The short answer is yes, both can be charged with one quantity of narcotics even if one claims the narcotics as their own. Under the rules on "constructive possession" a person needs only to have knowledge and an intent to exert dominion or control over the narcotics to be convicted of...Read more »
He calls, texts, and has sent things to my job. After being told not too. Im starting fear for my safety. He has incriminating text and pictures that support the affair but I also have text and emails asking him to stop contacting me.
You may want to take a look at the crime of Stalking Second Degree, which states, in the relevant part, that if a person intentionally acts with an improper purpose, repeatedly harassed, telephoned, or initiated communication with another person and caused that person to reasonably fear for that...Read more »
It sounds like what you are looking for is either 1) a pardon or 2) expungement. The ability to have your record "wiped" depends on if you were convicted or not and what the charges were. Not all drug charges can be expunged. If you are looking to have your record sealed then I suggest...Read more »
I'm sorry to have to say this but, it depends. Jurisdiction of a county office doesn't immediately end at the county line. There is an area of concurrent jurisdiction. This means that there is a buffer zone where the counties meet in which officers from both counties are well within their...Read more »
Expungement may be possible but is dependent on when he was "acquitted," how the case was handled, and what he was accused of. There are different rules for felonies, misdemeanors, and traffic violations. As of 2021, most charges that did NOT result in a conviction can be expunged. He...Read more »
The chain of evidence relates to who had custody of an item or piece of evidence when to ensure it is preserved in an unaltered state for introduction at trial. Most felony reports will include a chain of evidence for key pieces but, not always. Further, a break in the chain does not inherently...Read more »
This is what is in my divorce says: Real Property: The Plaintiff shall be awarded the real estate located at: 3524 Alexandria Wellington Road, Alexandria, Alabama 36250. The Defendant has relinquished all right, title, and interest in said real estate by execution of a quitclaim deed filed... Read more »
The main question I have is what does your divorce say about the debts related to the property. Traditionally there is a provision either attached to or directly after the portion you cited, that states that the Plaintiff (the person awarded ownership of the property) is responsible for all debts...Read more »
My oldest turned 19 & my youngest is 16. When my son turned 19 their father cut child support from $400 for 2 & then started paying $200. There was no discussion or anything. I just started receiving 1/2 of the payment. I was just wondering if that is the way it is suppose to be done or if... Read more »
It will not "drop" automatically, but it does give you grounds to request a modification and have child support recalculated for the one child. Until a modification is ordered, the amount you are ordered to pay and you are responsible for will remain the same.
I (we) have reached out to many people about this. Other tenants have been to the mayor ,sheriff and health department as a group. No one will come. Not even a bad area. We are right beside an elementary school. The Health Department wont come just this week after a year of calling did I finally... Read more »
If your apartment is uninhabitable and you have made the landlord aware and the landlord has failed to improve conditions and make the home habitable then you are allowed to break the lease and move. If you get sued by your former landlord for breaking the lease you will have a recognized defense....Read more »
The file is then sent back to the original court and they file a warrant for their arrest. (Warrants filed expire at the end of every year & have to be refiled in the new year). The warrant was filed October 2017 & was never refiled after that. He was arrested in December 2020 on that... Read more »
Warrants do not expire in Alabama. In fact, I don't know of a jurisdiction where warrants do expire. If a warrant was issued for his arrest it will remain outstanding until the warrant is served via arrest. Warrants can be defective but, age alone does not make a warrant defective.
He should be able to combine supervision with whichever county he is living in if he is on state-supervised probation. However, the payments of court costs, restitution, fines, and fees will have to go to the sentencing court. He needs to talk to his probation officer and have supervision...Read more »
Children under 12 do not have to testify in sexual offense criminal cases see Section 15-25-31 of the Code or Alabama. It says "An out-of-court statement made by a child under 12 years of age at the time the statement is made concerning an act that is a material element of any crime involving...Read more »
You can file it without them knowing but, they will quickly know whats going on when they are served. Inorder for the case to go forward they will need to be served. It is not recommended that you file without talking to your spouse first.
If your question is whether or not a warrant may be issued without interviewing you, the answer is yes. If your question deals with the specific facts of your case you will need to contact a criminal defense attorney in your local area.
My wife got arrested last year the lady over the evidence room was going to give me my gun back and she said the investigator has the kind I contacted the investigator and he said the only way I could get my gun back is if she turns in names how is he legally able to keep that gun out of the... Read more »
The police are allowed to keep the firearm for evidentiary reasons, meaning it is evidence in a crime until that case is concluded. A case is not concluded until the person is found either A) not guilty or B) all appeals have been exhausted. If the person is convicted, I would anticipate that the...Read more »
It isn't useless information, it would be about the 10th or 11th most important thing I'd say during a trial. But, this isn't the smoking gun that get you off the hook if the video is otherwise good: meaning that it is clearly you and its obvious that your selling drugs on the video.
I am 19 years old, my stepfather molested me when I was 14 years old,my mother was pregnant with my 6 year old sister,we moved away from him,my mother suffered violence, also him in jail 1 month for domestic violence, I never reported him to the police because,I am very afraid of it. my little... Read more »
The brief answer is yes, you can file a police report against him and the crime should be investigated. Alabama has no statute of limitations on sex offenses involving a child under 16, which means that your case could still be prosecuted. See Ala. Code Section 15-3-5. The more quickly you report...Read more »
To directly address your question, it depends. It depends on a multitude of factors that primarily relate to will the person be in lawful possession of the firearm. Alabama law allows for persons to carry firearms lawfully if certain requirements are met, for example, if the firearm is concealed...Read more »
My 16 year old son acted dumb and entered a school that had been shut down for years and ended up being caught while walking out of the school. My son and 1 other boy were arrested and charged with Burglary 3rd. The other boy stole a half of a pack of printer paper, a used box of crayons, and a... Read more »
Unfortunately, the intent to steal need not be formed when they entered the building; the law says entered or REMAINED UNLAWFULLY THEREIN thus if they were unlawfully in the school when the intent to commit theft was formed it counts as burglary. Notably, your son would have had to agree to the...Read more »
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