Lawyers, Answer Questions  & Get Points Log In

Questions Answered by Samuel G McKerall

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 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.

Hire a...
Read 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 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 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 to do... Read 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 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...
Read more »

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 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 things or entities... Read 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 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 town.... Read 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 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...
Read more »

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 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... Read more »

View More Answers

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 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... Read 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 law, but it has... Read more »

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 Clerk opens the... Read 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... Read more »

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 and the... Read 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 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... Read 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 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...
Read more »

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... Read more »

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... Read 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... Read more »

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?

1 Answer | Asked in White Collar Crime, Estate Planning, Securities Law and Stockbroker Fraud for Alabama on

Q: I am looking for an atty, 1) admitted to federal court, to file a suit against a forensic accountant, I have the proof

I have paid for a forensic accounting by Frazier Deeter in GA, and they have discovered MALPRACTICE, & Gross Negligence on the part of the Forensic accountant. The accounting firm is in Alabama. The trustee and trust atty are in Alabama. I also allege that the trustee, has stolen (actutally, the... Read more »

Samuel G McKerall answered on Jan 13, 2018

I'm sure you can find an attorney who will consider taking your case, if you look hard enough and if your case has merit. An attorney can sue the accounting firm, the trustee and the trust attorney. He or she cannot file criminal charges, or even threaten to file criminal charges, and cannot sue... Read more »

1 Answer | Asked in Criminal Law for Alabama on

Q: Are polygraph tests admissible in court in lower Alabama and child abuse allegation cases

The polygraph was requested by the defendant he has not been arrested the investigation has not been turned over to the grand jury but the law enforcement States that the investigation is been concluded

Samuel G McKerall answered on Jan 13, 2018

Polygraph results are not generally admissible in any court in Alabama. They are not generally considered reliable evidence. Under certain rigid circumstances opposing parties may stipulate that polygraph results are admissible, but the judge has the discretion to allow or refuse the stipulated... Read more »

1 Answer | Asked in Civil Rights and Criminal Law for Alabama on

Q: Can I sue a city for ignoring pleas for help because of abuse by their employee ? Police Officer.

I am separated from my husband which is a police officer and I have begged his chief and the mayor for help to stop him and they sweep it under the rug,They know he does it on duty,uses their car and leaves the city to chase me,he has been arrested for domestic violence and still has his job and... Read more »

Samuel G McKerall answered on Jan 12, 2018

You are not the first person to face this problem, and you will not be the last. However, assuming that the facts are as you say, a good, aggressive plaintiff's lawyer stands a good chance of filing suit and winning and getting you meaningful relief and damages. Naturally, these kinds of cases are... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Alabama on

Q: Can someone steal your land by illegally placing a trail or home on the land?

Samuel G McKerall answered on Dec 23, 2017

It depends on the length of time the trailer has been there and on the presence or absence and nature of any communications between the landowner and the owner of the trailer. Here's the principle involved:

Adverse possession, sometimes colloquially described as "squatter's rights",[a] is...
Read more »

1 Answer | Asked in Real Estate Law for Alabama on

Q: My husband purchased our house before he and I got married. His mother lived with him, and he put her name on the deed.

He wanted to insure that she had a place to live, should something happen to him. Now, she has late stage Alzheimer's, and is living with his sister. He and I want to sell the house and relocate. Is it possible to do so, without her signing off? Her name was never on the loan for the house.

Samuel G McKerall answered on Dec 20, 2017

If your husband's mother's name is on the deed, then the house cannot be sold without her signature. To make matters worse, her signature on the deed would not be valid anyway, because she is of unsound mind and is incapable of entering into legal transactions. Someone would have to act for her,... 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.