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?
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 »
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
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 »
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.
Yes.
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.
We have 2 children ages 5 and 13 I don't want to lose them
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 »
In Alabama
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 »
Alabama Rules of Criminal Procedure 7.3(b)(5)
Like many things in the law, it depends. In most situations, I would say no. But, because it depends, you need to talk to a lawyer in your area.
I had just arrived at my home. Parked my car, locked it and had gotten out of the vehicle when an officer proceeded to come onto my property and forced me to take a breathalyzer. This is my first offense for a misdemeanor DUI.
If there has never been a youthful offender determination, that is no judge has ever denied youthful offender in this case, yes you can apply for and will likely get youthful offender for this case.
Once above program is paid will I only have to pay restitution? Or will I have to continue paying the monthly supervision fee, and drug screening fee?
Yes, you still need to report to the probation officer you are assigned to and continue to drug screen as well as comply with the all the other aspects of the program until you graduate the program and are told by the court that you are done.
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.
To directly answer your question, probably not. But, you could. As a non-guidelines offense the court could put you in prison without having to find an aggravating circumstance. Its vital that you contact an attorney, or contact your attorney if the court has appointed someone to represent you, and... Read more »
I don't want to have to pay for neither one. We both make around the same amount of money !
Birmingham, al.
The short answer, without knowing much more, is that you will pay child support unless you have primary custody of the child. Alimony, either periodic or alimony in gross depends on a number of factors thus, it is impossible to know if you will have to pay it or not without all of the specifics.... Read more »
He had gotten with another woman and then moved out and we haven't been together since. 5 years ago he took our son and moved to Massachusetts without telling me beforehand (i spent two weeks panicking not knowing where my son was), and was told by several people that since we were still... Read more »
I'm very sorry to hear about your situation. Abandonment and infadelity are grounds for divorce in Alabama. It sounds like you would need to hire a private investigator to help locate your son. But, if you exhaust your attempts to locate your husband, you could be able to serve your husband by... Read more »
my wife’s health condition. However he decided to fial charged before I could get it back. I went to retrieve the rifle and Bibb County Sheriffs department had already seized it and charges were fialed. He was well aware of what my intentions and I was completely honest about the whole... Read more »
The first thing you should do is figure out why your friend would involve the police if they knew of your plan all along. What was your friend's motivation for calling the police and reporting the gun stolen? Next, once you have that figured out, explain everything to your lawyer and take your... Read more »
in state he wants to take care of the probation Violation how does he go about taking care of it? As he is already facing time in federal he wants to get it all over and done with. So when he does get out he can be with his children and family.
There are numerous ways to take care of this issue. Everything from the U.S. Marshall service turning him over to the State to the State agreeing to dismiss the pending probation violation action. Much of the outcome depends on the attitude of your local prosecutors, the tenacity of his attorney to... Read more »
This is my second time I messed up my PO
The short answer is yes. Nothing in the law states that you have to go to prison. It is up to the Judge and what he/she thinks is necessary. But, just because you don't half to go to prison doesn't mean that you won't. The longer you stay in "escape status" (meaning that... Read more »
If client has repeatedly requested invoice and such was not provided until after the attorney received the clients settlement funds.
If I am understanding the question correctly, and please correct me if I'm wrong because this is based on a fair number of assumptions, 1) you hired an attorney for a divorce 2) you agreed to compensate said attorney at an hourly rate (contingency fees on divorce cases is barred by the Alabama... Read more »
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
This is not currently a question. Please update with more information about what you are wanting to know.
Thank you,
T
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