Children under 12 do not have to testify in sexual offense criminal cases see Section 15-25-31 of the Code or Alabama. It says "An out-of-court statement made by a child under 12 years of age at the time the statement is made concerning an act that is a material element of any crime involving...Read more »
You can file it without them knowing but, they will quickly know whats going on when they are served. Inorder for the case to go forward they will need to be served. It is not recommended that you file without talking to your spouse first.
If your question is whether or not a warrant may be issued without interviewing you, the answer is yes. If your question deals with the specific facts of your case you will need to contact a criminal defense attorney in your local area.
My wife got arrested last year the lady over the evidence room was going to give me my gun back and she said the investigator has the kind I contacted the investigator and he said the only way I could get my gun back is if she turns in names how is he legally able to keep that gun out of the... Read more »
The police are allowed to keep the firearm for evidentiary reasons, meaning it is evidence in a crime until that case is concluded. A case is not concluded until the person is found either A) not guilty or B) all appeals have been exhausted. If the person is convicted, I would anticipate that the...Read more »
It isn't useless information, it would be about the 10th or 11th most important thing I'd say during a trial. But, this isn't the smoking gun that get you off the hook if the video is otherwise good: meaning that it is clearly you and its obvious that your selling drugs on the video.
I am 19 years old, my stepfather molested me when I was 14 years old,my mother was pregnant with my 6 year old sister,we moved away from him,my mother suffered violence, also him in jail 1 month for domestic violence, I never reported him to the police because,I am very afraid of it. my little... Read more »
The brief answer is yes, you can file a police report against him and the crime should be investigated. Alabama has no statute of limitations on sex offenses involving a child under 16, which means that your case could still be prosecuted. See Ala. Code Section 15-3-5. The more quickly you report...Read more »
To directly address your question, it depends. It depends on a multitude of factors that primarily relate to will the person be in lawful possession of the firearm. Alabama law allows for persons to carry firearms lawfully if certain requirements are met, for example, if the firearm is concealed...Read more »
My 16 year old son acted dumb and entered a school that had been shut down for years and ended up being caught while walking out of the school. My son and 1 other boy were arrested and charged with Burglary 3rd. The other boy stole a half of a pack of printer paper, a used box of crayons, and a... Read more »
Unfortunately, the intent to steal need not be formed when they entered the building; the law says entered or REMAINED UNLAWFULLY THEREIN thus if they were unlawfully in the school when the intent to commit theft was formed it counts as burglary. Notably, your son would have had to agree to the...Read more »
If I'm understanding your question correctly, no. Just because a complaining witness is in jail, the state doesn't have to dismiss the charge against you. In fact, he being in jail makes the state's job easier as they know where she is and can easily bring her to court to testify...Read more »
Yes, this is up to the judge of course. But, in my experience, a skilled negotiator may be able to get the client in to a drug treatment facility in lieu of prison or a jail sanction. There are a number of factors to consider, such as the nature of the conviction, the clients record of compliance...Read more »
Her agreement proposed to me for custody only lets me have the kids 6 days a month. I want joint custody. I found out very recently and can prove infidelity starting 2 months into the marriage and a week vacation she took to shack up with the guy, and lied to me and the girls. Wondering if I should... Read more »
I'm going to try to distill the question down to its essence, you and your wife of a year want to be divorced, you have two children together, she has been cheating on you for at least the past 10 months and you want to ensure a fair custody. You have a good number of options in front of you,...Read more »
No criminal history at all, was not intoxicated. Blew a .084 both times he tested me in the field and was under the legal limit at the jail. They held me for 5hrs and I was released with my DL. I need my drivers license for work to make a living. Is there any way I can get this dismissed and not on... Read more »
DUI charges are very complex to defend. You may be eligible for pretrial diversion, but that will depend on your DA's office policies and if you have a Commercial Driver's License, CDL. If you really need to save your license, you should get an attorney involved as soon as possible.
In any divorce where child custody is an issue, the behavior of the adults is an important factor in who has primary custody over the children. The question you must ask yourself is, is a divorce something you really want? Is your wife willing to work on your marriage and stop cheating? It sounds...Read more »
This depends greatly on the jurisdiction and status of the case; most (if not all) municipal courts will not have warrants available on line and not all warrants are available before they are served. If the warrant was issued for a District or Circuit Court case, the warrant may be available in the...Read more »
Being a class B felony, Escape 1st carries a sentence of 2 to 20 years for a first offense. If the convicted has any prior convictions for class A, B, or C felonies, the State could invoke the Habitual Offender Act and the range of punishment would change accordingly. However, a sentence of less...Read more »
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