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Questions Answered by William C. White II

1 Answer | Asked in Criminal Law for Alabama on

Q: 13a-12-212, If a person is in possession of multiple controlled substances, can they be charged a count for each c/s ?

example, I just arrested a person for Unlf. Poss of a controlled sub. During a lawful felony warrant arrest, I searched the subj. and found him to be in poss of suboxone and Adderall. According to our da's office in Mobile, he can can only be charged with 1 count. Why is that and is there any case... Read more »

William C. White II answered on Apr 2, 2018

This is correct. Alabama caselaw has held that you can only be charged once, even with different controlled substances.

1 Answer | Asked in Criminal Law for Alabama on

Q: DV 3RD I GOT MY GUN AND LOADED IT CAUSE SHE CALLED HER DAD BUT I NEVER THREATENED HIM JUST PROTECTION IS IT MENACING

Me and my wife had Been arquing She called her dad because he was gonna make me leave my home and I went got my gun loaded it and had it ready to protect my self in my pocket but he never showed up they arrested me and charged me with DV 3rd menacing as my wife as the victim. I never made any... Read more »

William C. White II answered on Apr 2, 2018

Based on the facts you presented, it sounds like you have a good defense to a menacing charge if you never pointed the loaded weapon at anyone, or threatened anyone with it.

1 Answer | Asked in Criminal Law for Alabama on

Q: What state don't extradite

William C. White II answered on Apr 2, 2018

I believe that all 50 states have various laws and agreements to extradite for felonies. A small minority of states do not extradite for misdemeanors.

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