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Questions Answered by Samuel G McKerall
1 Answer | Asked in Criminal Law and Domestic Violence for Alabama on
Q: In the state of Alabama, if you touch someone's property such as keys, is it justifiable for that person to hit you?

You are asking your child's other parent a question about where they are taking your child and they are ignoring you so to prevent them from taking the child you grab their keys. After doing so they push you into a window, twist your arm and punch you. Are they legally justified?

Samuel G McKerall
Samuel G McKerall
answered on Dec 31, 2020

Of course not!!! But you already know that. You are being abused. See a lawyer. As an alternative, consider going to the County courthouse and swearing out a warrant against him for Protection from Abuse. (PFA) The Circuit or District Court Clerks will probably help you fill out the form.... View More

1 Answer | Asked in Criminal Law for Alabama on
Q: I made police report against my husband for DV I didn’t sign a warrant
Samuel G McKerall
Samuel G McKerall
answered on Aug 11, 2020

Assuming that is a question, the answer is yes the police can sign a warrant. If they become aware of a bank robbery they can arrest the bank robber. You made the police aware that your husband committed violence on you. They can arrest him. They do not need your permission.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Alabama on
Q: I own property in Cullman, al. I run Angus cattle on. A neigh.rented 8 a.c.. now there is 10 to 15 rodeo bulls there

These bulls are destroying my fences, breeding my cattle, and have charged me and wife on our property. Repeatedly ask for repairs of my property, and contain these not ag animals.

Samuel G McKerall
Samuel G McKerall
answered on Jul 29, 2020

Here's the primary law on it. There's a lot more than just this one, You can look at all the other Alabama laws on the subject by Googling Code of Alabama, and then choose the one that has the word "alison" in the web address. Scroll down to Article Three - Animals - and then... View More

1 Answer | Asked in Car Accidents and Civil Litigation for Alabama on
Q: My boyfriend borrowed a friends car (no insurance on car) with her permission. Something broke on the front end and he

Wrecked the car but didnt hit anyone else. She is threatening to press charges against him if he doesn't buy her another car by end of the week. The wreck just happened last night. Can she do that?

Samuel G McKerall
Samuel G McKerall
answered on Jul 9, 2020

No, under the facts as you have given them she cannot do that. On the other hand, if it turns out he did NOT have her permission, then she can, but it won't get her anything since he will then have to be spending money on a criminal defense attorney.

But beyond that, and there's...
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1 Answer | Asked in Criminal Law, Family Law, Internet Law and Juvenile Law for Alabama on
Q: Can I move out if I get married at age 18 in the state of alabama?
Samuel G McKerall
Samuel G McKerall
answered on Jan 13, 2020

Yes, you can. You can also move out whether or not you get married, so if you're getting married just so you can move out, don't bother. Just move out, Now, whether you OUGHT to do either one - get married or move out - are different questions, but with respect to whether you CAN do... View More

1 Answer | Asked in Criminal Law for Alabama on
Q: Traffic stop. Passenger ran. Left drugs in car. Charge poss. No. Traffic off. Now charging me w traffic off.

This is 2 months after stop. Is that legal?

Samuel G McKerall
Samuel G McKerall
answered on Mar 4, 2019

Its legal if there really was a traffic offense and he just didn't write it up at the time. On the other hand, if there originally was no traffic offense, and the officer is lying and just made up a traffic offense so that he could make a possession charge stick, then its not legal.... View More

1 Answer | Asked in Criminal Law for Alabama on
Q: My home was searched and property was seized while I was on vacation what do I do now that I'm home
Samuel G McKerall
Samuel G McKerall
answered on Jan 6, 2019

What do you think we're going to say on here? We're all lawyers, so ....... Hire a lawyer. A good one. Tell him or her the complete and absolute truth. Communications with your lawyer are absolutely confidential.

1 Answer | Asked in Criminal Law for Alabama on
Q: Can a police officer pick a child up from school without parent permission to
Samuel G McKerall
Samuel G McKerall
answered on May 3, 2018

It depends. Why did the officer pick him up? Did he murder someone? If so, the officer can arrest him and take him to jail. Did he commit some kind of assault on another student? Or a teacher? If so, the officer can arrest him and take him to jail. If the officer's purpose had nothing... View More

1 Answer | Asked in Criminal Law for Alabama on
Q: Age limit in Alabama that a child can be left unattended in a car for a little while.
Samuel G McKerall
Samuel G McKerall
answered on May 3, 2018

What is the matter with you? Who leaves their child unattended anywhere in a car for even one second? There is no age limit defined by the law.

WARNING: I am not your lawyer and providing you with the generic information, definition, clarification or explanation you seek about a legal...
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1 Answer | Asked in Contracts, Real Estate Law, Construction Law and Land Use & Zoning for Alabama on
Q: Does a HOA have the right to decide if I extend my driveway or not?

I live in a neighborhood with a HOA. My house is on a culdesac with an empty lot next to us (the empty lot has been deemed not build-able). I want to extend my driveway about two-feet towards the empty lot, but still on my property.

Samuel G McKerall
Samuel G McKerall
answered on May 2, 2018

That's a question that can't be answered without looking the HOA's official documents, any subdivision regulations that apply and any local city, town or county ordinances that apply. Here's a short un-researched educated guess (that may or may not be correct): If none of the... View More

1 Answer | Asked in Federal Crimes and Criminal Law for Alabama on
Q: I was on imvu girl claimed to be over 18 had no idea she was 13 till i asked she persuaded me sexually should i worry

Im bipolar dont understand law and if reported how long before arrest

Samuel G McKerall
Samuel G McKerall
answered on Apr 19, 2018

Yes, you should worry. You posted this under "Federal Crimes". Its unlikely to be a federal crime, unless you took the girl across a state line for the purpose of having sex with her, or maybe if you had sex with her on federal property, like Redstone Arsenal, which is next door to your... View More

1 Answer | Asked in Federal Crimes, Internet Law, Juvenile Law and Sexual Harassment for Alabama on
Q: An underage (but of the age of consent) sent me a kinda suggestive picture, am I in trouble?

We had spoken for a while with a romantic tone, and she out of the blue sent me a picture last night of her in a baggy top with a bit of her chest showing. I'm really scared

Samuel G McKerall
Samuel G McKerall
answered on Mar 30, 2018

No.

WARNING: I am not your lawyer and providing you with the generic information, definition, clarification or explanation you seek about a legal matter on this anonymous forum does not make me your lawyer. By answering your question I am only trying to provide you with general...
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2 Answers | Asked in Divorce, Real Estate Law and Landlord - Tenant for Alabama on
Q: Can I kick my spouse out of the house if I'm paying the bills and he isn't? But the house is under his name.
Samuel G McKerall
Samuel G McKerall
answered on Feb 17, 2018

No. Not unless you sue him for divorce and win, and probably not even then. There are a lot of moving parts to a marriage, and all we can say with so few details is that the solution you would like is within the realm of possibility. You need to hire a good divorce lawyer and tell him or her... View More

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1 Answer | Asked in Criminal Law and Juvenile Law for Alabama on
Q: Stolen Automobile

My friend stole his grandpa's truck and came and picked me and a guy up. His grandpa is pressing charges what would you think the results would be? I'm 14 years of Age in Alabama

Samuel G McKerall
Samuel G McKerall
answered on Feb 3, 2018

With a good lawyer you probably won’t be found guilty of anything because under the facts as stated you didn’t do anything. With no lawyer you may get caught up in the system and not be able to avoid a conviction. On the brighter side, your friend is probably not guilty of the felony crime if... View More

1 Answer | Asked in Criminal Law for Alabama on
Q: Need a copy of a criminal indictment, court clerk told me it is not a matter of public record. Is this true?

I am a journalist requesting information about a criminal case which hasn't yet gone to trial. I asked questions of the Lee County Circuit Court Clerk, but was told "no comment." I asked for a copy of the indictment, and was told it is not public record. I am unfamiliar with Alabama... View More

Samuel G McKerall
Samuel G McKerall
answered on Feb 2, 2018

Indictments are typed up in the prosecutor's office. They are not valid and are therefore confidential unless and until they are (a) signed by the foreman of the grand jury as a "true bill", (b) delivered to the Clerk of the Circuit Court, (c) served on the defendant and (d) the... View More

1 Answer | Asked in Criminal Law for Alabama on
Q: I am being charged with assault 3rd she wants me to pay for her hair being pulled. Can I get out of that?

I told the girl 3 times to leave me alone I then threw my drink in her face and pulled her hair. She pressed charges on me for assault and now wants me to pay over 1500$ for her to get some extensions. You also can’t tell in the video if I pulled her hair or not. I can not afford a lawyer but... View More

Samuel G McKerall
Samuel G McKerall
answered on Jan 28, 2018

You can't afford a lawyer? OK. Get ready to figure out how to earn a living with greatly reduced employment opportunities for the rest of your life. That would be after any possible jail sentence and income you'd lose if incarcerated. You are NOT equipped to deal with law enforcement... View More

1 Answer | Asked in Criminal Law for Alabama on
Q: if someone presses charges against me and I'm schedule for a bench trial concerning unauthorized use of vehiclr

but they don't show up on courtesy, who pays court costs?

Samuel G McKerall
Samuel G McKerall
answered on Jan 21, 2018

Usually, the court will continue the case at least once in order to give the complainant one more chance to show up in court. Sometimes the judge will send the officers or deputies out to bring the complainant to court. If the complainant cannot be found the case will be dismissed, although in... View More

1 Answer | Asked in Criminal Law for Alabama on
Q: Is a felony attempt to elude charge and reckless endangerment charge in Alabama federal charges?
Samuel G McKerall
Samuel G McKerall
answered on Jan 20, 2018

Maybe, and maybe not. These are usually state charges, but if the offense(s) occurred on federal property, for example, one of our several military bases, a federal courthouse, or a post office, or involved a federal officer or employee, the charge would most likely be federal.

WARNING: I...
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1 Answer | Asked in Real Estate Law for Alabama on
Q: My aunt signed a contract stating she'd sell her interest in my grandmothers estate to me but refused payment.

Grandmother passed away 14 years ago.My aunt/Godmother moved in to care for her.She continued living in the home until this past feburary as she passed from cancer.My Aunt MaeLene was a Godsend to me as she raised me like her own after my mom Janet her little sister(15years younger) passed when i... View More

Samuel G McKerall
Samuel G McKerall
answered on Jan 20, 2018

You should take the contract to a good local lawyer nearby and let him or her analyze it. The sooner you can do this, the better. Contracts to sell land (or interests in land) have to have certain characteristics in order to be enforceable in a court of law. No lawyer can answer your question... View More

1 Answer | Asked in Criminal Law and Family Law for Alabama on
Q: Need immediate answer please.. I have a sister in law who has lost 3 children and had another who is hid. Can I go get h

I would like to go get him as I know they are actively looking for the child and she has him hidden with a family member. I know the location and can go take him forcefully

but am worried about repercussions. Local DFCS are looking for the child but I feel the family will keep hiding him. I... View More

Samuel G McKerall
Samuel G McKerall
answered on Jan 13, 2018

Do you seriously think you're going to get some lawyer to come on here and advise you as to how you may cross a state line and take a child from someone else forcefully? What is the MATTER with you?

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