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Can I petition a judge to have my scram removed with out an attorney, and where can I find the forms to do that?: I have had the scram on for a year and a half out of three with no violations. i am having a very hard time paying for it. allay other fines are paid off.

Asked 3 months ago in Criminal Defense

Scott’s answer: I agree with Attorney Taylor, best place to start is to ask your probation officer if they would support such a motion. If you have been on for 1 1/2 years with no faults and the probation office supports, he/she may ask the judge to modify your probation order directly. However, don't count on it. The next step would be to prepare and file a motion with the court requesting the relieve your want. There are SCAO forms which are basically blank pages with a heading and not much use. You will need to draft and file your motion pursuant to the court rules.

Answered 2 months ago.

Can i force my 18 year old to live with me until he can graduate? : My son who is 18. Decided to live with friends. I am so angry. I know he wont finish high school. I told him he needs to get home but he has "im 18 and can do what i want attitude" but his maturity level is like a 12 year old. Is there anything i can do legally?

Asked 2 months ago in Sex Crime

Scott’s answer: No, your child is an adult at age 18 and can move as he wishes. I also agree with counsel that absent some additional circumstance (ie. getting a court order guardianship due to infirmities) he can make his own call.
However, this may be complicated if you are still paying support. Typical Judgments of Divorce require child support to be paid until age 18 or graduation from High School, whichever comes last, AS LONG AS REGULARLY ATTENDING SCHOOL. If he is 18 and quits school, you should consider a motion to terminate the child support.

Answered 2 months ago.

My father passed away in 2011, leaving the family home and land to my younger brother.: In my dad's will, there is a directive that if anything were to happen to my brother (at the time, he was not healthy), the land and home were to revert back to me. My brother is married and has a minor child. He committed suicide on Aug 13, 2015. His wife and I don't get along at all. I don't have money for a lawyer, but I want to confirm. I was informed at the time of dad's death that my brothers wife would not be able to inherate from my fathers estate. I want to get the family home back before she sells it as she and my brother have already sold everything else my father owned. (he also had the family home put into his name upon the death of my father if that makes a difference in my question)

Asked almost 2 years ago in Real Estate

Scott’s answer: Seems to me that if your dad passed in 2011 and left to your brother. Then your brother received that inheritance during his life. In fact, you said the home was transferred into his name before he died. Then I think the home will go to your brothers estate and his heirs.

Answered almost 2 years ago.