Lawyers, Answer Questions  & Get Points Log In
Alabama Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law and Probate for Alabama on
Q: My husband was sentenced to 45 days in jail on July 18th but was arrested on July 14th when would his sentence start.

My husband was arrested on July 14th he was sentenced on July 18th to 45 days for probation revocation in Mobile Alabama he's wondering when his actual sentence starts.

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 7, 2023

If he did not bail out he should get credit for time served since the arrest. This should have been addressed in Court when convicted on the 18th.

1 Answer | Asked in Criminal Law for Alabama on
Q: Is there any law against someone buying on credit with never intending to pay for it?

I have customers that finance their home furnishings and never make the first payment. Purchases range from 500-9000

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 3, 2023

Engaging in the act of purchasing items on credit with no intention of paying for them is generally considered fraudulent and illegal. This type of behavior is commonly known as "fraudulent inducement" or "fraudulent misrepresentation."

If a person intentionally enters...
View More

1 Answer | Asked in Criminal Law for Alabama on
Q: Can gps information be used in a criminal case if it was not obtained with a warrant in al
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 20, 2023

The use of GPS information in a criminal case without a warrant can be a complex legal issue, and it often depends on the circumstances and applicable laws in the jurisdiction where the case is being tried.

In 2012, the U.S. Supreme Court addressed the use of GPS tracking in criminal cases...
View More

2 Answers | Asked in Criminal Law, Military Law and Wrongful Death for Alabama on
Q: I am not sure what kind of lawyer I need to talk to.

My son was shot and killed March 2020 he was a US Army soldier that was shot by another soldier in that soldier's home. They claimed that it was an accidental shooting. They close my son's case May 11th of this year. I don't believe my son's case was properly investigated... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 11, 2023

I am so sorry you are dealing with this. There are a few different types of lawyers who might be able to help. A wrongful death lawyer could help file a wrongful death lawsuit if appropriate. A civil rights lawyer could help investigate whether your son's civil rights were violated. A criminal... View More

View More Answers

1 Answer | Asked in Criminal Law for Alabama on
Q: I missed court cause of family problems and my charge was eluding but I was the passenger and now I have a warrant

I tried contacting them no answer what should I do ?

Don Oliver Keene
Don Oliver Keene
answered on Jul 4, 2023

You should get a local criminal defense attorney, if you cannot afford one, you can surrender yourself (which you will likely have to do at some point or another now anyway) and assert your right to be appointed an attorney and you will get a Public Defender or another court appointed attorney. It... View More

2 Answers | Asked in Criminal Law, Civil Rights and Landlord - Tenant for Alabama on
Q: I live in apartment complex and my neighbor across from me keeps recording everything I do and turns it in

She turns in who comes to my apartment who leaves if someone is smoking every little thing I do I don't bother her I stop any company after 10 pm

Don Oliver Keene
Don Oliver Keene
answered on Jun 14, 2023

This is tricky, its riding the line. It's not quite harassment under Code of Alabama §13A-11-8, because there is no contact or obscene gesture and it's not quite violating Ala. Code § 13A-11-30 about videotaping others because outside of your apartment you do not have a reasonable... View More

View More Answers

1 Answer | Asked in Criminal Law for Alabama on
Q: Always wondered if you where charged with murder and then found innocent. They can't charge you again right

Couldn't you then kill someone and not get charged because of Double Jeopardy.

And what if the person was missing and they thought you killed them and then they were found couldn't you kill them since Double Jeopardy. And if they did you could sue them for double jeopardy(heard... View More

Don Oliver Keene
Don Oliver Keene
answered on Jun 4, 2023

No.

So, Double Jeopardy applies to the specific act. So, if you were charged with killed Person A who is actually away on vacation, then you are put on trial and convicted for murder of Person A, then person A shows up alive and well so you are released. If you then intently kill person A...
View More

1 Answer | Asked in Criminal Law, Civil Rights and Legal Malpractice for Alabama on
Q: Is the Attorney obligated to represent client?

An attorney filed a petition for expungement for his client. The Court grants an Order for the Expungement. The Police violate the Court Order. Is the Attorney ethically obligated to file a motion for Contempt against the Police on behalf of his paying client?

Joel Gary Selik
Joel Gary Selik
answered on Apr 17, 2023

No. Unless the fee agreement indicates otherwise, or is not specifically limited, the attorney's duties end on the job hired for is completed.

1 Answer | Asked in Criminal Law for Alabama on
Q: My husband graduated drug court in 2015. If he is charged again will the previous charges affect him
Travis T Juneau
Travis T Juneau
answered on Apr 11, 2023

It will affect a new charge but will not be counted as a prior conviction if the drug court charges are dismissed. The prosecutors will consider it, and the fact that he has been through drug court in the past may limit your husband's options. Still, if he is found guilty of the new offenses,... View More

1 Answer | Asked in Criminal Law for Alabama on
Q: My husband was already on bond and got arrested with new charges and a bond was set for those charges but they revoked h

His bond , how can I get it reinstated

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

Now that your husband's bond has been revoked by court order, there are only two ways for him to be eligible to make bond in the new case 1) a new court order reinstating his bond would make him eligible for release or 2) the older case gets resolved thus taking him off bond in that case. The... View More

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Alabama on
Q: What is a certain issue

I was told my case needed investigation of certain issues

Travis T Juneau
Travis T Juneau
answered on Feb 7, 2023

A "certain issue" is another way of saying that there are red flags in your case that someone noticed that need to be explored further. It is the generic term for a discrepancy in the facts or a legal issue that needs to be answered before someone, likely your attorney, feels comfortable... View More

1 Answer | Asked in Criminal Law for Alabama on
Q: I was searched by two state troopers an no drugs recovers but I gave the drugs to ambulance guy in the back of ambulance

I had the drugs o my nuts he acted like he was gone get rid of them or I would have just dumped it in the hospital room bathroom I faked the home event to get rid i f the drugs he gave it to them at hospital an they charged me with it .. that ain't legal right

Travis T Juneau
Travis T Juneau
answered on Jan 24, 2023

If I understand your story correctly, you faked an injury so that you would be taken to the hospital so that officers, who were searching your car, would not find the drugs that were hidden in your trousers. In the ambulance, you gave the drugs to the paramedic, who, in turn, gave them to the... View More

1 Answer | Asked in Consumer Law and Criminal Law for Alabama on
Q: In Alabama If someone doesn’t pay after having a debt judgement against them can they be jailed for contempt of court

Ex husband of person who received letter passed away about 4 years ago. Judge in divorce case said he was to pay the debt. She got a letter saying she had ten days to pay or at end of ten days she has to surrender to law enforcement

Allan Lamar Armstrong
Allan Lamar Armstrong
answered on Jan 11, 2023

If it's a failure to pay court ordered child, then it's not the same as an ordinary money judgment. Contempt is possible based on noncompliance with a court order.

1 Answer | Asked in Criminal Law for Alabama on
Q: My neighbor burned my house down and was found guilty,the local DA got him out with understanding I was to receive

My money loss ,time has passed no money,and criminal has sold his house no word from criminal or DA,do I have any rights or options to try to cover my loss,

Travis T Juneau
Travis T Juneau
answered on Jan 24, 2023

You should call a personal injury attorney in your area to determine if you can and should file a civil lawsuit against your neighbor.

1 Answer | Asked in Criminal Law for Alabama on
Q: Unlawful distribution/furnc what does furnc mean
Travis T Juneau
Travis T Juneau
answered on Dec 21, 2022

It is short for furnishing, as in making available or transferring.

1 Answer | Asked in Criminal Law for Alabama on
Q: I got pulled and got charge with control substance signed my self out on bond and now they want me to give them names i

Iam scared

Hayden Glass Sizemore
Hayden Glass Sizemore
answered on Dec 30, 2022

You should hire an attorney. Attorneys generally advise defendants not to make statements to law enforcement.

1 Answer | Asked in Criminal Law for Alabama on
Q: I just got convicted of a felony in Indiana. In Alabama whr i live, same offense is a misdemeanor. How does tht work?

Resisting with a motor vehicle level 6 felony in Indiana. Its a misdemeanor in alabama. How does that work.

Hayden Glass Sizemore
Hayden Glass Sizemore
answered on Dec 30, 2022

State laws vary from state to state. If the crime was committed in Indiana, then Indiana law applies. Whether Alabama considers it a misdemeanor is irrelevant.

1 Answer | Asked in Criminal Law for Alabama on
Q: If I go to court on Elmore county charge and have a warrant for Millbrook City will I go to jail at court
Hayden Glass Sizemore
Hayden Glass Sizemore
answered on Dec 30, 2022

You might. If you have a warrant in Millbrook, you should probably arrange to turn yourself in so that you do not have to worry about being arrested in court or on a traffic stop, etc. I would arrange for someone to post your bond, and go ahead and turn yourself in. Millbrook will eventually catch... View More

1 Answer | Asked in Criminal Law for Alabama on
Q: I was recently pulled over, the officer didn't give reason to why he pulled me over.but he cited me for driv w/ susp &

switched tag. also, I had a warrant for FTA on prev Dr w/susp. I was cuffed put in back of patrol car immediately. he began to search vehicle w/o my knowledge and completely out of sight. he then brought to my attn he found something. he proceeded to pull a Ziploc bag from his shirt pocket... View More

Cy Matthew Abdo
PREMIUM
Cy Matthew Abdo pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 5, 2022

You will need consult with an attorney licensed to practice law in your home state which appears to be Alabama. Attorneys are required to meed specific qualifications in order to practice in another state. The warrant made it legal for the police to detain you and search your vehicle prior to... View More

1 Answer | Asked in Business Law, Civil Litigation, Criminal Law and Products Liability for Alabama on
Q: Does the law allow Repo agent to search a repoed vehicle? What does the law require of guns found in recovered vehicle?
Allan Lamar Armstrong
Allan Lamar Armstrong
answered on Aug 26, 2022

Normally, an inventory of personal property is taken. The owner should then be allowed to retrieve the property.

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.