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Questions Answered by Nelson Craig Johnson
1 Answer | Asked in Criminal Law and Personal Injury for Alabama on
Q: My son is in jail and he's been treated terribly while there what can I do. I have all of the documents that's needed

The information that's needed i can provide to show what has taken place

Nelson Craig Johnson
Nelson Craig Johnson answered on Sep 16, 2021

You should reach out to an attorney and discuss the specific actions that you believe the Jail has done wrong. This question is really to general to provide any substantive response.

1 Answer | Asked in Animal / Dog Law for Alabama on
Q: I have a dog I posted signs on my front porch Beware of dog a lady ignores the signs walks up on porch my dog bite her

Who responseable my dog is on a lesh she came on my property

Nelson Craig Johnson
Nelson Craig Johnson answered on Sep 9, 2021

In Alabama there are typically three instances where an owner can be responsible for a dog biting someone. 1) if the dog has known dangerous or vicious propensities. 2) If the dog is a breed that is listed on a dangerous breed list. For the State of Alabama that is only Pit Bulls. Counties or... Read more »

1 Answer | Asked in Securities Law for Georgia on
Q: Two people were in my house and recorded an audio altercation we had without my consent or knowledge. Is this legal?
Nelson Craig Johnson
Nelson Craig Johnson answered on Sep 7, 2021

Georgia is known as a single party consent state. That means that as long as one person in the conversation is aware it is being recorded then it is a proper and legal recording. There are States like Florida which require all parties know and consent to the recording.

1 Answer | Asked in Wrongful Death for Georgia on
Q: My mother was killed by cartersville medical center on June 15, 2018. They gave her to much potassium. How can I sue.

This is wrongful death, they caused her cardiac arrest.

Nelson Craig Johnson
Nelson Craig Johnson answered on Sep 7, 2021

You should seek out legal counsel and provide them with the medical records to review. This will be a Medical Malpractice case which requires showing the doctors/nurses breach the standard of care and caused injury to the patient as a result of that breach. If the attorney believes there was a... Read more »

1 Answer | Asked in Civil Rights for Alabama on
Q: Can I sue Facebook for violating my civil rights specifically for violating my freedom of speech? Not first time they

I made a comment about our government leaving K9’s in Afghanistan. Military k9’s. My comment was “ it would be more humane to have put a bullet in their head than leave them to starve or be tortured by Isis. “

They banned me stating I was promoting hate or violence?

Nelson Craig Johnson
Nelson Craig Johnson answered on Sep 7, 2021

Because Facebook is not a government entity they cannot violate your first amendment right to freedom of speech. You can make an internal appeal with Facebook to argue your post did not violate their policies. They use computer bots to monitor content, but often on an appeal a human doing the... Read more »

1 Answer | Asked in Landlord - Tenant for Alabama on
Q: Can a landlord keep my security deposit if i never moved in? 3 days of move date property was already occupied.

7/24/21 put deposit. Was told he gave previous tenets 30 days to vacate. He was supposed to contact me if I could move in sooner. I got a message 8/24/21 saying this was the last day and to contact him, he said that he wasn't sure if the tenets were moved out because they had left some... Read more »

Nelson Craig Johnson
Nelson Craig Johnson answered on Sep 7, 2021

I would suggest contacting an attorney to go over the specifics of your case in detail. A landlord has a duty to provide you both legal and actual possession of a property. Having prior tenants living there would violate that duty.

1 Answer | Asked in Uncategorized for Alabama on
Q: Is there any legal recourse to protect me and my family from a cyber stalker?

I’m being harassed by a man I met online. We were in a long distance digital relationship that I ended, but now he won’t go away. He’s sending threats/messages/images to me/my family. How can I make him stop?

Nelson Craig Johnson
Nelson Craig Johnson answered on Sep 7, 2021

I would suggest calling the non-emergency number for you local police department. Describe the situation and detail the threatening messages. You might be able to get a protection from abuse order based on the facts of your situation.

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Alabama on
Q: Does Alabama have rights for an aunt if the mother dies?

So my sister died and she has 1 child. This child’s father is living, but can’t get custody of a dog if he wanted to, and has had prior cases where he was denied custody of other children. The child in question was given to his dads mom and it was court ordered for her to keep us in touch with... Read more »

Nelson Craig Johnson
Nelson Craig Johnson answered on Sep 7, 2021

If the Court Order assigning custody lays out conditions that must be met then you can enforce them. However, if the Court granted custody without assigning those conditions then it is likely nothing could be done. Alabama has only recently recognized grandparents rights and the law is still a bit... Read more »

1 Answer | Asked in Landlord - Tenant for Alabama on
Q: I have reached my 60 day of not receiving my security deposit. How can i file to recieve double the deposit owed?
Nelson Craig Johnson
Nelson Craig Johnson answered on Aug 30, 2021

If you have not already I would send a letter to your landlord making a specific request for your deposit back, and if they refuse an accounting of the defects they allege account for not returning said deposit. Give a time limit to respond. You may want to send it certified mail so that you can... Read more »

1 Answer | Asked in Constitutional Law for Alabama on
Q: 16th Amendment to the U.S. Constitution was never properly ratified.

This amendment which established the "income tax" was signed into law despite

serious defects. In reality, only two States [mind you, these were all Territorial

"States of States" at this time] ratified the amendment and ratification requires 36 (3/4 of)... Read more »

Nelson Craig Johnson
Nelson Craig Johnson answered on Aug 30, 2021

Not sure what "serious defects" you are referring to. However, 36 States ratified the amendment by 1913. The first state to ratify was Alabama in 1909. The 36th state was Delaware. In total 42 States ratified. Four states rejected the amendment and two never considered it. (Alaska and... Read more »

1 Answer | Asked in Criminal Law and Education Law for Alabama on
Q: It's a wood storage building licensed as a gun store business I cut into the back of it with a skill saw I never entered

Is it a 3rd degree burglary in Alabama I never entered or took anything I only damaged the building by cutting a square in the back of it I gave up and left when I couldn't get into it

Nelson Craig Johnson
Nelson Craig Johnson answered on Aug 30, 2021

(a) A person commits the crime of burglary in the third degree if any of the following occur:

(1) He or she knowingly enters or remains unlawfully in a dwelling with the intent to commit a crime therein;

(2) He or she knowingly enters or remains unlawfully in an occupied building...
Read more »

1 Answer | Asked in Insurance Defense for Alabama on
Q: Can I keep my vehicle after it is deemed a total loss and payed out by the insurance company?
Nelson Craig Johnson
Nelson Craig Johnson answered on Aug 24, 2021

That will be determined as part of your settlement. If you have not accepted a property settlement offer you can negotiate to keep the vehicle. They will likely reduce their offer by what they assess the salvage value of the vehicle to be.

1 Answer | Asked in Uncategorized for Alabama on
Q: Can a insurance company make a renter pay for an accidental fire
Nelson Craig Johnson
Nelson Craig Johnson answered on Aug 24, 2021

Likely depends on the language of the lease agreement, property insurance agreements, and renters insurance agreements. I would suggest taking those documents to an attorney for review to get specific advise.

1 Answer | Asked in Landlord - Tenant for Alabama on
Q: I signed a lease with a real estate company. Landlord has decided to sell the her home. Lease expires in October.

Owner's Agent notified me of owners need to inspect the premises. I requested that she wear gloves and mask. Owner said she would comply. I have extenuating health issues. Landlord has known about these issues. I was recently hospitalized for 4 days, because of a compromised immune system.... Read more »

Nelson Craig Johnson
Nelson Craig Johnson answered on Aug 24, 2021

To give any specific advise an attorney would need to review your lease. I would suggest calling an attorney and forwarding him the lease agreement to determine a course of action appropriate to protect your interests. Because there is an upcoming showing time is of the essence. If it is a... Read more »

1 Answer | Asked in Real Estate Law for Alabama on
Q: Do members of a Property Owners Association ( Homeowners Association) have the right to see contracts in Alabama?

The front entrance to our subdivision was damaged by a pickup truck. The Board approved a contract for repairs in excess of the insurance settlement. They used money from regular dues to pay the difference. I would like to have a copy (or at least see) the contract.

Nelson Craig Johnson
Nelson Craig Johnson answered on Aug 24, 2021

I think it is more than reasonable for you to request a copy or to see the contract as you pay dues tot he HOA. Now if you are entitled to see that contract likely depends on the way the HOA was set up and the language of the documents drafted to create the HOA.

I would start by making the...
Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Alabama on
Q: Can an employer fire me because of an injury that happened almost 4 years ago?

I was working for a company as a temp worker and when I went to go do my drug test and physical I let the physician know that I had surgery on my neck, and when i went back to my job HR said that they are going to hold my hire date, I told them that I was fully released from the doctor that had... Read more »

Nelson Craig Johnson
Nelson Craig Johnson answered on Aug 24, 2021

You should speak with an attorney experienced in the American's with Disabilities Act. I do not believe the answer to your question is going to be an obvious one, but it may fall within the ADA. Alabama is a right to work State, which means an employer can fire someone for any reason so long... Read more »

1 Answer | Asked in Employment Law for Alabama on
Q: Can a company require covid restrictions at one location only when they own companies across 21 states?

They are only requiring corporate people to go home if unvaccinated. They do not require this for the entire company. If they fire someone would it be legal?

Nelson Craig Johnson
Nelson Craig Johnson answered on Aug 16, 2021

In general Alabama is a right to work state and a person can be fired for almost any reason. It is also likely fine for them to institute this policy for Alabama only. The limitation would be if you are protected under the ADA to avoid receiving the vaccination due to some pre-existing health... Read more »

1 Answer | Asked in Criminal Law and Personal Injury for Georgia on
Q: Can i press charges on someone who assaulted me while i was pregnant? I have pictures and videos proving it happened

i ended up having my baby at 26 weeks; she stayed in the NICU for 2 months and just came home a week ago.. i couldn’t press charges earlier due to my situation and being back and forth to the hospital but i do have evidence of the fight and a video of them saying they’d kill my baby .. I want... Read more »

Nelson Craig Johnson
Nelson Craig Johnson answered on Aug 16, 2021

It sounds like your primary question is how to start a criminal proceeding against the individual that assaulted you. For that you will just need to call the police and file a report. The criminal proceeding should take off from there.

If you are wanting to start a civil proceeding for...
Read more »

2 Answers | Asked in Car Accidents, Consumer Law and Insurance Bad Faith for Georgia on
Q: I was in an accident, the police officer could not determine who was at fault (although it was evident).

I took this to small claims court to prove that I was not at fault and won my case. This accident happened in 2019 and I was diagnosed with cancer a month afterwards.

I had to request several contingencies due to radiation, chemotherapy, physical therapy and recovery time. During this time... Read more »

Nelson Craig Johnson
Nelson Craig Johnson answered on Aug 12, 2021

They have 30 days to file an appeal. If they fail to do so then they will have to pay you the amount awarded. If they do file an appeal then the entire case will be retired in a higher court as if there was never a judgement. In that instance, I believe it would be prudent for you to consult with a... Read more »

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2 Answers | Asked in Criminal Law and Traffic Tickets for Georgia on
Q: Is the state required to submit all body cam and dash cam evidence in the discovery?

What was categorized as a traffic stop was really an investigation. Allegations of a traffic violation could not be substantiated. Further allegations during the traffic stop stated that drugs were found in plain view but those allegations are unsubstantiated as well. Even during a sentencing... Read more »

Nelson Craig Johnson
Nelson Craig Johnson answered on Aug 10, 2021

If exculpatory evidence exists the prosecutor is under an ethical duty to turn over that evidence.

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