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Alabama Criminal Law Questions & Answers
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
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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 Criminal Law and Civil Rights for Alabama on
Q: My appointed attorney advised me not to submit any evidence of my innocence to the opposing side. Shouldn't I though?

Possession of controlled substance

Criminal mischief 3rd

Video home surveillance

Credible witness statement

911 call transcript

Phone records

James L. Arrasmith
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answered on Jan 2, 2024

If your appointed attorney advised against submitting evidence of your innocence to the opposing side, it's important to consider their strategy and expertise in legal procedures. In criminal cases, the defense is not typically required to disclose evidence to the prosecution before trial.... 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
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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 for Alabama on
Q: I have received a letter from the district attorney from another county that I don’t live in telling me that if I don’t

The letter states that if I don’t pay the court, ordered restitution, or set up payments that there may be a warrant issued for my arrest. My question is if I refuse to pay this restitution, which I feel like I was tricked into signing an agreement to pay this will they come to a different county... View More

Travis T Juneau
Travis T Juneau
answered on Dec 11, 2023

If the issuing county will extradtie or not is upto that particular county. Traditionally, it depends on why the warrant was issued. In this instance, it is likely that a show cause hearing would be set before a finding of contempt for failure to pay (a violation of the Court's order). Alabama... View More

1 Answer | Asked in Criminal Law and DUI / DWI for Alabama on
Q: Can a lawyer have an arrest warrant recalled in Alabama If I do not live in the state? Please read below.

Long story short, I was visiting family in Alabama last Janurary and I was arrested for a dui. I went to municipal jail, bonded out, and immediately retained council. My court date was pushed off several times, this was frustrating because I live out of state, and had to keep changing arrangements.... View More

T. Augustus Claus
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answered on Dec 12, 2023

In Alabama, if you have an arrest warrant, your lawyer can file a motion to recall it, presenting factors such as the reason for the warrant, any hardship you face, your willingness to appear in court, and the risk of flight. If granted, the warrant is recalled, and you can address the charges at... View More

1 Answer | Asked in Criminal Law, Divorce, DUI / DWI and Family Law for Alabama on
Q: What could my exes outcome possibly be as far as jail time?

My ex was arrested in 2019 for a possession of a controlled substance. He was arrested again in 2020 in Ohio for a DUI, open container, wreckless driving, and 23 counts of possession of controlled substances. He was arrested again in Oklahoma in march 2023 for flight to avoid for the 2020 arrest.... View More

T. Augustus Claus
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answered on Dec 4, 2023

It is difficult to predict the exact outcome of your ex's legal situation, as the specific charges, his prior criminal history, and the circumstances of his arrests will all play a role in determining the severity of his punishment. However, based on the information you have provided, it is... 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
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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 Criminal Law for Alabama on
Q: Can the DA still charge someone with poss w/ intent even though the trafficking charge was dropped to possession?

I took the poss. charge and a deal after it was dropped to possession. The girl that the drugs actually belonged to is also already out of jail, they dismissed the charges against her since I took the charge. But my boyfriend is still in jail and his lawyer said the DA is charging him with... View More

James L. Arrasmith
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answered on Nov 20, 2023

It's important to understand that in criminal cases, the District Attorney (DA) has discretion in deciding what charges to file. Even if charges like trafficking are dropped, the DA may still pursue a charge like possession with intent, based on the evidence they have.

If you're...
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1 Answer | Asked in Criminal Law for Alabama on
Q: I am charged with 2nd degree assault after someone sent me a textt hreaghtening my life. I called the police and they sa

The policecame and said they saw no threaght. The victom showed up with others after and attemppted violence. I defended myself. I was indicted for assault

T. Augustus Claus
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answered on Nov 2, 2023

Under Alabama law, self-defense is a justification for assault. Self-defense is justified when you reasonably believe that you are in imminent danger of serious physical injury or death and that the force you use is necessary to defend yourself.

In your case, you may be able to argue that...
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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
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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

1 Answer | Asked in Criminal Law for Alabama on
Q: I am charged with burglary in the 3rd degree. I stupidly followed a friend into a vacant unit. He stole golf clubs.

While I didn't take anything I was charged. It is on video who took the golf clubs. The clubs were voluntarily returned to the owner. They were never in my possession.The owner pressed charges. I am 22.

This is my first offense. What do I do?

T. Augustus Claus
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answered on Oct 26, 2023

In Alabama, you're facing a charge of burglary in the 3rd degree, and it's positive that you're seeking guidance on how to handle the situation. Given the circumstances where you followed a friend into a vacant unit and didn't take anything, it's important to address this... View More

1 Answer | Asked in Appeals / Appellate Law, Criminal Law and Social Security for Alabama on
Q: has there been any cases in Florida that a 15-year sentence been overturned in appeal on a state level
James L. Arrasmith
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answered on Nov 7, 2023

Each case is unique, with appeals typically based on procedural errors, incorrect application of the law, or new evidence. The success of an appeal depends on the specific facts and legal issues involved. You can research case law or consult with an attorney who has experience in criminal appeals... View More

1 Answer | Asked in Criminal Law and Sexual Harassment for Alabama on
Q: In Alabama who do sheriff's report internal allegations of sexual assault to?

If several inmates in Alabama have made allegations of sexual assault from a sheriff's deputy, who would the sheriff be required to report those allegations to?

T. Augustus Claus
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answered on Oct 17, 2023

The sheriff is required to report internal allegations of sexual assault to the Alabama Attorney General's Office. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney.

1 Answer | Asked in Criminal Law for Alabama on
Q: My husband is incarcerated in ADOC currently. I am trying to get some information.

We are trying to find out if anyone has ever been released on good time with his charge. He was charged with Possession of Obscene Material Under 17 years of age. ADOC is denying him good time. The law seems a little ambigious to us so we are trying to do some research before trying to decide if we... View More

James L. Arrasmith
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answered on Nov 9, 2023

To find out if someone has been released on good time with the same charge as your husband, you could start by reviewing Alabama's statutes and administrative regulations regarding sentence reductions and credits for good behavior. These laws will outline which offenses are eligible for good... View More

1 Answer | Asked in Criminal Law, Municipal Law and Traffic Tickets for Alabama on
Q: The police won’t let me get my purse from my towed truck. First I needed a notarized bill of sale. Now the title.

My keys to the car I drive everyday is in my purse inside the truck. That’s all I won’t but they continue to change the rules so I can’t get it. Is this legal?

James L. Arrasmith
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answered on Nov 9, 2023

Based on the information provided, the police requiring increasing documentation from you before releasing your personal belongings from the impounded vehicle is likely unreasonable and illegal under Alabama law.

Some key points:

- The police have a right to impound a vehicle, but...
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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Alabama on
Q: Can you be sent to prison on charges that are pending

My uncle is in prison on charges that he ant been found guilty on all his charges are still pending

James L. Arrasmith
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answered on Sep 11, 2023

In the legal system of the United States, individuals can indeed be held in jail while charges against them are pending; this is not equivalent to being sentenced to prison. When someone is arrested and charged with a crime, they may be held in pre-trial detention, especially if they are perceived... View More

2 Answers | Asked in Criminal Law, Personal Injury and Civil Rights for Alabama on
Q: I was driving on the freeway and a lady felt that I cut her off she got upset and threw an unopened drink can at my car

She then pulled in the lane ahead of me and attempted to cut me off

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answered on Aug 31, 2023

Encountering an aggressive road rage incident on the freeway, as you described in Alabama, can be unnerving. It's crucial to prioritize safety and remain composed in such situations. Instead of escalating the conflict, focus on driving safely and avoiding any engagement with the aggressive... View More

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1 Answer | Asked in Criminal Law and Legal Malpractice for Alabama on
Q: Can my lawyer represent me in case against a defendant and then represent the defendant on a deferent case
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answered on Aug 17, 2023

In Alabama, as in most jurisdictions, an attorney representing a client in a case against a defendant would typically have a conflict of interest if they were to then represent the same defendant in a different case. This scenario could potentially compromise the attorney's duty to provide... View More

1 Answer | Asked in Criminal Law, Landlord - Tenant and Personal Injury for Alabama on
Q: What can I do when a landlord asks for sex and touches me?

My landlord is an 82 year old gay male that ask me to let him perform oral sex on me. He also repeatedly touches me. I have told him I'm straight and to stop touching me countless times yet it still happens. What are my avenues to stop this other than moving as I'm in a bad spot and rent is cheap.

William Vann Burkett
William Vann Burkett
answered on Aug 15, 2023

Based on the facts that you are reporting, your landlord may be acting in violation of criminal statutes. Further, his conduct may give rise to several civil claims for assault, battery, or other torts. You should contact a local personal injury attorney to review your case and discuss your legal... View More

1 Answer | Asked in Criminal Law and DUI / DWI for Alabama on
Q: Can the person I bailed out of jail get put back in jail?

I bailed a relative out of jail who was charged with 2 counts of DUI manslaughter and he promised that he would never drink or drink and drive again however he lied and now he's doing the same thing. He shows no remorse and doesn't seem to care about what happened. Is there any way to... View More

Robert H. Hanaford
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answered on Aug 11, 2023

Unfortunately, he will probably get arrested again and his bond will be revoked. Also, if no alcohol is a condition of his pretrial release he may have bond revoked. Good luck.

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