Now that your husband's bond has been revoked by court order, there are only two ways for him to be eligible to make bond in the new case 1) a new court order reinstating his bond would make him eligible for release or 2) the older case gets resolved thus taking him off bond in that case. The...View More
It will affect a new charge but will not be counted as a prior conviction if the drug court charges are dismissed. The prosecutors will consider it, and the fact that he has been through drug court in the past may limit your husband's options. Still, if he is found guilty of the new offenses,...View More
A "certain issue" is another way of saying that there are red flags in your case that someone noticed that need to be explored further. It is the generic term for a discrepancy in the facts or a legal issue that needs to be answered before someone, likely your attorney, feels comfortable...View More
I had the drugs o my nuts he acted like he was gone get rid of them or I would have just dumped it in the hospital room bathroom I faked the home event to get rid i f the drugs he gave it to them at hospital an they charged me with it .. that ain't legal right
If I understand your story correctly, you faked an injury so that you would be taken to the hospital so that officers, who were searching your car, would not find the drugs that were hidden in your trousers. In the ambulance, you gave the drugs to the paramedic, who, in turn, gave them to the...View More
The short answer is yes, both can be charged with one quantity of narcotics even if one claims the narcotics as their own. Under the rules on "constructive possession" a person needs only to have knowledge and an intent to exert dominion or control over the narcotics to be convicted of...View More
He calls, texts, and has sent things to my job. After being told not too. Im starting fear for my safety. He has incriminating text and pictures that support the affair but I also have text and emails asking him to stop contacting me.
You may want to take a look at the crime of Stalking Second Degree, which states, in the relevant part, that if a person intentionally acts with an improper purpose, repeatedly harassed, telephoned, or initiated communication with another person and caused that person to reasonably fear for that...View More
It sounds like what you are looking for is either 1) a pardon or 2) expungement. The ability to have your record "wiped" depends on if you were convicted or not and what the charges were. Not all drug charges can be expunged. If you are looking to have your record sealed then I suggest...View More
I'm sorry to have to say this but, it depends. Jurisdiction of a county office doesn't immediately end at the county line. There is an area of concurrent jurisdiction. This means that there is a buffer zone where the counties meet in which officers from both counties are well within their...View More
Expungement may be possible but is dependent on when he was "acquitted," how the case was handled, and what he was accused of. There are different rules for felonies, misdemeanors, and traffic violations. As of 2021, most charges that did NOT result in a conviction can be expunged. He...View More
The chain of evidence relates to who had custody of an item or piece of evidence when to ensure it is preserved in an unaltered state for introduction at trial. Most felony reports will include a chain of evidence for key pieces but, not always. Further, a break in the chain does not inherently...View More
This is what is in my divorce says: Real Property: The Plaintiff shall be awarded the real estate located at: 3524 Alexandria Wellington Road, Alexandria, Alabama 36250. The Defendant has relinquished all right, title, and interest in said real estate by execution of a quitclaim deed filed... View More
The main question I have is what does your divorce say about the debts related to the property. Traditionally there is a provision either attached to or directly after the portion you cited, that states that the Plaintiff (the person awarded ownership of the property) is responsible for all debts...View More
My oldest turned 19 & my youngest is 16. When my son turned 19 their father cut child support from $400 for 2 & then started paying $200. There was no discussion or anything. I just started receiving 1/2 of the payment. I was just wondering if that is the way it is suppose to be done or if... View More
It will not "drop" automatically, but it does give you grounds to request a modification and have child support recalculated for the one child. Until a modification is ordered, the amount you are ordered to pay and you are responsible for will remain the same.
I (we) have reached out to many people about this. Other tenants have been to the mayor ,sheriff and health department as a group. No one will come. Not even a bad area. We are right beside an elementary school. The Health Department wont come just this week after a year of calling did I finally... View More
If your apartment is uninhabitable and you have made the landlord aware and the landlord has failed to improve conditions and make the home habitable then you are allowed to break the lease and move. If you get sued by your former landlord for breaking the lease you will have a recognized defense....View More
The file is then sent back to the original court and they file a warrant for their arrest. (Warrants filed expire at the end of every year & have to be refiled in the new year). The warrant was filed October 2017 & was never refiled after that. He was arrested in December 2020 on that... View More
Warrants do not expire in Alabama. In fact, I don't know of a jurisdiction where warrants do expire. If a warrant was issued for his arrest it will remain outstanding until the warrant is served via arrest. Warrants can be defective but, age alone does not make a warrant defective.
He should be able to combine supervision with whichever county he is living in if he is on state-supervised probation. However, the payments of court costs, restitution, fines, and fees will have to go to the sentencing court. He needs to talk to his probation officer and have supervision...View More
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...View 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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.