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Alabama Criminal Law Questions & Answers
1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Alabama on
Q: What civil and constitutional rights are broken when the courts fail to produce medical records of a alleged victim

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.

James L. Arrasmith
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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

1 Answer | Asked in Criminal Law for Alabama on
Q: I am charged with 2nd degree assault after someone sent me a textt hreaghtening my life. I called the police and they sa

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

T. Augustus Claus
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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...
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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Alabama on
Q: Can you be sent to prison on charges that are pending

My uncle is in prison on charges that he ant been found guilty on all his charges are still pending

James L. Arrasmith
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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

2 Answers | Asked in Criminal Law, Personal Injury and Civil Rights for Alabama on
Q: I was driving on the freeway and a lady felt that I cut her off she got upset and threw an unopened drink can at my car

She then pulled in the lane ahead of me and attempted to cut me off

T. Augustus Claus
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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

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1 Answer | Asked in Criminal Law and Legal Malpractice for Alabama on
Q: Can my lawyer represent me in case against a defendant and then represent the defendant on a deferent case
T. Augustus Claus
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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

1 Answer | Asked in Criminal Law, Landlord - Tenant and Personal Injury for Alabama on
Q: What can I do when a landlord asks for sex and touches me?

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.

William Vann Burkett
William Vann Burkett
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

1 Answer | Asked in Criminal Law, Social Security and Identity Theft for Alabama on
Q: My mom has been using my SSN, my sister's SSN, My dad's SSN (Ex husband) to take out loans, use for energy bills.

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

James L. Arrasmith
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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

1 Answer | Asked in Criminal Law for Alabama on
Q: Is there any law against someone buying on credit with never intending to pay for it?

I have customers that finance their home furnishings and never make the first payment. Purchases range from 500-9000

T. Augustus Claus
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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...
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1 Answer | Asked in Criminal Law for Alabama on
Q: Can gps information be used in a criminal case if it was not obtained with a warrant in al
T. Augustus Claus
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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...
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2 Answers | Asked in Criminal Law, Military Law and Wrongful Death for Alabama on
Q: I am not sure what kind of lawyer I need to talk to.

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

Aaron Mark Pack
Aaron Mark Pack
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...
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2 Answers | Asked in Criminal Law, Military Law and Wrongful Death for Alabama on
Q: I am not sure what kind of lawyer I need to talk to.

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

James L. Arrasmith
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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

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1 Answer | Asked in Criminal Law for Alabama on
Q: I missed court cause of family problems and my charge was eluding but I was the passenger and now I have a warrant

I tried contacting them no answer what should I do ?

Don Oliver Keene
Don Oliver Keene
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

2 Answers | Asked in Criminal Law, Civil Rights and Landlord - Tenant for Alabama on
Q: I live in apartment complex and my neighbor across from me keeps recording everything I do and turns it in

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

Don Oliver Keene
Don Oliver Keene
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

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1 Answer | Asked in Criminal Law for Alabama on
Q: Always wondered if you where charged with murder and then found innocent. They can't charge you again right

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

Don Oliver Keene
Don Oliver Keene
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...
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1 Answer | Asked in Criminal Law for Alabama on
Q: My husband was already on bond and got arrested with new charges and a bond was set for those charges but they revoked h

His bond , how can I get it reinstated

Travis T Juneau
Travis T Juneau
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

1 Answer | Asked in Criminal Law for Alabama on
Q: My husband graduated drug court in 2015. If he is charged again will the previous charges affect him
Travis T Juneau
Travis T Juneau
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

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Alabama on
Q: What is a certain issue

I was told my case needed investigation of certain issues

Travis T Juneau
Travis T Juneau
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

1 Answer | Asked in Criminal Law for Alabama on
Q: I was searched by two state troopers an no drugs recovers but I gave the drugs to ambulance guy in the back of ambulance

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

Travis T Juneau
Travis T Juneau
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

1 Answer | Asked in Criminal Law for Alabama on
Q: If I go to court on Elmore county charge and have a warrant for Millbrook City will I go to jail at court
Hayden Glass Sizemore
Hayden Glass Sizemore
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

1 Answer | Asked in Criminal Law for Alabama on
Q: Is it okay for a judge that used to be an attorney to hear someone's case that used to be that person's attorney

Drug possession criminal mischief

John Michael Frick
John Michael Frick
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."

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