Question: Can a judge require parent guardian present in court or proof via notice letter for a violation of 65-c NYS Bev. Control if defendent is of legal majority?
Specifics: 1. Defendent is of legal majority age (20).
2. Attended first court date without parent/guardian
3. Judge refused to sentence defendent because of #2
4. Notice home did not state guardian is required nor did it give you the option of written letter. Judge's explanation "it is not fair to the others who brought their parents."
5. Set 2nd court date requiring parent present or notice letter
If you are above 18, you are seen legally as an adult in the court system.
However, since the charge is for a crime in which you are considered a minor, does that waive your right as an adult?
-IF it is not required by law for guardian to adknowlege the youth's offence, can a judge still use personal judgement in this case?
IF not....
If defendent and parents refuse to give the court their adknowledgement, are they not violating law? Therefore making the judge's action considered wrongful because he refused to sentence on the first court date?
Specifics: 1. Defendent is of legal majority age (20).
2. Attended first court date without parent/guardian
3. Judge refused to sentence defendent because of #2
4. Notice home did not state guardian is required nor did it give you the option of written letter. Judge's explanation "it is not fair to the others who brought their parents."
5. Set 2nd court date requiring parent present or notice letter
If you are above 18, you are seen legally as an adult in the court system.
However, since the charge is for a crime in which you are considered a minor, does that waive your right as an adult?
-IF it is not required by law for guardian to adknowlege the youth's offence, can a judge still use personal judgement in this case?
IF not....
If defendent and parents refuse to give the court their adknowledgement, are they not violating law? Therefore making the judge's action considered wrongful because he refused to sentence on the first court date?
