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    Shelley
    Shelley
    I have a 22 year old son who lives in a separate house on the same property as I do. Lately he's started making my life miserable. Yesterday he yelled obscenities at me outside with the neighbors listening for over 30 minutes. Last night he cut the spark plug wires on my friends motorcycle because he was still mad. Then at 4:30 this morning I heard him outside shooting his shotgun and yelling the F word. I opened the door and said, "Who are you yelling at?" He said, "You! Eff you!" And more cussing and 2 more gunshots. 4:30 am! Today he says he isn't accountable for what he did to the motorcycle and says,"That's just the beginning." What are my legal options in a case like this? Thanks foodie your help.
    9/28/2014 10:33 am Reply
    Judge Tom
    Judge Tom
    Dear Shelley: Since your son is now an adult, you are no longer legally responsible for him. Therefore, you can kick him out of the house if you are the property owner and believe that this is what he needs to get his act together. Otherwise, you could call the police when he violates the law in any way (damaging your friend's motorcycle, shooting the gun, etc.). Finally, if you have not yet tried, perhaps a calm, straight forward heart to heart with him, may result in some awareness as to how his behavior affects you. Good luck. (Check our Resource Directory for more help and resources in your area. This is information only – not legal advice.)
    9/28/2014 8:54 pm
    Melanie
    Melanie
    My son is 17 years old and was arrested at school with marijuana. He is a great student who made a VERY poor decision. Since his arrest I have randomly preformed my own at home drug tests, which he has passed them all. I unfortunately could not afford a lawyer and his court appointed lawyer stated he had good chances at being placed on Diversion. Needless to say after we completed ALL the pre-trial diversion paperwork, our "so called" attorney continously showed up to court forgetting paperwork, late (each and every time) and at my son's last court appearance stated he didn't qualify for diversion. My son is an honor roll student, never been in trouble, prior to this incident, and had letters of recomdation from not only family friends but school professionals as well. I am confused as to why he is now on deffered adjudification, and was denied diversion. Is there anything we can do at this point to fight this decision? If not, what is the difference between defered adjudification and just paying the fine for his offense and being done with this HORRIBLE sistuation altogether. I am in no way condoning my sons poor choices, but on everything we researched he met all the qualifications for diversion. Please help! he wants to go to A&M and pursue a career in Petroleum Engineering and I don't want a decision he made as a "stupid child" to affect his Adult choices.
    9/4/2014 8:21 pm Reply
    Judge Tom
    Judge Tom
    Dear Melanie: We suggest you ask his lawyer why he's not eligible for diversion. The programs differ from state to state and "deferred adjudication" may have the same effect as diversion. If unsuccessful or unsatisfied with the explanation offered, ask to speak with the attorney's supervisor. Good luck.
    9/5/2014 8:28 am
    Anonymous
    My adopted daughter has been in therapy for the last 8 year about her sexually problems she always doing inappropriate thing around her brother and sister like pouring water down her breast in front of the 14 and 13 year old saying she can do what she wants its her body I can not leave her at home alone there is always a problem when i come back. She is 16 years old and the other ones are younger and I can not work because of her. She has NO respect for authority she told the therapist that she does 100% what she suppose to do at school and 0% at home. She does so much i really don't know what to do
    7/20/2014 6:21 pm Reply
    Judge Tom
    Judge Tom
    Have you discussed her behavior with her therapist? He or she may have some suggestions. She may benefit from medication but that's a doctor's call. If she is breaking any laws, you could speak with a juvenile probation officer for suggestions about getting her back on track. Good luck.
    7/21/2014 11:12 am
  • Anonymous
    My daughter had constantly been in trouble for the past 6 months. She has been lying, sneaking, stealing, kicked off the school bus 5 times this past school year, sent to the alternative school twice, and is now facing a possession of a controlled substance charge. She has NO respect for authority and is not afraid to admit it. Do not know what to do. I am recommending Juvenile Jail for her because I do not want her to end up in prison and I am hoping that may open her eyes. What other recommendations do you have?
    6/11/2014 2:16 pm Reply
    Judge Tom
    Judge Tom
    Many juvenile courts across the country have probation officers assigned to speak with families in order to assist with family issues and keep the juvenile out of court. But since your daughter is facing charges, you'll have an opportunity to meet with a court officer to discuss the situation. Explain to them what's been going on and possibly she could benefit from a diversion program or other services provided by the court. Good luck.
    6/12/2014 5:51 pm
    Shannon Eckert
    Shannon Eckert
    I am the CASA(I am not a lawyer) for a 14 year old girl who has been on runaway status for at least a year. I am very frustrated. Here in New Mexico it is not illegal to run away. She was in the states custody for approximately 2 months and comes back into custody in order to access medical care. At this point she has been out of school for approximately 1 year. Is there anything in the law that would compel the state to ensure she is being educated. I believe she should be in a residential treatment facility where she can not run from, but there is no money to support this level of care. Any suggestion or information would be helpful. Shannon Ecekert
    5/31/2014 9:45 am Reply
    Judge Tom
    Judge Tom
    Dear Shannon: First, thanks for your service as a CASA volunteer. New Mexico, like most states, have compulsory education laws that require school attendance between certain ages (six to sixteen, for example). However, if a minor is a runaway, there's little that can be done until he or she is in custody. Kids can't be locked up or sent to the department of corrections solely because they miss school. Not to mention, there are no "residential treatment" programs for runaways that are locked facilities. Thanks for asking. (This is information only - not legal advice).
    5/31/2014 5:02 pm
    Anonymous
    My 18 year old son is a junior in the morgan hill unified school district. he has been cutting class or completely absent a whole day 2 out of 5 days a week. what are the legal consequences of this?
    5/21/2014 12:24 pm Reply
    Judge Tom
    Judge Tom
    First, we suggest you look at the school's Student Handbook to see what the truancy rules/policies are. They should be spelled out in the handbook. After so many unexcused absences, he may be facing consequences through the school such as detention or in school suspension (ISS). Then he may be referred to juvenile court. If he has to go to court, he may be placed in a diversion program and have to complete some community service and attend a class or counseling. Part of any diversion or probation would be regular school attendance. You can also contact the school's attendance counselor for more information. Thank you for writing us. (Check our Resource Directory for more help and resources in your area. This is information only – not legal advice.)
    5/22/2014 10:27 am
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