Questions Answered by Samuel G McKerall

Q: Traffic stop. Passenger ran. Left drugs in car. Charge poss. No. Traffic off. Now charging me w traffic off.

1 Answer | Asked in Criminal Law for Alabama on
Answered on Mar 4, 2019
Samuel G McKerall's answer
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 local lawyer who's familiar with whatever court you're in.

Q: My home was searched and property was seized while I was on vacation what do I do now that I'm home

1 Answer | Asked in Criminal Law for Alabama on
Answered on Jan 6, 2019
Samuel G McKerall's answer
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.

Q: Can a police officer pick a child up from school without parent permission to

1 Answer | Asked in Criminal Law for Alabama on
Answered on May 3, 2018
Samuel G McKerall's answer
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 with his duties as an officer of the law, then I'll venture a guess that he probably is not supposed to take the child anywhere. We will need to know more facts before we can hazard an answer....

Q: Age limit in Alabama that a child can be left unattended in a car for a little while.

1 Answer | Asked in Criminal Law for Alabama on
Answered on May 3, 2018
Samuel G McKerall's answer
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 matter on this anonymous forum does not make me your lawyer. By answering your question I am only trying to provide you with general information that will deepen your understanding of the legal concept...

Q: Does a HOA have the right to decide if I extend my driveway or not?

1 Answer | Asked in Contracts, Real Estate Law, Construction Law and Land Use & Zoning for Alabama on
Answered on May 2, 2018
Samuel G McKerall's answer
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 listed in the preceding sentence say you can't, then you probably can. The easiest way to find out the law part of it will be to check with your local building department and ask whether you will...

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

1 Answer | Asked in Federal Crimes and Criminal Law for Alabama on
Answered on Apr 19, 2018
Samuel G McKerall's answer
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. However, its a very serious state crime under Alabama law to have sex with someone who is underage. There are so many possible sex offenses this might be prosecuted under that's its not possible to...

Q: An underage (but of the age of consent) sent me a kinda suggestive picture, am I in trouble?

1 Answer | Asked in Federal Crimes, Internet Law, Juvenile Law and Sexual Harassment for Alabama on
Answered on Mar 30, 2018
Samuel G McKerall's answer
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 information that will deepen your understanding of the legal concept that appears to be an issue for you, that will hopefully guide you in selecting and communicating with a lawyer of your choosing. The...

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.

2 Answers | Asked in Divorce, Real Estate Law and Landlord - Tenant for Alabama on
Answered on Feb 17, 2018
Samuel G McKerall's answer
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 everything and get an informed opinion.

WARNING: I am not your lawyer and providing you with the generic information, definition, clarification or explanation you seek about a legal matter on...

Q: Stolen Automobile

1 Answer | Asked in Criminal Law and Juvenile Law for Alabama on
Answered on Feb 3, 2018
Samuel G McKerall's answer
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 car theft. Most likely he’ll only be found guilty of the misdemeanor offense known as “joyriding”, because he didn’t intend to steal it, his only intent was to borrow it. Furthermore, if...

Q: Need a copy of a criminal indictment, court clerk told me it is not a matter of public record. Is this true?

1 Answer | Asked in Criminal Law for Alabama on
Answered on Feb 2, 2018
Samuel G McKerall's answer
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 file. Once the file is opened and a case number assigned, everything in the file, including the indictment, is matter of public record and available to the public. This is America and that's the law....

Q: I am being charged with assault 3rd she wants me to pay for her hair being pulled. Can I get out of that?

1 Answer | Asked in Criminal Law for Alabama on
Answered on Jan 28, 2018
Samuel G McKerall's answer
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 prosecutors on your own. They will eat you alive.

Hire a competent local criminal defense lawyer. Its the only sound advice anyone can give you. Some lawyers will take credit cards, and some...

Q: if someone presses charges against me and I'm schedule for a bench trial concerning unauthorized use of vehiclr

1 Answer | Asked in Criminal Law for Alabama on
Answered on Jan 21, 2018
Samuel G McKerall's answer
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 some rare instances the prosecutor or the court might try to compel you to pay them. You would not be liable for the court costs and the court would just have to absorb them. Under the exact facts as...

Q: Is a felony attempt to elude charge and reckless endangerment charge in Alabama federal charges?

1 Answer | Asked in Criminal Law for Alabama on
Answered on Jan 20, 2018
Samuel G McKerall's answer
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 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...

Q: My aunt signed a contract stating she'd sell her interest in my grandmothers estate to me but refused payment.

1 Answer | Asked in Real Estate Law for Alabama on
Answered on Jan 20, 2018
Samuel G McKerall's answer
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 without seeing the contract and discussing with you the circumstances under which it was signed..

WARNING: I am not your lawyer and providing you with the generic information, definition,...

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

1 Answer | Asked in Criminal Law and Family Law for Alabama on
Answered on Jan 13, 2018
Samuel G McKerall's answer
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?

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

1 Answer | Asked in White Collar Crime, Estate Planning, Securities Law and Stockbroker Fraud for Alabama on
Answered on Jan 13, 2018
Samuel G McKerall's answer
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 the E&O carrier. If a person or company with E&O insurance is sued, they contact their E&O carrier, who may or may not step in and defend.

WARNING: I am not your lawyer and providing you...

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

1 Answer | Asked in Criminal Law for Alabama on
Answered on Jan 13, 2018
Samuel G McKerall's answer
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 evidence. That does not mean that state agencies and employers do not seek to use them occasionally, or that private opposing parties cannot use them by agreement outside of court, but no one can...

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

1 Answer | Asked in Civil Rights and Criminal Law for Alabama on
Answered on Jan 12, 2018
Samuel G McKerall's answer
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 not easy, but they are by no means impossible. Here's a hint: Look for a good, aggressive lawyer in an Alabama city and county other than your own. Some lawyers are reluctant to go up against...

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

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Alabama on
Answered on Dec 23, 2017
Samuel G McKerall's answer
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 a legal principle that applies when a person who does not have legal title to a piece of property—usually land (real property)—attempts to claim legal ownership based upon a history of possession...

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.

1 Answer | Asked in Real Estate Law for Alabama on
Answered on Dec 20, 2017
Samuel G McKerall's answer
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, and so (assuming that she has not given anyone her power of attorney) a court proceeding would have to be commenced in which the Court would appoint a local attorney as guardian of her interests....

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