Questions Answered by William Lee Pfeifer Jr

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

1 Answer | Asked in Family Law and Landlord - Tenant for Alabama on
Answered on Feb 17, 2011
William Lee Pfeifer Jr's answer
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.

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

1 Answer | Asked in Family Law for Alabama on
Answered on Feb 17, 2011
William Lee Pfeifer Jr's answer
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 to the parental rights termination, then he can sign a consent to the termination. The case will be scheduled for a hearing, at which the judge will determine whether there are sufficient grounds for a...

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

1 Answer | Asked in Family Law for Alabama on
Answered on Feb 17, 2011
William Lee Pfeifer Jr's answer
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, commits bigamy by cohabiting in the state with the other party to such a marriage." Bigamy is a Class C felony, carrying a sentence of up to 10 years in prison. You would need to talk to a sheriff's...

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

1 Answer | Asked in Family Law and Child Custody for Alabama on
Answered on Feb 17, 2011
William Lee Pfeifer Jr's answer
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 terminates the obligation to pay child support, so a person could be required to continue paying child support even if his parental rights are taken away.

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

1 Answer | Asked in Family Law for Alabama on
Answered on Feb 16, 2011
William Lee Pfeifer Jr's answer
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.

Q: How do i appeal a guilty plea?

1 Answer | Asked in Appeals / Appellate Law for Alabama on
Answered on Feb 16, 2011
William Lee Pfeifer Jr's answer
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 to have authority to grant it, and you have to establish good reasons for the court to let you withdraw the plea. If you did not file to withdraw the guilty plea and did not file your appeal in time,...

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

1 Answer | Asked in Criminal Law for Alabama on
Answered on Feb 16, 2011
William Lee Pfeifer Jr's answer
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 trial, a court is to consider four factors: (1) the length of the delay, (2) the reason for the delay, (3) the defendant's assertion of the right, and (4) any prejudice to the defendant. This is a...

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

1 Answer | Asked in Criminal Law for Alabama on
Answered on Feb 16, 2011
William Lee Pfeifer Jr's answer
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 see what options you have when you go to court. Good luck to you, and if I can be of any assistance please let me know.

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

1 Answer | Asked in Criminal Law for Alabama on
Answered on Feb 16, 2011
William Lee Pfeifer Jr's answer
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 are unable to reach him, you can also call the Court of Criminal Appeals in Montgomery and ask the clerk's office if they can tell you the status. You can also send me an email through the contact...

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

1 Answer | Asked in Criminal Law for Alabama on
Answered on Feb 16, 2011
William Lee Pfeifer Jr's answer
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 outcome as minor as pretrial diversion where you don't even have a conviction on your record. I would encourage you to contact an attorney as soon as possible to review your options and to prepare your...

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

1 Answer | Asked in Criminal Law for Alabama on
Answered on Feb 16, 2011
William Lee Pfeifer Jr's answer
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 repeated efforts to get the Alabama legislature to pass an expungement law that would enable people to clear old crimes off of their records. As of right now, that law has not been passed. However, it...

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

1 Answer | Asked in Criminal Law for Alabama on
Answered on Feb 16, 2011
William Lee Pfeifer Jr's answer
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 that you knew it was forged and that you had the intent to defraud. You do not have to prove your innocence, they have to prove your guilt.

That said, it would be wise for you to provide your...

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

1 Answer | Asked in Criminal Law for Alabama on
Answered on Feb 16, 2011
William Lee Pfeifer Jr's answer
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 an appointment with them and meet with the probation officer so that they can get information about you and so that they can make a recommendation to the court. After the background investigation,...

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

1 Answer | Asked in Criminal Law for Alabama on
Answered on Feb 16, 2011
William Lee Pfeifer Jr's answer
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 bond, rather than out on parole. The situations are a little different, so the ways a person could leave the state are different as well.

A person who is on parole is someone who has been...

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