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Questions Answered by Kyle D Pierce
1 Answer | Asked in Criminal Law for Alabama on
Q: Can you use adjudication withheld or a pre-trial intervention program in an obscene materials case?

First offense. Charges with obscene material. if the prosecutor will not drop the charges can I exhaust other options such as those listed above?

Kyle D Pierce
Kyle D Pierce answered on Jun 8, 2020

A criminal lawyer can definitely argue to attempt to persuade the prosecutor to allow PTI/PTD. That’s not an argument that you should make yourself. Get a lawyer and quickly.

2 Answers | Asked in Federal Crimes, Criminal Law and Cannabis & Marijuana Law for Alabama on
Q: Will I go to prison for a class c felony of chemical endangerment of a child for a first time offense ever in my life.

I have been charged with possession of paraphernalia, possession of marijuana and a class c felony of chemical endangerment of a child due to having bongs and pipes and marijuana.

Kyle D Pierce
Kyle D Pierce answered on May 29, 2020

Probably not, but you certainly could. You need to immediately retain a criminal lawyer.

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1 Answer | Asked in Criminal Law for Alabama on
Q: Is it possible to file to dismiss a case that I’ve almost completed probation on because of several screw ups

My court appointed drug testing and classes are done by a girl I went to school with and she refused to see me for over a year now also my lawyer hasn’t been in court and many other mess ups on the courts part

Kyle D Pierce
Kyle D Pierce answered on Apr 10, 2020

If you’ve pled out already, the case is likely over, if it is a misdemeanor. If this is a major crime, there might be Rule 32 Relief available. To get to the bottom of that, you’d need to retain a criminal defense lawyer that can more easily go over the facts than we can be done on this forum.

2 Answers | Asked in Criminal Law for Alabama on
Q: person has had a felony warrant issued by the state of Al for 80000 worth of stolen property from a store?

But wouldn't have done it if he wasn't in a active addiction and has been wanting to go in to a long term rehabilitation Facility 9 months to 1 year

Kyle D Pierce
Kyle D Pierce answered on Apr 3, 2020

Then, based on their history, there may be diversion programs available that would allow them to complete cases to have the case dismissed, but you should contact and hire a criminal lawyer immediately

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1 Answer | Asked in Criminal Law for Alabama on
Q: I have a paper signed and dated by the former director of ccp in Lawrence county and an inmate, with the EOS date

6-06-18 was the date. A warrant was issued after that and she has been in jail since January 28, also doesn't owe restitution or fines

Kyle D Pierce
Kyle D Pierce answered on Mar 31, 2020

That’s far outside the scope of any help that can be provided on a forum like this. A criminal lawyer can help you unmuddy those waters.

Generally, it seems like there is some other charge holding him.

1 Answer | Asked in Criminal Law for Alabama on
Q: My step son had a armed robbery warrant for his arrest. On 10-28-2019 the police busted down my door and searched my

home. My step son was here but does not live here. When they finally showed us the warrent The search warrant was for his address and the description of the trailer was not my trailer, but they searched my house and seized all my firearms. (I got those back 3 months later.) When they were told they... Read more »

Kyle D Pierce
Kyle D Pierce answered on Mar 31, 2020

If the warrant was for another house, then the evidence may be able to be suppressed. You need to hire a lawyer for your case quickly.

3 Answers | Asked in Criminal Law and Domestic Violence for Alabama on
Q: Can I get a restraining order?

During the COVID 19 outbreak my older sister and I have kept our parents isolated in their home, taking them things as they need and interacting with them from a distance. I called my mom Friday to see what she was doing, and my younger sister, who has been going to work everyday, blew our... Read more »

Kyle D Pierce
Kyle D Pierce answered on Mar 31, 2020

This is more of an Elder Law question than Criminal Law. However, you may be able to get an Protection Order in those circumstances, but I’d need to know more about your Mom’s condition.

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1 Answer | Asked in Criminal Law for Alabama on
Q: What normally happens to someone that’s charged with theft in the fourth degree (shoplifting) also have a clean record.

I’m 20years old with a clean record and have been charged with theft in the fourth degree (shoplifting) under $500 and I was wondering if it’s likely for me to be put back in jail when I have court.

Kyle D Pierce
Kyle D Pierce answered on Mar 5, 2020

It sounds like you’re a good candidate for a pre-trial intervention program which would result in a dismissal of the case, following your completion of a program. However, I would strongly suggest you retain counsel, and quick, to get somebody to help you navigate the issues. I’d be happy to... Read more »

1 Answer | Asked in Criminal Law for Alabama on
Q: Why is it punishable to a person that has no knowledge of a crime that's about to happen and is being charged the same

as the one who committed the

the crime?

What Law is that called in Alabama?

Kyle D Pierce
Kyle D Pierce answered on Mar 5, 2020

I would need to know a lot more about your circumstances and the facts at hand to adequately answer your question. If you have been charged with a crime, my strong advise is to retain counsel immediately to help you navigate the issues involved. I would be happy to talk with you about whether I... Read more »

1 Answer | Asked in Criminal Law for Alabama on
Q: Can you get youthful offender for a robbery 1 and attempted murder charge
Kyle D Pierce
Kyle D Pierce answered on Mar 4, 2020

Yes - it is certainly possible. You need to retain counsel, and quick.

1 Answer | Asked in Criminal Law and Domestic Violence for Alabama on
Q: Was assaulted by my 25 yo daughter in my home

I was taken to jail and charged with Domestic Violence 3rd degree, I have bruises from my wrist to shoulders both arms, she had nothing. Her boyfriend called from another county 911 and reported it, he wasn’t even here? How did I get arrested? Never been to jail or arrested I’m 46 years old and... Read more »

Kyle D Pierce
Kyle D Pierce answered on Feb 29, 2020

It sounds like you definitely need to consult with a criminal defense lawyer. I, or a lot of other folks on this site, would be happy to talk with you.

1 Answer | Asked in Criminal Law for Alabama on
Q: Can I get a gun permit .. if I was arrested for first degree robbery.. but charges were dropped and never convicted
Kyle D Pierce
Kyle D Pierce answered on Feb 29, 2020

I’d consider getting an expungement of the charge, if it was dropped, so it will be completely off your record. However, if you were not convicted, it won’t effect your ability to get a carry permit.

1 Answer | Asked in Criminal Law for Alabama on
Q: I would like to know about search and seizure in a vehicle in AL. I got pulled over for speeding, then arrested for FTA.

After being arrested, they allowed my friend who was present in the vehicle drive it home. They said they had to do a inventory list. They went inside my purse, which had a makeup bag. They went inside my purse, opened my makeup and got me with Possession and paraphernalia. I don’t understand how... Read more »

Kyle D Pierce
Kyle D Pierce answered on Feb 27, 2020

I would need to know more information regarding how the stop happened and how long you were detained to thoroughly answer that, but, like any felony criminal case, it is always important to review every option when preparing a case plan.

1 Answer | Asked in Criminal Law for Alabama on
Q: if you make a video and say someone's name is your killer if you die does that person go to jail

if someone makes a video and says someone's name will be the person if something was to happen to them would that person automatically be arrested for it

Kyle D Pierce
Kyle D Pierce answered on Feb 23, 2020

Doubtful

1 Answer | Asked in Contracts, Criminal Law and Civil Litigation for Alabama on
Q: What recourses do I have?

I had a written signed contract for specific items in exchange for yard work w/ time frames for completion. Instead of doing work, they took the items, broke into the property, took additional items destroying/damaging others. Amount taken is upwards of 60k including vehicle, major appliances,... Read more »

Kyle D Pierce
Kyle D Pierce answered on Feb 20, 2020

A contract would’nt have anything to do with the criminal case. You likely have a civil action for breach of contract too.

1 Answer | Asked in Criminal Law and Domestic Violence for Alabama on
Q: whats the process after being indictded by the grand jury
Kyle D Pierce
Kyle D Pierce answered on Feb 13, 2020

You case will likely be set for an Arraignment, Pre-Trial/Plea Docket, then, if not yet resolved, a Jury Trial. However, every case can be different, so your best bet is to retain counsel as soon as possible.

1 Answer | Asked in Criminal Law for Alabama on
Q: I would like to know approximately how much would the fine be for 4th degree theft of property
Kyle D Pierce
Kyle D Pierce answered on Feb 13, 2020

It would depend on your criminal history and whether you qualify for a deferred prosecution program that would let you keep it off your record. I, or any, criminal defense lawyer could provide you with the next steps in a full consultation.

1 Answer | Asked in Criminal Law for Alabama on
Q: Are ordinance violations considered misdemeanors in Alabama?

It is my understanding that Alabama state misdemeanor laws can be adopted as city ordinances, in which case those may be considered misdemeanors. Is this also the case in the instance of a municipality creating their own brand new ordinance, or are these considered crimes different than a... Read more »

Kyle D Pierce
Kyle D Pierce answered on Feb 12, 2020

That depends on the specific crime or violation that you're talking about. A city could create either ordinance violations or misdemeanors.

1 Answer | Asked in Criminal Law for Alabama on
Q: How can I find something showing i was indited on line by the grand jury

What dates grandjury met in blount county last year

Kyle D Pierce
Kyle D Pierce answered on Feb 12, 2020

I'm not sure what you mean. If you have been indicted by the Grand Jury, you should receive a copy of your indictment and a "CC" case number to show that your case has been moved to Circuit Criminal court. Any criminal defense attorney that you wish to retain can help you determine... Read more »

1 Answer | Asked in Criminal Law for Alabama on
Q: i have 4 adult felonies 2 class c 1 class b an 1 class a. An now a class d an c felony charge what is my range of punish
Kyle D Pierce
Kyle D Pierce answered on Feb 10, 2020

I would need more information, like juvenile issues and any possible revocations, before I could calculate your Sentencing Guidelines. I, or any criminal defense lawyer that you'd like to retain, would be happy to be that as part of the process to begin representing you.

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