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Questions Answered by Samuel G McKerall
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
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
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... 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
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...
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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
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... Read more »

1 Answer | Asked in Criminal Law, Traffic Tickets and Civil Rights for Alabama on
Q: IF I have marijuana in my car and I get stopped by the cops and I give no suspicion but they ask to search and I say no

... and I say no to the search and they bring the dogs out and the dog finds it is that evidence in court ?

Samuel G McKerall
Samuel G McKerall answered on Dec 17, 2017

The answer depends on the reason the officers state was the reason they pulled you over. IF, and that's a big IF, the officers had no legitimate reason for the stop AND IF they admit that, the marijuana they seized should not be admitted into evidence against you. If, on the other hand, the... Read more »

1 Answer | Asked in Real Estate Law and Tax Law for Alabama on
Q: If you signed a quit deed on property in 2010 can a tax foreclosure be held against you now in 2017.
Samuel G McKerall
Samuel G McKerall answered on Dec 17, 2017

It shouldn't but it might. The only way to tell if it did is to examine your credit report from all three major credit reporting companies. If it shows on there you should submit a written explanation to the credit agencies. They have to place it in your file. Will they place it in your... Read more »

1 Answer | Asked in Real Estate Law for Alabama on
Q: Can a co-owner of a property relinquish their rights to a third party?
Samuel G McKerall
Samuel G McKerall answered on Dec 15, 2017

Sure. The co-owner just signs a deed of his or her rights in the property, whatever they are, to the third party, who should then record the deed in the county in which the property is located.

WARNING: I am not your lawyer and providing you with the generic information, definition,...
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1 Answer | Asked in Civil Litigation, Civil Rights, Landlord - Tenant and Libel & Slander for Alabama on
Q: I'm renting a home on a month to month leases. I have rented property 3 months, & rent & water was drafted each week.

The Landlord sold property out from under me,&had said that I could buy the property & home ,having first choice of buying. The Landlord has made things inhabitable&unsanitary by cutting off the water. I dont know if property has sold or not, because Landlord has lied & mislead me... Read more »

Samuel G McKerall
Samuel G McKerall answered on Dec 11, 2017

The standard drill would be for me to tell you to hire a lawyer but I can tell you can't afford one. We do have legal aid in some counties in Alabama, but with your response due tomorrow (well, today, now - Tuesday) you don't have time to go to them to see if you qualify.... Read more »

1 Answer | Asked in Criminal Law for Alabama on
Q: If my attorney is a no show for my trial what is my next step?

It's a criminal case .trial starts today at 1 pm my attorney has not returned any attempted communication and I'm a bit as to what my options are and what the court will do?

Samuel G McKerall
Samuel G McKerall answered on Dec 7, 2017

You have not provided enough information to permit an answer. Has this happened or are you afraid that it might happen? If it has happened, what did the judge do? An attorney failing to appear in court is a very serious matter. There either is or is not a legitimate reason for his or her... Read more »

1 Answer | Asked in Real Estate Law for Alabama on
Q: I have been paying property taxes on heir property for 5 years in Alabama. Property is in a rural area.

No other heirs contribute to the taxes. Can I legally claim property after s specific number of years.

Samuel G McKerall
Samuel G McKerall answered on Dec 3, 2017

No, you can't. A joint owner who pays taxes on jointly owned property does so on behalf of himself and his co-owners. Your only remedy is to hire a competent real estate trial lawyer to file a suit for partition under the provisions of sections 35-6-20 through 35-6-66 Code of Alabama 1975.... Read more »

1 Answer | Asked in Real Estate Law for Alabama on
Q: Ex girlfriend sold my trailer.. But it's in my moms name.. It's on my uncles land.. Now they moved in!

The girl that "sold" it let them pay her in narcotics for starters and then she wrote a receipt as if they paid her the actual money. I was unaware untill I kicked the girlfriend out then the "buyer" showed up. (Over 6months later) said they bought it and moved in.. The... Read more »

Samuel G McKerall
Samuel G McKerall answered on Nov 20, 2017

You haven't given enough specific facts to permit a specific answer. For example, we don't know who owns the land the trailer is located on, and we don't know exactly what the paper says that your ex-girlfriend gave them and we don't know whether you or your parents still have... Read more »

1 Answer | Asked in Stockbroker Fraud for Alabama on
Q: This is my first felonie I got a breaking nd entering motor vehicle ND theft of property third will I get pob a finetime
Samuel G McKerall
Samuel G McKerall answered on Nov 8, 2017

There's no way to provide an answer to this without a lot more information.

This is coming up as a "broker fraud" question. I'm moving it to criminal law.

1 Answer | Asked in Estate Planning and Real Estate Law for Alabama on
Q: Question on ALABAMA REAL ESTATE and HEIRS ESTATE DISCLAIMER

I am one heir to our mothers estate who died 11/11/2015. As I understand a previous post, Alabama real estate automatically passes to the heirs after 2 years which is close approaching. The estate is still in probate; real estate has not been sold which is the primary asset in the estate. I would... Read more »

Samuel G McKerall
Samuel G McKerall answered on Nov 3, 2017

What you need is a real flesh and blood lawyer, and not an anonymous internet board. While we love to help people, your problem has too many moving parts. You do have only 9 months to file a disclaimer as to inherited real estate. There is no two year automatic transfer rule. Real estate passes... Read more »

2 Answers | Asked in Criminal Law and Domestic Violence for Alabama on
Q: In Alabama can two people be charged for domestic violence by strangulation a month apart for the same incident?

My son was arrested for domestic violence by strangulation in alabama, when he went back a month later trying to file charges on his wife for domestic violence by strangulation the sheriff's deputy refused to write a report even though he had proof and they knew she was guilty because she had... Read more »

Samuel G McKerall
Samuel G McKerall answered on Nov 3, 2017

Some judges, Clerks and law enforcement offices read the law as though it prohibits a person from filing a retaliatory domestic violence case. Others do not. There is a difference of opinion, and I don't know whether one of our appellate courts has answered the question. It is my opinion... Read more »

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1 Answer | Asked in Criminal Law for Alabama on
Q: I got 3-5 years in prison for stealing a $40 video game out of an unlocked car. Is that fair?
Samuel G McKerall
Samuel G McKerall answered on Oct 1, 2017

Just offhand, it doesn't sound fair, but you haven't provided enough details to enable anyone to answer your question. All we could do would be to guess at what factors might have influenced your sentence.

WARNING: I am not your lawyer and providing you with the generic...
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1 Answer | Asked in Real Estate Law for Alabama on
Q: If an offer is made on property in writing, is it binding, or can you back out on it?

Or can the seller accept another offer made after yours?

Samuel G McKerall
Samuel G McKerall answered on Sep 28, 2017

In answer to the first question, yes, the person who made the offer can back out so long as the owner has not accepted the offer, in writing, Before acceptance, the offer can be withdrawn at any time, for any reason, or for no reason.

The second question is slightly more difficult. The...
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1 Answer | Asked in Civil Litigation and Real Estate Law for Alabama on
Q: Private road that runs over several others private property. Files and laws

Can an individual forcefully apply red clay to the private property private road without approval then sue the individuals for money to pay back for red clay?

Samuel G McKerall
Samuel G McKerall answered on Sep 28, 2017

No, unless they asked him to do it, in which case the answer would be yes. Well, actually, anybody can sue anybody, but if no one asked him to do it and he sues anyway he will lose.

WARNING: I am not your lawyer and providing you with the generic information, definition, clarification or...
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1 Answer | Asked in Real Estate Law for Alabama on
Q: How can I get a second HUD lien removed from a foreclosed property purchased at auction?
Samuel G McKerall
Samuel G McKerall answered on Sep 28, 2017

That's easy. Foreclosure cuts off all prior liens, except tax liens, unless the IRS is notified in advance of the foreclosure in the special way they require, and then they will be cut off as well. No one can remove liens from the Probate records, they are there forever, but the foreclosure... Read more »

1 Answer | Asked in Criminal Law for Alabama on
Q: How long can a jail hold an inmate on an out of state warrent

They had him on a misdemeanor and found out Ms had a warrent on him so there holding him for them but I'm being told 10 different things about how long they can hold him before they have to release him since the judge released him on his charges he got here

Samuel G McKerall
Samuel G McKerall answered on Sep 23, 2017

This is kind of a weird area of criminal practice. Its not a question of law. Its a question of bureaucratic policy and procedure. The jail, which is run by the sheriff, will hold him and tell Mississippi they have him. They expect Mississippi to come and get him. If Mississippi doesn't... Read more »

2 Answers | Asked in Real Estate Law for Alabama on
Q: Can husband sell a house without his wife signature. Both names are on the house deed. The house is not homestead.

Thank you

Samuel G McKerall
Samuel G McKerall answered on Sep 22, 2017

No, he can't. Both signatures will be required to convey title to the new owner.

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....
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