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Alabama Criminal Law Questions & Answers
0 Answers | Asked in Civil Rights and Criminal Law for Alabama on
Q: Were my civil rights violated at a city council meeting arrest in Alabama?

I believe my civil rights may have been violated when the chief of police arrested me at an open city council meeting. I was addressing the mayor and council about a police officer harassing me when the chief got mad because I mentioned that I had tried to contact him without success. He told me to... View More

0 Answers | Asked in Criminal Law and Gov & Administrative Law for Alabama on
Q: Can a charge for attempting to elude be reverted to a misdemeanor?

My son was charged with attempting to elude a police officer, and they set his bail at $15,000, calling it a felony. He has a history of legal troubles and was recently released from federal prison on 1/10/25 after serving over a year for a felon in possession of a firearm, followed by several... View More

0 Answers | Asked in Child Custody, DUI / DWI and Criminal Law for Alabama on
Q: How to prevent boyfriend's charges affecting custody in Alabama?

In a custody case, the father of my children is trying to use my boyfriend's recent charges, which include petty theft and DUI in Covington County, Alabama, as well as an older charge of driving on a suspended or revoked license in Florida, to gain custody of our children. The children... View More

0 Answers | Asked in Child Custody, Criminal Law and DUI / DWI for Alabama on
Q: Can a boyfriend's criminal record be used in a custody case in Alabama?

I am currently involved in a custody case where I am the mother, and the father of my child is trying to use my boyfriend's criminal past against me. My boyfriend has been recently charged with DUI, driving on a suspended license, and petty theft, but these incidents occurred in a different... View More

0 Answers | Asked in Criminal Law for Alabama on
Q: Charged with unlawful distribution of fentanyl: what to expect?

I have been charged with unlawful distribution of less than a half gram of fentanyl. They claim I sold to someone working with the police on two occasions, allegedly with audio evidence one time and video the other. I am a recovering addict trying to help another addict, not a drug dealer, and I... View More

0 Answers | Asked in Criminal Law and White Collar Crime for Alabama on
Q: Charged with illegal possession of found debit card in car

I bought a car 4 months ago and was stopped by the police last week. They searched the car and found a debit card belonging to the previous owner. I have been charged with illegal possession, but I was unaware the card was in the car. I've contacted the previous owner, who will testify in... View More

0 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for Alabama on
Q: Can I be arrested for refusing to identify myself in Alabama?

While I was standing in public beside a car, a sheriff deputy approached me, stating I had done nothing wrong and was not suspected of a crime or traffic violation. He simply wanted to identify me, but I invoked my 5th amendment rights and did not provide my name. The deputy claimed Alabama law... View More

1 Answer | Asked in Criminal Law and Civil Rights for Alabama on
Q: Can the fbi interrogate someone for over 6yrs? Shocking and asking the same questions.
James L. Arrasmith
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answered on Feb 8, 2025

No, the FBI cannot legally interrogate someone for over six years while asking the same questions repeatedly. That would likely be considered harassment or coercion, which could violate constitutional rights. The Fifth Amendment protects against self-incrimination, and the Sixth Amendment... View More

0 Answers | Asked in Criminal Law for Alabama on
Q: When someone holds a pistol to two people’s head and threatens to kill them, then fires weapon into the floor of house

Also a 73 yr old women who has had 3 strokes was within 10 feet of gun… what kind of prison time will they receive?

0 Answers | Asked in Criminal Law for Alabama on
Q: Why did my son get arrested for drug trafficking when the police found the drugs in the backseat with another person

My son was the sober driver for a friend and a stranger then they got pulled over and the police found drugs in the backseat with the strange girl. The girl didn't get charged with anything yet my son got charged with all of it

1 Answer | Asked in Criminal Law and Civil Rights for Alabama on
Q: I was denied my medical records what do I half to do to get them

Someone opened a case through the mental health in the county that I live in . In 2019 I have just found out about this in the past 2 months. I ask for a copy of my records so I could file criminal charges on the person or persons responsible. They agreed to give me a copy they said it would take a... View More

James L. Arrasmith
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answered on Jan 28, 2025

It sounds like you’re going through a very difficult and frustrating situation. You have a legal right to your medical records under the Health Insurance Portability and Accountability Act (HIPAA), and a facility cannot deny access without valid reasons. Since they originally agreed to give you a... View More

0 Answers | Asked in Criminal Law for Alabama on
Q: If someone violates parole is there any possible way not to have to go back to prison

Traffic violation and missing check in because of being sick

1 Answer | Asked in Criminal Law and Civil Rights for Alabama on
Q: I have several black kids who have been hanging out in my basement 24/7. Police won't go under house to get them. ?????

I don't know what to do to get them out. I have a shotgun

James L. Arrasmith
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answered on Jan 18, 2025

It’s important to remain calm and address this situation safely. You should not take matters into your own hands, especially with a weapon, as this could escalate the situation and potentially lead to harm. Your safety and the safety of others should be the top priority.

The best course...
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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Alabama on
Q: what to do if my boyfriend had a arrest warrant out of fl and they arrested him solely on it in fort payne al and he sig
James L. Arrasmith
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answered on Jan 15, 2025

If your boyfriend was arrested in Alabama on a Florida warrant, you'll want to first contact the jail where he's being held to understand his status and get his inmate number. This information will be crucial for staying in touch and coordinating next steps.

Your boyfriend will...
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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
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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...
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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
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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 and Military Law for Alabama on
Q: If you go awol in basic training for around 150 days, is there any way you can get discharged earlier than your serving
James L. Arrasmith
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answered on Oct 6, 2024

If you've gone AWOL from basic training for 150 days, you're likely in a serious situation. Being AWOL for that long can escalate to desertion charges, which might lead to court-martial or other severe penalties. The military takes these situations very seriously, and the consequences can... 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
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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 Criminal Law for Alabama on
Q: can i record a conversation between me and one other person with out me telling her
Christine Hernandez
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Christine Hernandez
answered on Sep 2, 2024

In response to your question, I would need additional facts. Therefore, my response at this time is that depends on the state. Alabama is a one party state, which means that when one person in the conversation chooses to record the conversation, the other person is not required to be informed.... View More

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