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Alabama Criminal Law Questions & Answers
0 Answers | Asked in Criminal Law for Alabama on
Q: I've been wrongfully charged for DA Strangulation

My ex husband filed a warrant and Da Strangulation charges on me and I am innocent.

0 Answers | Asked in Libel & Slander, Criminal Law, Civil Rights and Federal Crimes for Alabama on
Q: Im from Alabama. I purchased a 1 owner, dealarship maintained Porsche Cayenne GTS. Nobody mechanic wise ever touched car

I knew I'd gotten lucky to find a car with such pristine maintenance records so I turned in my rental.car we drove up.there and made the plunge at dealarship. I paid 3 months full coverage before I even drive off lot. Fast forward once we're back in Alabama with car I first noticed when I... View More

0 Answers | Asked in Criminal Law and Communications Law for Alabama on
Q: Missed court date due to illness, ambulance and hospitalization. Can I get the bench warrant vacated?

This is for a charge by my prior landlord of harassing communication that is FAR FROM TRUTH. I have nothing else on my record and I am 58 yrs old.

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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0 Answers | Asked in Criminal Law for Alabama on
Q: How do I get a criminal offense taken off my record from 2002

I wrote 2 bad checks in 2001

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

1 Answer | Asked in Communications Law, Criminal Law, Federal Crimes and Internet Law for Alabama on
Q: My ex husband took naked pictures of me w/out my knowledge while I was sleeping, put them on the internet.

He was charged w a misdemeanor, Distribution of private images w/out consent. This was not the first time, but this time I had proof. He wrote a confession admitting to everything. When we go to trial, since he confessed, will he be convicted or can he take a plea deal & serve no jail time?... View More

James L. Arrasmith
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answered on Aug 31, 2024

Given the situation, your ex-husband’s confession significantly increases the likelihood of a conviction. However, he might still negotiate a plea deal with the prosecutor, which could result in a lighter sentence or alternative penalties like probation instead of jail time. The final outcome... View More

2 Answers | Asked in Criminal Law for Alabama on
Q: In Alabama does the county or city within that county have jurisdiction over someone accused of kidnapping.

Can the city and county try the same case?

Christine Hernandez
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Christine Hernandez
answered on Sep 2, 2024

In Alabama, Kidnapping is a felony offense. The State of Alabama prosecutes the case in the county for which the alleged conduct occurred. A municipal court does not have jurisdiction over felony offenses. However, you used the word kidnapping and did not provide any other facts, therefore, if the... View More

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1 Answer | Asked in Criminal Law, Civil Rights and Municipal Law for Alabama on
Q: I'm 18 can I carry a pistol in Alabama for my protection also not active military or law enforcement does that matter?
James L. Arrasmith
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answered on Aug 31, 2024

In Alabama, the minimum age to carry a pistol is 19 years old, regardless of whether you are in the military or law enforcement. Since you are 18, you cannot legally carry a pistol for protection at this time. This applies to both open carry and concealed carry, as Alabama law requires you to be at... View More

1 Answer | Asked in Criminal Law, Personal Injury and Civil Rights for Alabama on
Q: Is it legal for an officer to intimidate you by telling you they know you filed a complaint against one of their officer

After telling you they know who you are and know you filed a complaint against one of their officers , and proceeds to say they are getting a search warrant for your home , you go back toward your home and tell you child that’s inside to lock the door because this is retaliation and... View More

James L. Arrasmith
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answered on Jul 28, 2024

What happened to you sounds extremely distressing and potentially unlawful. Intimidation and threats from law enforcement officers can be grounds for legal action, particularly if they involve retaliation for filing a complaint. If an officer entered your home without a search warrant and used... View More

1 Answer | Asked in Criminal Law, Civil Rights and Education Law for Alabama on
Q: My under age son was videoed naked in the locker room at school and it was shared on social media what can I do

He was naked and it was shared on social media and to people at the school

James L. Arrasmith
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answered on Jul 28, 2024

I'm really sorry to hear about what happened to your son. First, you should report the incident to the school administration immediately. They have protocols for handling such violations of privacy and can take disciplinary actions against the responsible students.

Next, contact your...
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1 Answer | Asked in Civil Rights, Criminal Law, Libel & Slander and Consumer Law for Alabama on
Q: Can I take any legal action for Wal-Mart not abiding by their refund policy and also falsely accusing me of shoplifting

I was taking items back at Walmart and their refund policy states that you will get your refund in the matter in which you paid. Well, my receipt shows where I paid $160 cash and $60 on my debit card. I went to take some items back to Walmart and they only offered me a gift card so I called... View More

James L. Arrasmith
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answered on Jun 29, 2024

Based on the situation you've described, there are a few potential legal issues to consider:

1. Refund policy violation:

If Walmart has a clearly stated refund policy that they're not following, this could potentially be grounds for a complaint. However, many stores have...
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1 Answer | Asked in Criminal Law, Federal Crimes and Communications Law for Alabama on
Q: I’m an 18 year old female who has been getting harassed by a 16 year old male over text since late May.

Recently, I received a video of the 16 year old male saying he wanted to harm me. What legal actions should I take on this?

James L. Arrasmith
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answered on Jun 22, 2024

This is a serious situation that requires prompt action to ensure your safety. Here are some steps you should consider taking:

1. Document everything: Save all texts, messages, and the video as evidence.

2. Stop all communication: Do not respond to any further messages from this...
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