Courts alleged that assault occurred on October 24th,2018. On February 26th,2020 (plea date). No medical records. October 27th,2020 (I filed Motion of Discovery). No medical records. Now, November 3rd,2023, courts have set "Show Cause"hearing for fine & restitution unpaid. No medical records.
answered on Nov 5, 2023
If the courts have not provided medical records that are relevant to your case despite proper requests through discovery, this could potentially impact your right to due process under the Fourteenth Amendment. Due process includes the right to a fair trial, which encompasses the ability to review... View More
The policecame and said they saw no threaght. The victom showed up with others after and attemppted violence. I defended myself. I was indicted for assault
answered on Nov 2, 2023
Under Alabama law, self-defense is a justification for assault. Self-defense is justified when you reasonably believe that you are in imminent danger of serious physical injury or death and that the force you use is necessary to defend yourself.
In your case, you may be able to argue that... View More
My uncle is in prison on charges that he ant been found guilty on all his charges are still pending
answered on Sep 11, 2023
In the legal system of the United States, individuals can indeed be held in jail while charges against them are pending; this is not equivalent to being sentenced to prison. When someone is arrested and charged with a crime, they may be held in pre-trial detention, especially if they are perceived... View More
She then pulled in the lane ahead of me and attempted to cut me off
answered on Aug 31, 2023
Encountering an aggressive road rage incident on the freeway, as you described in Alabama, can be unnerving. It's crucial to prioritize safety and remain composed in such situations. Instead of escalating the conflict, focus on driving safely and avoiding any engagement with the aggressive... View More
answered on Aug 17, 2023
In Alabama, as in most jurisdictions, an attorney representing a client in a case against a defendant would typically have a conflict of interest if they were to then represent the same defendant in a different case. This scenario could potentially compromise the attorney's duty to provide... View More
My landlord is an 82 year old gay male that ask me to let him perform oral sex on me. He also repeatedly touches me. I have told him I'm straight and to stop touching me countless times yet it still happens. What are my avenues to stop this other than moving as I'm in a bad spot and rent is cheap.
answered on Aug 15, 2023
Based on the facts that you are reporting, your landlord may be acting in violation of criminal statutes. Further, his conduct may give rise to several civil claims for assault, battery, or other torts. You should contact a local personal injury attorney to review your case and discuss your legal... View More
I'm 21 years old an my sister is 28 an so forth. For months now we been having issues with our mom who we don't talk to since she's unstable. I have proof she's been using our SSN to even give her undocumented boyfriend a job also plus she put me $1k in debt for her bills. I... View More
answered on Aug 6, 2023
The first step is to gather all relevant evidence and consider filing a police report to initiate a criminal investigation. For civil remedies, you may wish to consult with an attorney experienced in identity theft cases to initiate a lawsuit for damages and to assist in the recovery of the money... View More
I have customers that finance their home furnishings and never make the first payment. Purchases range from 500-9000
answered on Aug 3, 2023
Engaging in the act of purchasing items on credit with no intention of paying for them is generally considered fraudulent and illegal. This type of behavior is commonly known as "fraudulent inducement" or "fraudulent misrepresentation."
If a person intentionally enters... View More
answered on Jul 20, 2023
The use of GPS information in a criminal case without a warrant can be a complex legal issue, and it often depends on the circumstances and applicable laws in the jurisdiction where the case is being tried.
In 2012, the U.S. Supreme Court addressed the use of GPS tracking in criminal cases... View More
My son was shot and killed March 2020 he was a US Army soldier that was shot by another soldier in that soldier's home. They claimed that it was an accidental shooting. They close my son's case May 11th of this year. I don't believe my son's case was properly investigated... View More
answered on Jul 11, 2023
If your son and the other soldier were still in the service, there should have also been a military investigation. If they were both out of the service at the time, then there would likely only be the civilian investigation.
Consider submitting a Freedom of Information Act request to the... View More
My son was shot and killed March 2020 he was a US Army soldier that was shot by another soldier in that soldier's home. They claimed that it was an accidental shooting. They close my son's case May 11th of this year. I don't believe my son's case was properly investigated... View More
answered on Jul 11, 2023
I am so sorry you are dealing with this. There are a few different types of lawyers who might be able to help. A wrongful death lawyer could help file a wrongful death lawsuit if appropriate. A civil rights lawyer could help investigate whether your son's civil rights were violated. A criminal... View More
I tried contacting them no answer what should I do ?
answered on Jul 4, 2023
You should get a local criminal defense attorney, if you cannot afford one, you can surrender yourself (which you will likely have to do at some point or another now anyway) and assert your right to be appointed an attorney and you will get a Public Defender or another court appointed attorney. It... View More
She turns in who comes to my apartment who leaves if someone is smoking every little thing I do I don't bother her I stop any company after 10 pm
answered on Jun 14, 2023
This is tricky, its riding the line. It's not quite harassment under Code of Alabama §13A-11-8, because there is no contact or obscene gesture and it's not quite violating Ala. Code § 13A-11-30 about videotaping others because outside of your apartment you do not have a reasonable... View More
Couldn't you then kill someone and not get charged because of Double Jeopardy.
And what if the person was missing and they thought you killed them and then they were found couldn't you kill them since Double Jeopardy. And if they did you could sue them for double jeopardy(heard... View More
answered on Jun 4, 2023
No.
So, Double Jeopardy applies to the specific act. So, if you were charged with killed Person A who is actually away on vacation, then you are put on trial and convicted for murder of Person A, then person A shows up alive and well so you are released. If you then intently kill person A... View More
His bond , how can I get it reinstated
answered on Apr 11, 2023
Now that your husband's bond has been revoked by court order, there are only two ways for him to be eligible to make bond in the new case 1) a new court order reinstating his bond would make him eligible for release or 2) the older case gets resolved thus taking him off bond in that case. The... View More
answered on Apr 11, 2023
It will affect a new charge but will not be counted as a prior conviction if the drug court charges are dismissed. The prosecutors will consider it, and the fact that he has been through drug court in the past may limit your husband's options. Still, if he is found guilty of the new offenses,... View More
I was told my case needed investigation of certain issues
answered on Feb 7, 2023
A "certain issue" is another way of saying that there are red flags in your case that someone noticed that need to be explored further. It is the generic term for a discrepancy in the facts or a legal issue that needs to be answered before someone, likely your attorney, feels comfortable... View More
I had the drugs o my nuts he acted like he was gone get rid of them or I would have just dumped it in the hospital room bathroom I faked the home event to get rid i f the drugs he gave it to them at hospital an they charged me with it .. that ain't legal right
answered on Jan 24, 2023
If I understand your story correctly, you faked an injury so that you would be taken to the hospital so that officers, who were searching your car, would not find the drugs that were hidden in your trousers. In the ambulance, you gave the drugs to the paramedic, who, in turn, gave them to the... View More
answered on Dec 30, 2022
You might. If you have a warrant in Millbrook, you should probably arrange to turn yourself in so that you do not have to worry about being arrested in court or on a traffic stop, etc. I would arrange for someone to post your bond, and go ahead and turn yourself in. Millbrook will eventually catch... View More
Drug possession criminal mischief
answered on Apr 9, 2024
It depends on whether the judge was the defendant's attorney in the same case or in a "substantially related matter."
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.