) theories, so long as notice of each theory is given. This is usually the reason when a single act is charged several ways. If the accused is convicted on two or more theories for the same act, usually only the longest sentence is served.

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  • Today my daughter told me all students were given an assignment asking if there parents do drugs drink and what goes on at home

    Can they ask the kids that?

    Alec’s Answer

    It depends on the course and what teaching standards were applicable to the lesson. In a health class unit on substance abuse, the questions might be appropriate. If you have questions about the purpose of the lesson, ask the teacher.

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  • Is it legal to date someone over the age of 18 when i am not yet graduated from highschool?

    i turn 18 in january, but my parents say that i am not allowed to date him (according to the law) until i am 18 AND graduated from high school.

    Alec’s Answer

    There is no general law against any two people of any age being friends or companions. Other than persons subject to probation restrictions or restraining orders, in most cases, there is no law against two people who want to be friends choosing to engage in their friendship.

    On the other hand, your parents are correct that UNTIL you turn 18, you are a minor, and you are legally subject to their parental authority, control and supervision. Parents have the legal right to disapprove of and to forbid activities or friendships of their minor children if the parents deem these to be inappropriate.

    Some parents do not want their children to date anyone before age 18. Some have cultural or religious reasons, and some simply believe that dating isn't in their child's best interests. These rules might be based on the parents' observation of the child's maturity, on a desire that their child focus on school without the distractions of romance, sometimes they are concerned about safety issues, and sometimes the parents are just not comfortable with the concept of their child's growth and independence.

    If you and your parents disagree on these issues, consider whether or not you are demonstrating sufficient respect and maturity to have earned their trust. Are you earning good grades? Showing that you respect their expectations and rules? Have you tried to discuss your wishes in a mature way? Have you suggested a compromise, like a chaperone or double-dating, or just being friends for now?

    If you and your parents have a lot of disagreements, consider asking to go to family counseling. A good counselor can help teens and parents express their desires maturely and effectively, and to understand both parents concerns and teens' growth and independence.

    For more information about a teen's rights and responsibilities regarding dating and relationships, information should be available at your school guidance office, the school nurse's office, the local library, your family doctor's office, or your local planned parenthood.

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  • If You Get Put In Handcuffs And Taken To The Police Station And Was Not Read Your Rights, What Happens?

    In School I Was Accused Of Arguing With Another Student And Was Suspended For 5 Days, Put In Cuffs And Was Charged With Disrupting School But I Was Never Read My Rights, What Happens In This Case?

    Alec’s Answer

    You only have to be "read your rights" if you are questioned after you have been taken into custody. As a result, police often question suspects while they are only "detained" but not arrested yet.

    Speak to an experienced local criminal defense lawyer with experience representing juveniles for more specific advice. If your family cannot afford to hire an experienced lawyer, request a public defender when you get to court.

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  • Texas Penal Code 21.11

    I'm 16 and my boyfriend 19, he was recently arrested for being with a minor . But I looked up the penal code and don't quite understand the part where it says not more than 3 years. Can someone exposing it to me

    Alec’s Answer

    I can't agree with ever telling anyone that a prosecutor won't file a valid charge. They might, and they might not. No one should assume that a law on the books won't be enforced, even if it is expensive for the government to do so.

    If your boyfriend were charged with having unlawful intercourse with you and you are less than exactly 36 months younger than he is, and no force was involved, the statute provides an "affirmative defense." For example, if he is only 2 years and 11 months older than you and no force is involved, he can prove those facts to the court or the jury and have the charges dismissed, or be found not guilty.
    Can he afford to pay a bond? What if the court sets his bail at $20,000? Or even just $5,000? Does he have the money to post it? If he doesn't, he will wait in jail while his lawyers gather records and sort things out, getting certified copies of birth certificates, etc.
    can he afford a private lawyer? If he can, a private lawyer might be able to work quickly to do that and gather those records quickly. There are services that can get them anywhere in the US in a few days, but they are private companies that charge high fees.
    If he can't afford private lawyers and private records services, he is entitled to a public defender. They are competent attorneys, but they have a huge caseload. They aren't going to run to the Clerk's offices of the counties where both of you were born to track those documents down, and they probably don't have funding to use private services to rush the records requests. They'll subpoena them or order them through the mail, if that's available. That might take a few weeks, even if you were both born in a nearby county.
    Is your boyfriend already on probation for anything? Including a similar offense with another girl? Even if he has the affirmative defense available, he could be charged with a probation violation. A standard probation term is "obey all laws." "Obey" means "obey". It doesn't mean "obey, unless you have an affirmative defense."
    All of that information only applies if you are less than exactly 36 months younger than he is. If the difference is three years and a day, he has no defense under that rule.
    If you love this young man, don't let him break the law. Don't assume he will get away with it.
    To find out more about a teen's rights and responsibilities regarding dating, sex, and other issues, if you're embarrassed to ask your parents, there should be resources at your school's guidance office, your school nurse, your family doctor, or a local planned parenthood clinic.

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  • If a minor is found at a party with alcohol but did not have alcohol in possession, could the child receive an MIP?

    My child was found at a party with alcohol, and instead of running he stayed. The officer did not see alcohol on him or in his possession, but proceeded to question my son without my presence. My son ended up confessing that he took a sip and then...

    Alec’s Answer


    Parental approval or notification is not required for police to question a minor. Unless a person has been already arrested, police don't have to give a Miranda warning before questioning.

    Not physically possessing the alcohol isn't always a defense. Multiple persons could be in joint possession (for example of a beer keg or cups being shared). Whether your son's admission that he had a sip is sufficient evidence to establish his own responsibility for the offense, whether there is a defense to the charge, and what consequences your child will face are all questions to ask an experienced local juvenile defense lawyer.

    If you can't afford a local juvenile defense attorney, ask for a public defender when your son appears in court.

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  • If I'm 17 and my girlfriend is 14 could we get introuble

    If we had sex and she didn't want to press charges and says it was consensual could I still get introuble

    Alec’s Answer

    It makes no difference if a 14-year old says the sex was consensual. She cannot consent. She also cannot "press charges" or not. If authorities, including teachers, who may be mandatory reporters, or police find out, the police will investigate. If the police have sufficient evidence, they will refer the case to your local prosecutor. If your local prosecutor believes the case merits prosecution, they are the entity that "presses charges," whether your girlfriend wants it or not.

    Texas law offers an affirmative defense, limited to situations where there is no force or duress, and the age difference is less than 36 months. An affirmative defense doesn't prevent you from being charged. It only offers you an opportunity, if proved, to avoid conviction.

    To learn more about your rights and responsibilities as teens, speak to your school guidance office, your school nurse, your family doctor, your parents, or a local planned parenthood clinic.

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  • What could be done to either of us?

    I am 16 and pregnant by a 21 year old. We live in the state of alabama, and i was wondering could he get in trouble or could my parents force him to stay away from our baby? I just need information on what could be done to either of us that could ...

    Alec’s Answer

    Your parents have no authority over your child's father's parental rights, but they do have authority over you. Until you reach the age of majority (Alabama sets the Age of Majority at 19:, your parents have the right to disapprove of your friends and activities. They can forbid you to do things they don't approve of, even if those things are otherwise lawful.

    On the other hand, only you and your child's father have the right to make parenting decisions regarding your baby. You and your boyfriend should consider contacting an experienced family law attorney. If he is not disputing paternity and would like to establish his parental rights formally, you could jointly file a Uniform Parentage Act Petition and establish joint custody, visitation schedule, child support, and other arrangements.

    If he cannot afford an attorney, Legal Services of Alabama has an office in Dothan that may be able to help you (

    Even if your parents forbid you to have contact with your boyfriend, a court order establishing his parental rights would take precedence for issues related to the child, such as visitation schedules, going to the child's daycare, school, church, etc, being present for prenatal visits and the birth, pediatric appointments, and other co-parenting issues.

    Being a new parent is very challenging, and it will be harder if your own parents are at odds with you. I urge you to work out your issues with them if you can. Consider asking them to go to counseling with you. An experienced family therapist or parent & teen therapist can often work wonders.

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  • I was molested for many years when i was a minor. I am now an adult, but if the molesting stopped, can he still be charged?

    the molestation happened from ages 5-10. I kept silent, but now, at 20, can I take any legal action?

    Alec’s Answer

    It depends on the location it occurred and the acts of abuse. Every state has different laws regarding the statue of limitations. (The statue of limitations is the legal deadline for prosecuting a crime) call the police or Sheriff in the location of the crime, and they will tell you if they can still proceed.

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  • Juvenile Crime

    Do most non-violent offenders get probation? And how important is it to get an attorney?

    Alec’s Answer

    Being on probation as a juvenile could have serious consequences. The military will not accept recruits who are on probation. Some jobs, colleges, or scholarships are not available to probationers. Probation could include significant restrictions depending on the offense, such as suspension of driving privileges or no access to guns, ammunition or other weapons. Probationers can be ordered not to associate with other probationers, or with friends the court deems unsuitable. Probationers who violate the law again could receive extra punishment.

    If you are a minor accused of a crime or the parent of such a minor, speak to an experienced local attorney who represents juveniles in court for more information. If your family cannot afford to hire an experienced lawyer, request a public defender when you get to court.

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