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Alabama Criminal Law Questions & Answers
0 Answers | Asked in Criminal Law, Real Estate Law, Civil Rights and Landlord - Tenant for Alabama on
Q: How can someone who you have a verbal contract with have you charged with criminal trespassing on property that you are

Living at and have been for almost a year. Both people living in the house are disabled and have gotten behind on rent but the owner of the house wanted to move someone in with us and was constantly com to the house between 8 pm and midnight, harassing us threatening to put us out. Also her son... View More

0 Answers | Asked in Criminal Law for Alabama on
Q: What does fugitive from justice prior to requisition mean in layman terms? What are the requirements

I’m assuming this charge is for someone on probation and is accused by a credible someone I inside of State A that they believe the dependent committed a crime in state B?

0 Answers | Asked in Criminal Law for Alabama on
Q: How is buying Kratom illegal and a felony in Alabama but can be bought in a store in Tennessee

I was arrested and charged with a felony for kratom which I had legally bought in Tennessee. Now I have to go to court I know nothing about the law in Alabama but it seems a little backwards that methamphetamine is a misdemeanor but kratom is a felony

1 Answer | Asked in Criminal Law for Alabama on
Q: Is it okay for a judge that used to be an attorney to hear someone's case that used to be that person's attorney

Drug possession criminal mischief

John Michael Frick
John Michael Frick
answered on Apr 9, 2024

It depends on whether the judge was the defendant's attorney in the same case or in a "substantially related matter."

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
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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

0 Answers | Asked in Criminal Law and Animal / Dog Law for Alabama on
Q: I've been charged with 8 counts cruelty to animals. Will I get to explain why I had 8 dogs with me in the car?

We were literally running from home cause someone posioned them. I lost 9 dogs and had 8 still alive. I didn't know anything else to do except get living ones i

car and leave. Didnt want them all to die! They were in broke down car for approximately 10-12 hours. I left windows... View More

Q: Are there any laws pertaining to a diver recovering scrap metal that fell from barge in Tennessee River

We are cleaning river bottom where a scrap metal company has missed the barge while loading. The metal is underwater and we are not touching land at any time. Are we breaking any laws.

James L. Arrasmith
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answered on Mar 25, 2024

In regards to your question about recovering scrap metal from the Tennessee River, it's essential to understand that various laws may apply. These include federal, state, and local regulations concerning environmental protection, salvage rights, and navigation. For instance, the Clean Water... View More

0 Answers | Asked in Criminal Law and Car Accidents for Alabama on
Q: In the State of AL, is the time limit tolled in post-conviction proceedings once the initial petition is timely filed?

a rule 32 petition was timely filed in the middle district of Alabama circuit court of sentencing. the judge ordered the state to respond, which they did and an additional response was filed to correct the plain error in their response and that's it. it's been months now - but the year... View More

0 Answers | Asked in Criminal Law for Alabama on
Q: I live in florida I recently got in trouble in Alabama for drug offense I bonded out do I have to go to drug court date

Or can I skip that and wait to go to the next docket date set?

0 Answers | Asked in Criminal Law for Alabama on
Q: In Alabama if your placed on felony probation and a warrant is placed for violation does your time stop then?

If you have a warrant and you are not picked up and your probationy time is over what happens.

1 Answer | Asked in Civil Litigation, Criminal Law, Federal Crimes and Civil Rights for Alabama on
Q: I am being harassed by several different people and law enforcement that have illegally subpoenaed electronic records

I have had my electronics records illegally subpoenaed and also have been harassed non stop by people that have been illegally given this information to follow, stalk, threaten, and harass me non stop. They have continued for years at this point. Law enforcement knows who they are and continue to... View More

James L. Arrasmith
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answered on Mar 14, 2024

I'm sorry to hear about the distressing situation you're facing. It's important to take immediate steps to protect yourself and seek justice. First, consider consulting with a lawyer experienced in privacy, harassment, and criminal law to explore your legal options. They can guide... View More

1 Answer | Asked in Criminal Law, Civil Rights and Public Benefits for Alabama on
Q: Is my relative risking arrest for his outstanding warrants if he applies for a non-driver’s id card in Alabama?

I’m trying to help a relative struggling with homelessness obtain appropriate housing; however—due my past financial losses arising from his previous addiction issues—I’m now unwilling to take responsibility for his lease in my name. He can’t possibly acquire a lease in own his name... View More

James L. Arrasmith
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answered on Feb 28, 2024

Your relative's concerns are understandable, but applying for a non-driver's ID card in Alabama does not automatically trigger immediate arrest for outstanding warrants. However, it's essential to acknowledge the risk involved, as law enforcement databases may flag individuals with... View More

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
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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 Criminal Law for Alabama on
Q: Can I take claim of a ex-felon In possesion of a firearm charge for my husband if the firearm was mine?

My husband was recently arrested and charged with ex-felony in possession of a firearm along with some other charges.. the firearm is mine and was beside the driver seat of my car. He didnt even know that I had it with me and he was only driving because I can’t see to drive when it’s dark. Is... View More

T. Augustus Claus
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answered on Jan 30, 2024

In Alabama, as in most jurisdictions, the issue of possession in a criminal case, especially concerning a firearm by an ex-felon, is complex and fact-specific. If a firearm is found in a vehicle where an ex-felon is present, it can lead to charges of illegal possession, even if the firearm belongs... View More

1 Answer | Asked in Criminal Law for Alabama on
Q: I was pulled over and an officer found kratom in my car, but did not arrest Me and offered to let me go if I would agre

I was pulled over and an officer found kratom in my car, but did not arrest Me and offered to let me go if I would agree to work with narcotics. He said if I didn’t contact the number he gave that he would issue a warrant for my arrest. Is this legal?

James L. Arrasmith
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answered on Jan 23, 2024

The legality of the situation you described is questionable and raises several concerns. First, it's important to know that kratom's legal status varies by state and jurisdiction. If kratom is legal in your area, possessing it should not result in any criminal charges.

If kratom...
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1 Answer | Asked in Criminal Law and Federal Crimes for Alabama on
Q: If I have a pistol in my car is my husband who which is an ex-felon be allowed to ride in my car?
James L. Arrasmith
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answered on Jan 21, 2024

It's important to be aware that federal and state laws regarding firearms, felons, and possession can vary. Generally, under federal law, it is illegal for a convicted felon to possess a firearm, including riding in a car where there is a firearm, even if they do not own or physically possess... View More

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