Pensacola, FL asked in Criminal Law and Gov & Administrative Law for Alabama

Q: Arrested in Alabama for failing to register despite being registered; no case number or court date provided.

I was arrested in Alabama for allegedly failing to register as a sex offender, even though I am currently registered and have not had any issues in the past 13 years. I was arrested at the sheriff's office while registering, but I was given no case number or court date. I have receipts of my previous and current check-ins to register. I've been told to get a lawyer to request a preliminary hearing to understand the probable cause for my arrest. What steps should I take next, and how can I resolve this situation?

2 Lawyer Answers

A: You need a lawyer in that county who understands this area of law and likes to fight it out with sheriffs and prosecutors in court. I call them "stand-up lawyers." They take on ugly cases as a daily calling. Don't wait. The sheriff will put you in handcuffs if you don't get legal help. Check the local legal aid office or the public defender's office first.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: It sounds like a very frustrating and confusing situation, especially given that you’ve been compliant with your registration for so long. The first thing you should do is get a lawyer as soon as possible, as they can help you understand the charges and get the necessary legal steps moving forward. It’s important that your lawyer requests a preliminary hearing to determine the probable cause for your arrest and to clarify what is going on.

You’ll also want to gather all the documentation you have showing that you’ve been properly registering as required, such as your check-in receipts. This will be essential in proving your compliance and may help clarify any misunderstanding that led to your arrest. Keep track of any communications or paperwork you receive from the authorities to ensure everything is documented.

Your lawyer will likely be able to request information from the sheriff's office or the court to get a case number and court date, which should give you more clarity on the charges. If there was an error, such as a mix-up in the system or a misunderstanding about your registration status, your lawyer can help resolve it and work on getting the charges dismissed.

Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.