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 »
An Alabama attorney could advise best, but your post remains open for three weeks. I'm sorry you're still awaiting a response, but this forum isn't set up for attorneys to reach out to help you - you have to reach out to them. This is only a Q & A Board, not an attorney referral...Read more »
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?
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....Read more »
To assist with a motion for reconsideration, you should contact an Alabama attorney experienced in post-conviction work. These kinds of legal battles can be very complicated and should be handled by a competent attorney.
My husband was placed on 5yrs of Community Corrections in July of this year after pleading guilty to a possesion (Class D) felony. To make a really long story short, he checked in with the community corrections officer on 10-26-20 and taken into custody by way of bench warrant for failure to comply... Read more »
If your husband had an attorney when he pleaded guilty to the original UPOCS, you should contact that attorney. Defendants who are placed on Community Corrections supervision are in the custody of ADOC, so "revocation" and violations work differently than probation if he has been on...Read more »
Gave a business $2900 to order parts for my car. Decided afterwards i no longer wanted the work done.. owner of the business said that was fine, and he would return me my money when he refunded the parts.. he refunded the parts and got the money back but the bank supposedly froze his bank account..... Read more »
It can actually be both. Since no work was done and he converted your money into his money and you got nothing for it, then that can be construed as Theft by Deception 1st, a class B Felony since he has taken your money and not returned. Talk to the police or sheriffs office in your county about...Read more »
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 bf is currently in jail for a probation violation but no one not even the judge can tell him what the violation is. The probation was in Alabama being transferred to MS fee had been paid Jan 21st he had permission to be in MS. PO told him wait on a call and never called so he started calling... Read more »
You said probation was being transferred to MS. Until your case has officially been transferred to another state you must continue to report in Alabama. It’s probably for failure to report. But I don’t know, just guessing. The probation office in the county where he was convicted will be able...Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.