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Questions Answered by Travis T Juneau
1 Answer | Asked in Consumer Law, Contracts, Criminal Law and Civil Rights for Alabama on
Q: It has been raining in my apartment due to storm damage over a year. Where can I get help with a matter like this?

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... Read more »

Travis T Juneau
Travis T Juneau answered on Sep 16, 2021

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.... Read more »

1 Answer | Asked in Criminal Law for Alabama on
Q: In the case of someone being on probation: If they go to jail for a new charge and the probation officer violates them.

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... Read more »

Travis T Juneau
Travis T Juneau answered on Sep 16, 2021

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.

1 Answer | Asked in Criminal Law for Alabama on
Q: My bf is on supervised prob in 2 counties in AL & its killing him financially. Possible to "combine" payments/reporting?
Travis T Juneau
Travis T Juneau answered on Aug 25, 2021

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... Read more »

1 Answer | Asked in Criminal Law and Sexual Harassment for Alabama on
Q: Will my child be required to testify in court in a sexual abuse case he is 4. He did an interview with dhr.
Travis T Juneau
Travis T Juneau answered on Apr 26, 2021

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 »

2 Answers | Asked in Divorce for Alabama on
Q: Can I go to the courthouse and file a legal separation without spouse knowing??
Travis T Juneau
Travis T Juneau answered on Nov 10, 2020

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.

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1 Answer | Asked in Criminal Law for Alabama on
Q: Theft of property in the second degree, does it include unemployment benefits that a person received an overpayment

If the state claims were obtained fraudulently by deception

Travis T Juneau
Travis T Juneau answered on Nov 8, 2020

Yes, if the amount is 1500 or above pr bellow 2500 dollars.

1 Answer | Asked in Criminal Law for Alabama on
Q: If someone accuses you of theft can the sheriff issue a warrant without interviewing me

My grandmother's possessions where being divided up and I had permission and a key from family. They accused me of stealing the things I took with me

Travis T Juneau
Travis T Juneau answered on Nov 6, 2020

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.

1 Answer | Asked in Criminal Law and Municipal Law for Alabama on
Q: Can a investigator legally keep your gun out of the evidence room

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 »

Travis T Juneau
Travis T Juneau answered on Oct 29, 2020

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 »

1 Answer | Asked in Criminal Law for Alabama on
Q: Is the date on video that a ci wore to buy drugs important to case. Or does it not matter?

Case from 2016 is what the police have in writing on reports and discovery but the video timestamp show a 2009 date.

Travis T Juneau
Travis T Juneau answered on Oct 25, 2020

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.

1 Answer | Asked in Criminal Law and Child Custody for Alabama on
Q: 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,

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 »

Travis T Juneau
Travis T Juneau answered on Oct 22, 2020

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 »

1 Answer | Asked in Criminal Law for Alabama on
Q: hey, I was wondering, is it ok for one to voluntarily serve as their neighborhood's armed private security guard?
Travis T Juneau
Travis T Juneau answered on Oct 2, 2020

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 »

2 Answers | Asked in Criminal Law for Alabama on
Q: Charged with Burglary 3rd at 16 years old...

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 »

Travis T Juneau
Travis T Juneau answered on Sep 11, 2020

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 »

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2 Answers | Asked in Criminal Law for Alabama on
Q: I took a product worth $295 from my employer. I put it in a buggy n walked out. What is the crime in alabama?

I later returned the product for a refund.

Travis T Juneau
Travis T Juneau answered on Sep 4, 2020

Theft of property 4th degree unless the item was a firearm or prescription medication.

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1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Alabama on
Q: Is the conviction of Possession of burglar's tools eligible for expungement if the sentence was a fine?

the tools were handy man tools of a black handy man stopped by police

Travis T Juneau
Travis T Juneau answered on Aug 20, 2020

This entirely depends on what you mean by sentence, if the case was dismissed upon payment of a fine or court costs then maybe. If he was convicted and then a fine imposed the answer is no.

1 Answer | Asked in Criminal Law and Domestic Violence for Alabama on
Q: criminal law case if a planiff is in jail on a felony charge can my lawyer ask the judge for a dismissal with prejudice?

In my case as a defindent on the grounds she as no rights no more to pursue charges on me because she in jail.. Yes or no?

Travis T Juneau
Travis T Juneau answered on Jul 28, 2020

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 »

1 Answer | Asked in Criminal Law for Alabama on
Q: Is there anyway a person could get another chance on his community corrections violations for failing drug tests

He got out of prison on a appeal almost 2 years ago and recently had a relapse and started using occasional is there a chance to get him some help

Travis T Juneau
Travis T Juneau answered on Jul 21, 2020

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 »

1 Answer | Asked in Criminal Law and Traffic Tickets for Alabama on
Q: Can a Magistrate use a defendant's drivers history citing violations in other jurisdictions to set bond on a case?

The defendant has never had a case in this small municipal court. Has no open cases anywhere else. Has FTA from 10 years ago in another jurisdiction.

Travis T Juneau
Travis T Juneau answered on Jul 10, 2020

Yes.

1 Answer | Asked in Divorce and Child Custody for Alabama on
Q: My wife told me she wanted a divorce recently, we've been married less than a year, but have 2 daughters together.

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 »

Travis T Juneau
Travis T Juneau answered on Jul 1, 2020

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 »

2 Answers | Asked in DUI / DWI for Alabama on
Q: Reiceived first dui in AL, bac was .084, in jail 5 hrs, have my DL, could I possibly get it dismissed? Do I plead guilty

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 »

Travis T Juneau
Travis T Juneau answered on Jul 1, 2020

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.

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3 Answers | Asked in Child Custody, Divorce and Family Law for Alabama on
Q: My wife cheated on me twice with the same person. I want a divorce but not sure what the out come would be.

We have 2 children ages 5 and 13 I don't want to lose them

Travis T Juneau
Travis T Juneau answered on Jun 30, 2020

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 »

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