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Alabama Questions & Answers
1 Answer | Asked in Criminal Law for Alabama on
Q: Can an inmate in prison file for a motion of reconsideration after serving 7 years in prison
Kate Furek
Kate Furek answered on Dec 4, 2020

To assist with a motion for reconsideration, you should contact an Alabama attorney experienced in post-conviction work. These kinds of legal battles can be very complicated and should be handled by a competent attorney.

1 Answer | Asked in Criminal Law for Alabama on
Q: I was caught shoplifting less then 60 $ -2yr ago should I be put on color code Ive done did 4 mth in jail an 2yr proba

Please help before I go back jail I've did already 4 months an 2 years probation my probation was up last month an I'm still having to report color code I don't think it's right me being on color code

Kate Furek
Kate Furek answered on Dec 4, 2020

If you had an attorney when you first went to court, you should contact that attorney for help. If you didn't have an attorney, you have a few options.

If you have been compliant with probation and color code, you can try writing the judge a letter by sending it to the clerks office...
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1 Answer | Asked in Criminal Law for Alabama on
Q: What does CRO Program mean in the state of Alabama?

My husband was placed on 5yrs of Community Corrections in July of this year after pleading guilty to a possesion (Class D) felony. To make a really long story short, he checked in with the community corrections officer on 10-26-20 and taken into custody by way of bench warrant for failure to comply... Read more »

Kate Furek
Kate Furek answered on Dec 4, 2020

If your husband had an attorney when he pleaded guilty to the original UPOCS, you should contact that attorney. Defendants who are placed on Community Corrections supervision are in the custody of ADOC, so "revocation" and violations work differently than probation if he has been on... Read more »

1 Answer | Asked in Employment Law for Alabama on
Q: I need help. I am getting my wages garnished due to a medical bill that I have not had the money to pay b/c of Covid-19

I’ve been affected by COVID-19 twice in the last 8 months and have not had a steady pay due to not being able to work. I was sick with it twice and I do not have a full time position job or even part time. I am only as needed so I get about 25-35 hours a week and I get paid bi weekly so it’s... Read more »

Sarah S. Shepard
Sarah S. Shepard answered on Dec 4, 2020

I'm sorry to hear about your situation. That sounds very hard. Alabama law allows people with judgments against them to exempt the first $1,000.00 of each month's wages from garnishment by a creditor (including a hospital). Here is a new story about the exemption:... Read more »

1 Answer | Asked in Elder Law for Alabama on
Q: Do I need a power of attorney to accomplish this? See more information*

*My mother is in a common law marriage recognized by the state of Alabama. She has fallen ill and my step dad wants me to make all medical decisions.

Sarah S. Shepard
Sarah S. Shepard answered on Dec 4, 2020

Yes, your mother would likely need a living will and an advanced healthcare directive to make her decisions known and to give you the power to make medical decisions on her behalf. Here is a little more information on advanced healthcare directives in Alabama:... Read more »

1 Answer | Asked in Animal / Dog Law for Alabama on
Q: Question about Pet custody.

In 2013 my husband and I purchased a family dog and of course let his daughter pick out and name the dog. Now she 17 and no longer comes to visit. Her Mother his ex wife is now suing us for custody of max the dog. she has no monetary ownership nor has the dog ever lived with her. they had been... Read more »

Kristina M. Bergsten
Kristina M. Bergsten answered on Dec 2, 2020

Probably not. She has no ownership interest. That said, people can sue for anything. The clerks at court do not have the authority (or time) to screen cases to see whether they are valid or not. The real question is whether the person filing the suit will win. Based on what you said, it sounds like... Read more »

2 Answers | Asked in Bankruptcy for Alabama on
Q: I am hoping to convert from.a 13 to a 7. Since my 13, my 19 year old daughter has been working, whom still lives

At home with me. Will the courts consider her income as part of mine? Even though i do not use her money as contribution to my household?

Kevin M Ryan
Kevin M Ryan answered on Dec 1, 2020

If you schedule your sole income and your sole expenses on Schedules I and J, your daughter's income from her employment should not be factored in. The corollary to that assumption is that your daughter earns just enough to pay for things like her vehicle, insurance, food ( at school or her... Read more »

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1 Answer | Asked in Animal / Dog Law for Alabama on
Q: Can I shoot a dog for killingy cat on my property

Dog has killed other neiborhs animals but no proof

Kristina M. Bergsten
Kristina M. Bergsten answered on Nov 27, 2020

No. Call animal control to report the attack.

1 Answer | Asked in Wrongful Death, Animal / Dog Law and Civil Litigation for Alabama on
Q: I think a vet clinic is responsible for the death of my cat, any advice?
Kristina M. Bergsten
Kristina M. Bergsten answered on Nov 25, 2020

You’ll have to either sue or file a complaint with your local licensing board.

1 Answer | Asked in Child Custody and Child Support for Alabama on
Q: Can i get all rights to my son full custody would be even better??

My ex girl friend and i had a baby he is currently about 6 months old she split i haven't heard from our son in 2 months.we both made agreement off the record. That when she left i would keep in contact and i would get pictures from him everyday. I dont know where she is i dont know how my son... Read more »

Sheila Crumley Field
Sheila Crumley Field answered on Nov 25, 2020

You need to see a domestic relations attorney as soon as possible to obtain legal representation and get something filed immediately to obtain custody of your son. Good luck

1 Answer | Asked in Civil Rights and Criminal Law for Alabama on
Q: Civil or criminal charge?

Gave a business $2900 to order parts for my car. Decided afterwards i no longer wanted the work done.. owner of the business said that was fine, and he would return me my money when he refunded the parts.. he refunded the parts and got the money back but the bank supposedly froze his bank account..... Read more »

Sheila Crumley Field
Sheila Crumley Field answered on Nov 25, 2020

It can actually be both. Since no work was done and he converted your money into his money and you got nothing for it, then that can be construed as Theft by Deception 1st, a class B Felony since he has taken your money and not returned. Talk to the police or sheriffs office in your county about... Read more »

1 Answer | Asked in Family Law, Child Custody, Civil Rights and Domestic Violence for Alabama on
Q: I have recordings proving abuse & negligence by my baby's father. Can I use this to keep him away from her/protect her?

He recently got a domestic charge (3rd degree) with another woman (called in by his neighbors). I spoke to a previous girlfriend as well & both tell me horrible things he's done to them (text).

He put our infant daughter in danger many times & screamed at her, tossed her onto... Read more »

Sheila Crumley Field
Sheila Crumley Field answered on Nov 23, 2020

You have all the rights. Do not let him bully you into seeing her and possibly hurting her. You do not have to let him see her and it is bad for you if you do, knowing what he does. Go to DHR and sign up for child support. They do not do visitation nor custody. He will have to get a lawyer to get... Read more »

1 Answer | Asked in Family Law, Child Custody, Child Support and Health Care Law for Alabama on
Q: My niece has never been to school and she is now almost 16 years old , can her mother get in trouble ?

The two sisters are 8 and 11 and have never been to school either and their brother is almost 18 . She was saying she homeschooled the children yet never did so . The children do not know how to spell , know their left from right and can hardly even add or subtract . Yet alone don’t even have... Read more »

Kristine Jones
Kristine Jones answered on Nov 23, 2020

The county DHR can help. Best of luck.

1 Answer | Asked in Traffic Tickets for Alabama on
Q: If I got a ticket for my headlight being out and didn't get it fixed within 72 hours? Can I still have it dismissed

My court date is next month on the 17th. Can I still have it dismissed or do I have to pay a fee?

Sheila Crumley Field
Sheila Crumley Field answered on Nov 22, 2020

As long as you get it fixed before court. If you’ll show the fixed headlight to an officer with the department of the one that gave you the ticket, they will dismiss it.

1 Answer | Asked in Immigration Law for Alabama on
Q: Hi I am currently on a U3 Visa dependent on a child of the U-1 visa . I travelled abroad how can I return

I am a current dependent of a u1 visa so I currently hold a U3 visa. I travelled abroad by myself and was wondering about re-entry into the U.S. My visa does state I am allowed to re-enter however it says that I would need to apply for a u-visa at an us embassy or obtain a waiver. I was wondering... Read more »

Adan Vega
Adan Vega answered on Nov 22, 2020

You will need to apply for the U-3 at the U.S. consulate in your home country. You should contact the U.S. consulate near your home to obtain instructions as to the local procedures and timeline for visa issuance. You may be required to file a waiver depending on your immigration background /... Read more »

1 Answer | Asked in Child Support for Alabama on
Q: Can you file for child support if you aready did and didnt go thru wirh it? Can i file for child support again?

Me and father were trying to work on things but it seems he has went a-wall and now i cant get him to answer me. He has left me wirh no money a car that needs fixed and i have no job with raising 3 kids but 2 are his. I have no babysitter in the worst time right now and no way to get to a job.. My... Read more »

Sheila Crumley Field
Sheila Crumley Field answered on Nov 21, 2020

Go to the local DHR. They will be able to file for child support. But in the interim, they will also be able to provide you with aide to dependent children until he gets served. They can also help with housing and also food stamps. Good luck!

1 Answer | Asked in Child Custody for Alabama on
Q: If a mother allows their child to go with the father and he doesn't bring her back at certain time,what does she do

There is no court visitation agreement, just verbal. Childs parents never married. Father only has child support court agreement.

Sheila Crumley Field
Sheila Crumley Field answered on Nov 21, 2020

Then she can have him arrested for interference with custody. If there has never been a custody determination, only child support, regarding an unmarried couples child in Alabama, then the mother is deemed to have full custody. And if the father doesn’t return the child, then he can be arrested... Read more »

1 Answer | Asked in Car Accidents for Alabama on
Q: In Alabama, if unauthorized driver wrecks my rental car can I be arrested? I

I have my own insurance but my brother not covered.

Tim Akpinar
Tim Akpinar answered on Nov 20, 2020

An Alabama attorney could answer best, but your question remains open for five weeks. Most motor vehicle accidents do not involve criminal charges or arrest. They are usually treated as civil matters where the parties sue for monetary damages. That's a general premise nationwide. If you want a... Read more »

2 Answers | Asked in Divorce, Family Law and Child Support for Alabama on
Q: I'm paying child support for two children. One is now age 19. Does support automatically stop for him?

Do I have to send a request to the court? The mother and myself are in agreement with modifying the support, if it is not automatic. I just need to know what steps to take - i.e. forms, letter(?), etc. Are there fees?

Shane Michael Oncale
Shane Michael Oncale answered on Nov 18, 2020

You have to go back to court for you child support to be reset with a new calculation done for the remaining child. By the way, it does not cut in half.

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1 Answer | Asked in Divorce for Alabama on
Q: How can I make my husband pay me while going through a divorce? He recently put me out of the house and filed.

We were talking and I mentioned to him that I thought our time had expired. He proceeded to tell me he wanted my things packed and moved out of the home the next day. I had nowhere to stay. I’ve been looking for a home. He called and harassed me about looking for a home with his knowledge. I’ve... Read more »

Shane Michael Oncale
Shane Michael Oncale answered on Nov 18, 2020

There is always temporary relief or as the law calls it pendente lite relief available and you need to seek it yesterday. You are really behind on these issues and he should not have and would not have been allowed to do some of the things he has already done if you had a lawyer and could get... Read more »

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