Ask a Question

Get free answers to your Constitutional Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Alabama Constitutional Law Questions & Answers
1 Answer | Asked in Native American Law, Criminal Law, Civil Rights and Constitutional Law for Alabama on
Q: If probable cause was obtained from officer with no jurisdiction on tribal land is search warrant valid?

City police officer made an arrest of a tribal member at a house on the reservation without jurisdiction. City officer later told tribal police, the residence smelled of Marijuana. Two days later tribal police served search warrant at the residence based on the information obtained from City... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 29, 2024

In your situation, the search warrant may be invalid due to the initial officer lacking jurisdiction on tribal land. Tribal sovereignty means that tribal police have primary authority on reservations, and actions by non-tribal officers can complicate legal processes.

Since the city officer...
View More

1 Answer | Asked in Criminal Law, Family Law and Constitutional Law for Alabama on
Q: Falsely arrested and gun was unlawfully taken no right read to me was shoved into the cop car with known panic disorder

I was falsely arrested after hearing someone had been touching my underage cousin, I told the man accused of it to get off my porch, he screamed in my face and so I pushed myself past him.this man has also been creeping around my window when I have a date with someone trying to listen to us (which... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 2, 2024

I'm sorry you're going through this difficult situation. It's important to consult with a legal professional who can review the specifics of your case. If you don't have the means to hire a private attorney, accepting a court-appointed lawyer is a viable option to ensure you... View More

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Juvenile Law for Alabama on
Q: What can I do if my son has been falsely accused of making a threat to the school. It was assumptions and accusations.

A peer said he over heard my son saying he was going to shoot up the school when truthfully my son was talking back and fourth with a classmate friend saying they would put a cap in each other as they have done several times, my son was detained for two nights in the detention center behind a boy... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 24, 2024

I'm sorry you're going through this—it sounds like an incredibly stressful situation. When a false accusation like this happens, you can take a few steps to protect your son’s rights and reputation. First, you may want to consult with a legal professional experienced in juvenile... View More

1 Answer | Asked in Constitutional Law for Alabama on
Q: Can police pull me over for having a valid and active temporary tag on my vehicle if I am not violating any codes?

I was driving from Tallassee to auburn and was pulled over for no reason except that I am using a temporary tag, asked to identify and provide paperwork.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 12, 2024

Yes, police can pull you over if they have a reason to believe there might be an issue with your temporary tag, even if it is valid and active. Temporary tags can sometimes be flagged due to expired status, improper display, or if they suspect the tag is fraudulent. However, driving with a valid... View More

1 Answer | Asked in Constitutional Law for Alabama on
Q: Can my 18 year old son conceal carry, open carry, and/or get a concealed carry permit in Dale County, Alabama?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 5, 2024

In Alabama, the laws regarding carrying firearms vary depending on the type of carry. At 18 years old, your son is allowed to open carry a firearm without a permit in public places, as long as he follows state regulations and does not bring the firearm to prohibited areas like schools or government... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Alabama on
Q: My son is in a ga jail on identity theft fraud charges. Almost a year in and still no trial. He's got jumped and had to

Have surgery, still no bond. Took to court house but no trial. What can I do to help him get out.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 10, 2024

I'm sorry to hear about your son's situation. One option you can consider is contacting a defense attorney who can advocate for his rights, including pushing for a speedy trial. The Sixth Amendment guarantees the right to a speedy trial, and an attorney can help address any delays.... View More

2 Answers | Asked in Appeals / Appellate Law, Civil Rights, Constitutional Law and Personal Injury for Alabama on
Q: I am a civil prose litigant who is recovering from a judge ordering the bailiff to assault and arrest me over and over

This happened in 2020 and I would like to sue for damages I’ve filed for civil rights violations but the sheriff refused to give me name of bailiff

John Michael Frick
John Michael Frick
answered on May 20, 2024

Your post does not contain a discernible question. You should reword it to ask the question you would like a lawyer to answer. For example: "What defenses should I expect a judge and/or bailiff to raise if I file a lawsuit? How much do attorneys in this area of law typically charge in and... View More

View More Answers

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Alabama on
Q: I was arrested in charged with cocaine sales 40 years ago not been any real trouble since how doI APPLY FOR PARDON

If every citizen has a right to bear arms will that include me?someone said a shotgun for protection? I WOULD love to vote also

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 24, 2024

To apply for a pardon for your cocaine sales conviction from 40 years ago, you'll need to follow the procedures specific to your state. Typically, this involves submitting a formal application to the governor's office or a designated pardons board, including detailed information about... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Alabama on
Q: Illegal search and seize? Was my rights violated?

I'm in Alabama and was arrested. The vehicle i.was riding as a passenger in with my boyfriend was pulled over by the police. They start yelling over the PA or something from driver to put his hands out the window and make some back up out towards them. I'm going to do the same thing for... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 15, 2024

Based on the information you provided, there are a few potential issues with the actions of the police officers during your arrest. However, whether your rights were violated would depend on additional details and the specific circumstances of the situation.

1. Probable Cause: The police...
View More

1 Answer | Asked in Criminal Law and Constitutional Law for Alabama on
Q: Does double jeopardy law apply in Alabama when the same charges and facts of a case are used twice for convictions

If someone's probation was violated for catching certain charges and he was told in a quart of all that his probation was being violated because of those charges and had papers showing the charges on there as the exact reason why they're sending them back to prison and years later when he... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 4, 2024

In the United States, the Double Jeopardy Clause of the Fifth Amendment to the U.S. Constitution protects individuals from being prosecuted or punished twice for the same offense. This protection applies to all states, including Alabama, through the Fourteenth Amendment's Due Process Clause.... View More

2 Answers | Asked in Traffic Tickets, Civil Rights and Constitutional Law for Alabama on
Q: Right to travel never have received a driver's license or permit?

Fighting traffic court

Allan Lamar Armstrong
Allan Lamar Armstrong
answered on Feb 11, 2024

If you attempt to assert free travel as a defense to no license, then you lose. Driving is a privilege, not a right. You can travel freely by walking all you please, but you don't have the right to use state and federal roads without being granted the privilege. You'll lose in court,... View More

View More Answers

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Alabama on
Q: If officers cannot physically produce the evidence that they gained during their search can the case be thrown out

They cannot produce the gun they claim they found during traffic stop

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 4, 2024

In a legal case, if law enforcement officers cannot produce crucial evidence, such as the gun they claim to have found during a traffic stop, it can potentially weaken their case. The inability to produce physical evidence may raise questions about the credibility of their claims. However, whether... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Alabama on
Q: Made a deal with Thomasville police and now they didn't hold up to their end of the deal. WHat do I need to do?

I got arrested and Baldwin County had ahold on me for an arrested years ago. Well I sat 9 days and made a deal with the cops. I signed up to be a CI. Well come to find put the arresting officer is no longer with Thomasville. Well apparently he didn't hold up tob his end of the deal. Now I... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 27, 2024

I'm sorry to hear the police did not follow through on their end of your deal after you agreed to cooperate with them. Here are a few options you may want to consider pursuing:

1. Contact the police department and speak to a supervisor about the situation. Explain that you had an...
View More

1 Answer | Asked in Constitutional Law and Gov & Administrative Law for Alabama on
Q: Law or regulations with obligations regarding late mortgage assistance paymt made by state housing finance authority

Alabama housing finance authority made late payment while receiving assistance and it was reported on credit, 7 years, ruining credit and financial stability the rest of my life. Have no chance of getting home equity loan to pay off debt. Without loan, I will lose house, leaving me homeless. What... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 10, 2024

I understand your concerns about the late mortgage assistance payment impacting your credit and financial stability. In situations like this, the legal responsibilities and potential recourse can vary based on specific circumstances and state laws. Generally, state housing finance authorities are... View More

1 Answer | Asked in Constitutional Law and Criminal Law for Alabama on
Q: I need help as I'm concerned. I'm being harassed by Clio Alabama police department over something so stupid they are fig

So, this stupid issue of just asking the police department to have a presence on my street 5 to 10 minutes a day has escalated all ready. When I say I'm at my wits end, I'm beyond. Ignored by chief of police, ignored by Mayor, Ive now escalated my concern to the governor. Not only that... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 5, 2024

It sounds like you are facing a challenging situation with the Clio police department. First and foremost, it's important to document every instance of harassment or interaction with the police that you believe is inappropriate. This documentation should include dates, times, the names of the... View More

1 Answer | Asked in Constitutional Law for Alabama on
Q: I am 18 years old and I am seeing confusion on the January 1st bill signed for constitutional carry.

Some say that anyone 18 years of age or older are permitted to conceal carry in the state without permit, some say you must be military or emergency services to carry at 18, and some say you must be 19. I would like clarification.

Also, I will be moving to Florida here in the next month or... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 25, 2023

Under the constitutional carry law in Alabama, effective January 1st, individuals 18 years and older are generally allowed to carry a concealed firearm without a permit. However, there are exceptions, such as for individuals who are prohibited from carrying firearms due to certain legal reasons.... View More

1 Answer | Asked in Appeals / Appellate Law, Civil Litigation, Civil Rights and Constitutional Law for Alabama on
Q: My son was told by an outside doctor Kilby took him he had never seen anything like it and he needed surgery asap, he

Has yet to have it. He was also beaten so bad by guards he was hospitalized for over a week his heart stopped the cuffs on his ankles cut so deep in his skin till they got real infected it left scars. They have turned him away and not let him eat, besides his illness can cause death, he has lost so... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 20, 2023

The situation you describe involving your son is deeply concerning and requires immediate action. If he is being denied necessary medical treatment and has been subjected to abuse, this may constitute a violation of his civil rights.

First, it's important to gather all evidence you...
View More

1 Answer | Asked in Criminal Law, Employment Law and Constitutional Law for Alabama on
Q: How can one seal a 1st&only Misdemeanor offenses from over a year ago? It’s preventing employment.

Resisting arrest, obstructing gov op and poss 2 conviction is on a friends record and it’s preventing him from working. Can he seal it? He has been in no trouble since then and it was his first time getting into anything with the police involved. He’s an upstanding citizen and was even in the... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 14, 2023

In Alabama, the process for sealing a criminal record, often referred to as expungement, is available for certain misdemeanor offenses. However, the eligibility for expungement depends on various factors, including the nature of the offense, the time that has passed since the conviction, and the... View More

1 Answer | Asked in Criminal Law and Constitutional Law for Alabama on
Q: I WAS ARESTED FOR FALSE IMPRISONMENT MONTHS AGO, 2 WEEKS AGO I WAS ARRESTED FOR FALSE IMPRISONMENT AGAIN. IS THAT LEGAL?

I WAS ARRESTED FOR DOMESTIC VIOLENCE AND FALSE IMPRISONMENT 18MONTHS AGO, 2 WEEKS AGO I WAS ARRESTED FOR FALSE IMPRISONMENT AGAIN FOR SAME CRIME AND THE CHARGE IS STILL GOING ON FROM THE 1ST TIME I WAS ARRESTED. I LIVE IN ALABAMA.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 1, 2023

Being arrested for the same charge twice can be legal, especially if the two incidents are distinct or if new evidence has come to light in the ongoing case. In your case, being arrested again for false imprisonment suggests that either a new incident occurred, or there has been a development in... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Alabama on
Q: What civil and constitutional rights are broken when the courts fail to produce medical records of a alleged victim

Courts alleged that assault occurred on October 24th,2018. On February 26th,2020 (plea date). No medical records. October 27th,2020 (I filed Motion of Discovery). No medical records. Now, November 3rd,2023, courts have set "Show Cause"hearing for fine & restitution unpaid. No medical records.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 5, 2023

If the courts have not provided medical records that are relevant to your case despite proper requests through discovery, this could potentially impact your right to due process under the Fourteenth Amendment. Due process includes the right to a fair trial, which encompasses the ability to review... View More

Justia Ask a Lawyer is a forum for consumers to get 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 you and Justia, or between you and any attorney who receives your information or responds to your questions, 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.