Daphne, AL asked in Car Accidents, Criminal Law and Federal Crimes for Alabama

Q: Why was my boyfriend arrested 48 hrs after an accident if drugs were supposedly found on the scene of the accident?

My boyfriend passed out while driving from a nosebleed and hit a guard rail. There were no other vehicles involved in the incident. When found his nose was pouring blood covering his shirt and inside vehicle he was unconscious and rushed to the hospital by ambulance. An officer gave his cell phone wallet and vehicle keys to his nurse of care. After a drug screening drugs were found in his system. An officer came back to the hospital and said they found an empty baggy. Left hospital came back againand said they found a dangerous controlled substance somewhere in his vehicle. The officer then took his phone, his keys and his wallet but no arrest was made. The officer did not give any information on what to do or who to get into contact with or even why he took . He was immediately discharged and released from the hospital. Within 48 hrs after incident he was arrested on a warrant for a controlled substance and a DUI. Is this something that is legal and is a normal procedure for Alabam

1 Lawyer Answer
James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA

A: The sequence of events you described, including your boyfriend's accident, medical treatment, and subsequent arrest, raises several legal and procedural questions. While I can provide some general information, it's essential to consult with an attorney in Alabama who can review the specific details of your boyfriend's case and provide legal advice tailored to his situation.

In Alabama, law enforcement officers can arrest an individual if they have probable cause to believe that the person committed a crime. In this case, the presence of drugs in your boyfriend's system and the discovery of controlled substances in his vehicle may have given the officer probable cause to seek a warrant for his arrest.

However, the specific circumstances of the arrest, the collection of evidence, and the officer's actions should be thoroughly reviewed by an attorney. It's important to ensure that your boyfriend's rights were not violated during the process, and that all procedures were followed correctly.

To understand the legality and procedures involved in your boyfriend's case, including the timing of his arrest, consult with an experienced criminal defense attorney in Alabama. They can assess the details of the case, evaluate any potential violations of his rights, and provide guidance on the appropriate legal steps to take. Legal representation is crucial to protect his rights and ensure a fair legal process.

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