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Questions Answered by William Lee Pfeifer Jr

1 Answer | Asked in Family Law and Landlord - Tenant for Alabama on

Q: If an adult is living with their parents for free can they legally "Ground" them to the home?

William Lee Pfeifer Jr answered on Feb 17, 2011

No. From a legal standpoint, you are basically the same as any other adult renting a room from them. They can, however, evict you from their home and let you go find your own place to live.

1 Answer | Asked in Family Law for Alabama on

Q: How do I draw up a parental rights petition?

I am not married to the father of the child, but he has agreed to terminate his parental rights. How do i draw up the petition for him to voluntarily give up his parental rights?

William Lee Pfeifer Jr answered on Feb 17, 2011

Rather than try to do this yourself, I would encourage you to hire an attorney to draft all of the paperwork for you. A petition to terminate parental rights will need to be filed in juvenile court, which has to be served on the father so that he has an opportunity to contest it. If he has agreed... Read more »

1 Answer | Asked in Family Law for Alabama on

Q: In Alabma husband living with another woman since Nov 08 & got newspaper obituary showing them having same last name &

Facebook showing he added her as his spouse on his family tree, can I get him for bigamy?

William Lee Pfeifer Jr answered on Feb 17, 2011

Possibly. Alabama Code Section 13A-13-1 says "A person commits bigamy when he intentionally contracts or purports to contract a marriage with another person when he has a living spouse. A person who contracts a marriage outside this state, which would be bigamous if contracted in this state,... Read more »

1 Answer | Asked in Family Law and Child Custody for Alabama on

Q: What are the steps in alabama for a man to voluntarily relinquish parental rights?

William Lee Pfeifer Jr answered on Feb 17, 2011

There is not a court procedure that a man can initiate to give up his own parental rights. However, the mother can file a petition to terminate his parental rights, and he could then sign a consent agreeing to have his rights terminated. Please be aware that terminating parental rights no longer... Read more »

1 Answer | Asked in Family Law for Alabama on

Q: A husband dies leaving his widow life tenancy with it going to the adult kids at her death. Can the widow and kids sell

The property if all are in agreement?

William Lee Pfeifer Jr answered on Feb 16, 2011

Yes, they can transfer full legal title to the property by signing an agreement conveying their different interests in the land. The deed will be a little different than a standard property deed, but it is not complicated and an attorney should be able to prepare the paperwork at a reasonable price.

1 Answer | Asked in Appeals / Appellate Law for Alabama on

Q: How do i appeal a guilty plea?

William Lee Pfeifer Jr answered on Feb 16, 2011

In most situations, you cannot appeal a guilty plea. However, there are certain exceptions that exist. Whenever possible, the first step in appealing a guilty plea is to file a motion to withdraw the guilty plea first. This has to be filed within 30 days of sentencing in order for the trial court... Read more »

1 Answer | Asked in Criminal Law for Alabama on

Q: In the state of Alabama are there any rules pertaining to a fast and speedy trial?

William Lee Pfeifer Jr answered on Feb 16, 2011

Yes, the State of Alabama follows the law as set forth in the United States Supreme Court case of Barker vs Wingo, which established the rules for determining whether there has been a denial of the right to a speedy trial. In determining whether there has been a denial of the right to a speedy... Read more »

1 Answer | Asked in Criminal Law for Alabama on

Q: I am 23...can i file youthful offender for shoplifting 40 in alabama. i never been in trouble before

William Lee Pfeifer Jr answered on Feb 16, 2011

No, at 23 you are too old to be granted youthful offender status. However, some courts provide the possibility of receiving pretrial diversion or withheld adjudication if you have never been in trouble before. You need to get a criminal defense lawyer involved in your case as soon as possible to... Read more »

1 Answer | Asked in Criminal Law for Alabama on

Q: My husband is in prison on a probation revocation its ben ovr a yr we appeeled ie but still nothing

William Lee Pfeifer Jr answered on Feb 16, 2011

It can take a long time to receive an appellate court ruling on a conviction. However, probation revocation cases are relatively simple and can usually be ruled on faster than the average criminal case. I would suggest that you call your husband's lawyer and ask him the status of the appeal. If you... Read more »

1 Answer | Asked in Criminal Law for Alabama on

Q: What happens when u r charged with theft of property3 and it was for $90.00 worth of stuff?stuff was given right back

William Lee Pfeifer Jr answered on Feb 16, 2011

Theft of property in the third degree is a Class A misdemeanor. The charge carries a range of punishment of up to one year in the county jail (or up to 6 months in some cities). Depending on the situation, you could be looking at a criminal conviction and a sentence as serious as jail time, or an... Read more »

1 Answer | Asked in Criminal Law for Alabama on

Q: Does Alabama allow for the expunging of criminal records? Will they do it for a third degree forgery charge from 1999?

William Lee Pfeifer Jr answered on Feb 16, 2011

Alabama law does not currently provide for expungement of criminal records of convictions, except for specific situations where there has been a mistake made in the record. For most people, there is no way to get a conviction cleared off of their record. During the last few years, there have been... Read more »

1 Answer | Asked in Criminal Law for Alabama on

Q: How would I prove act was not done with knowledge of use of a forged instrument? at what hearing would I present?

Recieved Check from a Business out of state for online marketing and advertisments. Cashed it at a check cashing company. I was contacted by business that the check was not cleared and arrested. Charged with In state of alabama for possession of forged instrument in the second degree Class C... Read more »

William Lee Pfeifer Jr answered on Feb 16, 2011

The proper forum for presenting your evidence that you did not have knowledge of the forgery would be the jury trial. At the trial, the State will have the burden of proving your guilt beyond a reasonable doubt. They will have to do more than prove that you cashed the check, they will have to prove... Read more »

1 Answer | Asked in Criminal Law for Alabama on

Q: Ive been charged with statutory rape in alabama im 19 with a clean record am i elligible for youthful offender status.

I was dating the girl for 6 months. her mother knew we were having sex and consented her father found out and pressed charges so that he could try to get me to pay him off. i was 18 and she was 13

William Lee Pfeifer Jr answered on Feb 16, 2011

Due to your age, you are eligible to apply for youthful offender status in Alabama. You will need to fill out a form that is filed with the court at your arraignment on the charges, and the judge will order the probation office to conduct a background investigation on you. You will need to schedule... Read more »

1 Answer | Asked in Criminal Law for Alabama on

Q: If you are on parole in AL can you legally travel to the state of Georgia?

Person arrested for rolling meth lab, bonded out of jail, awaiting indictment.

William Lee Pfeifer Jr answered on Feb 16, 2011

You've actually described two different situations in your question. In the general question, you asked whether a person on parole in Alabama can travel to Georgia. However, in the More Information section, you indicated the person has not yet been indicted. This would mean the person is out on... Read more »

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