Both parents continue to share legal child custody until the minor has reached the age of 18 or becomes legally emancipated. A minor is considered to be a person who is physically and intellectually imperfect and immature and hence needs someone's protection. Hindu Minority and Guardianship Act, Child Custody Judgments Guardianship Judgments Status of Children born in Live in Relationships : clear laws should be made and amendments to ambiguous terms in present laws must be made to grant clarity on the status and rights of children born in a live in relationship.
This will ensure uniformity and help establish emotional, mental and physical security for such .
A guardian may be a natural guardian, testamentary guardian or a guardian appointed by the court. In deciding the question of guardianship, two distinct things have to be taken into - person of the minor and his property.
Often the same person is not entrusted with both. Legal Service India. Search On: laws in India. Call Ph no or : admin legalserviceindia. How to File a Mutual Consent Divorces.
File Mutual Divorce. When you are arrested, you are taken into custody.
This means that you are not free to leave the scene. Without being arrested, you can be detained, however, or held for questioning for a short time if a police officer or other person believes you may be involved in a crime. For example, an officer may detain you if you are carrying a large box near a burglary site.
You can also be detained by storekeepers if they suspect you have stolen something.
What to do and not do when arrested
Whether you are arrested or detained, you do not have to answer any questions except to give your name and address and show some identification if requested. What Rights Do I Have? Whether you are an adult citizen or non-citizen, you have certain rights if you are arrested. Before the law enforcement officer questions you, he or she should tell you that: You have the right to remain silent.
Anything you say may be used against you. You have a right to have a lawyer present while you are questioned. If you cannot afford a lawyer, one will be appointed for you.
You don’t have to solve this on your own – get a lawyer’s help
These are your rights, guaranteed by the Constitution. If you are not given these warnings, your lawyer can ask that any statements you made to the police not be used against you in court. But this does not necessarily mean that your case will be dismissed. This does not apply if you volunteer information without being questioned by the police.
You can be questioned, without a lawyer present, only if you voluntarily give up your rights and if you understand what you are giving up. If the questioning continues after you request a lawyer and you continue to talk, your answers can be used against you if you testify to something different.
You may be required to give certain physical evidence.
For example, if you are suspected of driving under the influence of alcohol you may be requested to take a test to measure the amount of alcohol in your system. If you refuse to take the test, your driver's will be suspended and the refusal will be used against you in court.
Once you are booked, meaning your arrest is written into official police records and you are fingerprinted and photographed, you have a right to make and complete three telephone calls that are free within the local dialing area. If you are arrested for a crime, particularly a serious one, you should contact a lawyer as soon as possible. He or she has a better sense of what you should and should not say to law enforcement officers to avoid being misinterpreted or misunderstood. The lawyer also can advise you or your family or friends on the bail process.
Who Can Arrest Me? All law enforcement officers - such as police officers, county sheriff officers, investigators in a district attorney's or an attorney general's offices and highway patrol officers - can arrest you whether they are on or off duty, in most cases.
A probation or parole officer also can arrest you.
They can arrest you - even if they do not have an arrest warrant - if they have probable cause or good reason to believe you committed a felony, such as armed robbery. A felony is a crime of a more serious nature than a misdemeanor, usually punishable by imprisonment for more than a year. They do not have to see you commit a felony in order to arrest you.
What to do when you are arrested
They do, however, have to see you commit a misdemeanor in order to arrest you. If you commit an infraction, instead of taking you into custody, they may ask to a citation or notice. This is a minor offense, such as a moving violation, where the punishment usually is a fine. If you the citation, you are not admitting guilt; you are only promising to appear in court.
If you have no identification or refuse tohowever, an officer may take you into custody. Any person, such as a private security guard, can make a citizen's arrest if they see a misdemeanor being attempted or committed.
Police stations - what happens when you are arrested
A misdemeanor is a criminal offense, usually punishable with a fine or short jail term. They also can make a legal arrest for a felony as long as it actually was committed and they have good reason to believe you did it. They must take you to a police officer or judge who is required by law to take you into custody.
Usually a warrant is required before you can be taken into custody in your home. But you can be arrested at home without a warrant if fast action is needed to prevent you from escaping, destroying evidence, endangering someone's life or seriously damaging property.
Fifth amendment miranda rights
The warrant must be ed by a magistrate or judge, who must have good reason to believe that you, whom the warrant names, committed a crime. If your name is unknown, "John Doe" can be used on the warrant - along with your description.
Once an arrest warrant is issued, any law enforcement officer in the state can arrest you - even if the officer does not have a copy of the warrant. Generally, there is no time limit on using a warrant to make an arrest. Before entering your home, a law enforcement officer must knock and identify himself or herself and tell you that you are going to be arrested.
If you refuse to open the door - or if there is another good reason - the officer can break in through a door or window. If the police have an arrest warrant, you should be allowed to see it.
If they don't have the warrant with them, you should be allowed to see it as soon as practical. The police may search the area within your reach. If you are arrested outdoors, they may not search your home or car.
Resisting an arrest or detention is a crime. If you resist arrest, you can be charged with a misdemeanor or felony in addition to the crime for which you are being arrested. If you resist, an officer can use force to overcome your resistance or prevent your escape. The officer can even use deadly force if it appears you will use force to cause great bodily injury.
What procedures must the police follow while making an arrest?
When Can I Be Released? If, during the questioning and before a charge is filed, the police are convinced that you have not committed a crime, they will give you a written release. Your arrest then will be considered a detention and not recorded as an arrest. The amount of bail - money or other security deposited with the court to insure that you will appear - is set by a schedule in each state.
You may be notified that you can forfeit or give up bail instead of appearing in court if you receive a traffic citation. However, if you have any doubt, go to court so a warrant is not issued for your arrest for failing to appear. Bail forfeiture does not apply to misdemeanors or felonies. Forfeiting bail does not mean that the charges are dropped and usually works as a conviction for a traffic offense. Officers at the jail may be able to accept bail. If you cannot post or put up the bail, you will be kept in custody. Depending on where you are arrested, you may have the opportunity to request a bail reduction through a bail commissioner.
When you are taken to court for bail setting or release, the judge will consider the seriousness of the offense you are charged with, any prior failures to appear even for traffic ticketsany record, your connections to the community, as well as the probability that you will appear in court.
The amount of bail is set according to a written schedule based on your charges. The law ps you are guilty of the charges for purposes of setting bail or release.
Instead of paying bail, you might be released on your own recognizance or "O. This means that you do not have to pay bail because the judge believes that you will show up for court appearances without bail. Local police departments and the State Department of Justice keep arrest records.
According to law, they cannot show them to anyone except law enforcement officers and may only show records of your convictions to certain licensing agencies which have a right by state law to investigate your criminal background. The arrest record includes when and why you were arrested, whether the charges against you were dropped or whether you were convicted of the charges, and the subsequent sentence imposed.
Both pleading guilty and being found guilty after a trial count as convictions. If you are convicted of committing a misdemeanor, placed on probation and stay out of trouble, you are able to have the conviction removed from your record for such purposes as employment background checks after probation is over. If you are convicted of certain felonies and you successfully complete probation, you can have the felony reduced to a misdemeanor on your record.