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Alabama Civil Rights Questions & Answers

1 Answer | Asked in Business Formation, Civil Rights, Constitutional Law and Criminal Law for Alabama on

Q: I have a summary and a class action and even a business ideal made and would like to send it to a lawyer

I have been working on this for months and would love to have a lawyer look at what i have and give me their opinion

Gary Kollin answered on Sep 14, 2019

You must contact lawyers individually and personally

1 Answer | Asked in Civil Rights for Alabama on

Q: Military Veteran's rights violated?

Military Veterans rights violated? I listed a computer for sale on a local website in NC. An individual contacted me to purchase the computer. While the individual was at my house to look over the computer, he told me of his suspicion that I might be a scammer. Then he said he worked for the... Read more »

Gary Kollin answered on Jun 25, 2019

How do you know the person actually saw your records or was scamming you?

1 Answer | Asked in Civil Rights and Constitutional Law for Alabama on

Q: Is it possible to sue for violation of 42 U.S.C. 9501?

Mitchell G. Lattof Jr answered on Jun 13, 2019

Probably not. If you read this provision (also known as the Bill of Rights for Mental Health Patients), it does not appear to contain any mandatory language. It is merely a RECOMMENDATION from Congress to the states of what the states "SHOULD" do to provide for rights and treatment of mental health... Read more »

1 Answer | Asked in Consumer Law, Contracts and Civil Rights for Alabama on

Q: A ex friend has a fourwheeler of mine that he agreed to make payments can I get it back?

I wrote up a contract stating terms and conditions payment date and total amount owed we both signed but had no witness or notary is this contract legal and how can I get my fourwheeler back since we are no longer friends and I have someone willing to get it out of my name and in theirs.

Bruce Alexander Minnick answered on May 29, 2019

It appears the contract is legal which means you can enforce it in an Alabama court.

1 Answer | Asked in Civil Rights and Criminal Law for Alabama on

Q: So no lawyer out there is familiar with law enforcement misconduct? Or civilian civil rights?

Maybe you all just have the same disease as the Lion in Wizard of Oz.

If you have no idea what I am referring to, my last unanswered question will broaden your mind.

I like to get to my point without adding any BS to ensure my point gets across. Been waiting 3+ months for an answer... Read more »

Gary Kollin answered on May 24, 2019

You really expect someone to jump to your aid by first insulting them and calling them a coward?

1 Answer | Asked in Personal Injury, Civil Rights, Environmental and Landlord - Tenant for Alabama on

Q: I was told by the apartment management where I live that the manager doesn’t like me because I Jewish- I

I was prohibited from putting up a small menorah on my patio while other residents were decorating with trees and Christmas stuff- I have had 4 major leaks and floods and have mold- the second time they left holes half my height in my kitchen and bedroom for two months without fixing- the remedy... Read more »

Peter N. Munsing answered on Jan 23, 2019

Contact the ADL for your area. Call national if you're not sure. https://www.adl.org/take-action/report-an-incident

1 Answer | Asked in Family Law and Civil Rights for Alabama on

Q: I'm 19 and I just left home in the state of Alabama but I'm still in high school can my dad pull me out ?

Mr. James Parrish Coleman answered on Oct 8, 2018

Welcome to the world, baby girl/boy!! You are an adult now, and your father has no obligation to support you. If he wants -- you are completely on you own. You probably want to make grown up decisions, like leaving home, so here you are. He does not have to house or support you if he does not... Read more »

1 Answer | Asked in Civil Litigation, Traffic Tickets, Civil Rights and Constitutional Law for Alabama on

Q: what are my options to hold an officer accountable for violating several of my rights during a routine traffic stop?

is there no accountability to hold the officer accountable should he pull you over for no reason, lie about what he pulled you over for, fabricate some sort of probable cause evidence to search my car without my consent, forces me to stop recording the stop with my phone, two diff officers tell me... Read more »

Gary Kollin answered on Sep 21, 2018

I told you on that without writing in sentences beginning with capitals and ending with periods, it is impossible to be certain enough to respond accurately. Your writing is a single run-on sentence.

1 Answer | Asked in Civil Litigation, Traffic Tickets, Civil Rights and Constitutional Law for Alabama on

Q: during a traffic stop, can an officer lie to me about catching me on radar, then fabricate the speed he cites me for

my vehicle is equipped with an accurate speedometer,and i also employ an app that records my rate of travel along with the date and time and does so by GPS so is very accurate.both of my devices showed that i was traveling 43mph in a 40 zone,so i understand I was 3mph over,but during the stop, i... Read more »

Gary Kollin answered on Sep 20, 2018

Are you seriously asking if a police officer could invent evidence ?

1 Answer | Asked in Criminal Law, Divorce, Civil Rights and Domestic Violence for Alabama on

Q: Hello, I am 75 years old, I have filed for divorce in Florida, we live with our son in Alabama,

Last night she called the police because I asked her to pay the bills on the 4th of next month, the police came and asked me to leave, I am a senior disabled handicapped male with 8 back surgeries and an Cardiac stent.

I see no reason for this type of treatment by the police, I had to leave... Read more »

Mr. James Parrish Coleman answered on Aug 28, 2018

I am an Alabama Lawyer. I don't handle Fla. divorces

1 Answer | Asked in Family Law, Child Custody and Civil Rights for Alabama on

Q: I found out my son isnt mine and no we were never married can she have my rights taken away and me taken off the B-certi

We are no longer togeather and she is talking to his biological father

Mr. James Parrish Coleman answered on Feb 15, 2018

Have you ever been to court on this? Have you ever been legally found to be the father by a Court? What makes you believe that you have any rights to a child to whom you were never legally adjudicated the father and who was not the child of a marriage. You need to see an attorney who will give you... Read more »

1 Answer | Asked in Civil Rights and Criminal Law for Alabama on

Q: Can I sue a city for ignoring pleas for help because of abuse by their employee ? Police Officer.

I am separated from my husband which is a police officer and I have begged his chief and the mayor for help to stop him and they sweep it under the rug,They know he does it on duty,uses their car and leaves the city to chase me,he has been arrested for domestic violence and still has his job and... Read more »

Samuel G McKerall answered on Jan 12, 2018

You are not the first person to face this problem, and you will not be the last. However, assuming that the facts are as you say, a good, aggressive plaintiff's lawyer stands a good chance of filing suit and winning and getting you meaningful relief and damages. Naturally, these kinds of cases are... Read more »

1 Answer | Asked in Criminal Law, Traffic Tickets and Civil Rights for Alabama on

Q: IF I have marijuana in my car and I get stopped by the cops and I give no suspicion but they ask to search and I say no

... and I say no to the search and they bring the dogs out and the dog finds it is that evidence in court ?

Samuel G McKerall answered on Dec 17, 2017

The answer depends on the reason the officers state was the reason they pulled you over. IF, and that's a big IF, the officers had no legitimate reason for the stop AND IF they admit that, the marijuana they seized should not be admitted into evidence against you. If, on the other hand, the... Read more »

1 Answer | Asked in Civil Litigation, Civil Rights, Landlord - Tenant and Libel & Slander for Alabama on

Q: I'm renting a home on a month to month leases. I have rented property 3 months, & rent & water was drafted each week.

The Landlord sold property out from under me,&had said that I could buy the property & home ,having first choice of buying. The Landlord has made things inhabitable&unsanitary by cutting off the water. I dont know if property has sold or not, because Landlord has lied & mislead me in the process.... Read more »

Samuel G McKerall answered on Dec 11, 2017

The standard drill would be for me to tell you to hire a lawyer but I can tell you can't afford one. We do have legal aid in some counties in Alabama, but with your response due tomorrow (well, today, now - Tuesday) you don't have time to go to them to see if you qualify.

Here's a couple...
Read more »

2 Answers | Asked in Personal Injury, Car Accidents, Child Support and Civil Rights for Alabama on

Q: In Alabama if you are receiving a personal injury settlement from a car accident,can they take the entire settlement?

Mr. James Parrish Coleman answered on Oct 13, 2017

Are you asking if the state can garnish the award for past due child support? Yes.

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1 Answer | Asked in Family Law, Child Custody and Civil Rights for Alabama on

Q: Mom & dad have never been married. The dad takes the baby and leaves the home, won't tell where they are. What happens?

Mother and father had a fight last night. He took their daughter to his mothers. This morning the dad, daughter, and dads mom left without telling the mother and won't tell the mother where they took her daughter. No custody agreement has been filled. The father is on the birth certificate. They... Read more »

Mr. James Parrish Coleman answered on Oct 3, 2017

You can't kidnap our own child. The father is on the birth certificate, which raises a presumption of paternity, but does not quite make him the legal father. Mom's remedy is simple. Get to Court -- today -- and file a petition for paternity. Along with that file an instanter ordering the child be... Read more »

1 Answer | Asked in Child Custody, Civil Rights and Juvenile Law for Alabama on

Q: I'm 17. My girlfriend is 15, is there any way we can get married without parental consent? Her parents are abusive

I will be 18 in November she will be 16 in April her parents are 50 and 60 she is very mature for her age, we both agree that she doesn't need to be in here home. I don't want to get her pregnant because of religious reasons. Is there any way possible we can get married without consent. I live in... Read more »

Mr. James Parrish Coleman answered on Sep 15, 2017

No. She is a minor and so are you. You can't get married without your parents consent and she can't get married at all. If you are having sex with her and she is under 16 and if you are more than 24 months older than she is you can be exposed to criminal prosecution for having sex with her. You... Read more »

1 Answer | Asked in Civil Rights and Juvenile Law for Alabama on

Q: A 16 year old girl that has a baby wants to move out of her moms house can age do that?

Mr. James Parrish Coleman answered on Sep 15, 2017

A 16 year old is still a minor, just because she has a baby does not mean that she is emancipated. If she is a child who is in need of supervision -- that is if her parents can't seem to handle her -- the law allows the parents to call on the State of Alabama (DHR) to assist in what's called a... Read more »

1 Answer | Asked in Criminal Law and Civil Rights for Alabama on

Q: Can I seek justice for a wrongful arrest?

I was arrested on a felony charge and spent 7 hours in a county jail before my release. To my knowledge i have to see judge before being released. When I asked why was they releasing me they claimed to be an error in the system

Mr. James Parrish Coleman answered on Sep 13, 2017

The question is, were you charged with anything? Is there still a pending charge? If you were arrested, and the arresting authority then released you and did not charge you because they confused you with someone else, you will generally have to prove that the officer who arrested you acted... Read more »

1 Answer | Asked in Real Estate Law, Civil Litigation, Civil Rights and Municipal Law for Alabama on

Q: Can the HOA of a residential neighborhood have a guest's vehicle towed?

The streets are not private and are county owned (i.e.: there is no gate requiring entry to the neighborhood, city police do not patrol, but the sheriffs do.) Guest vehicles are explicitly omitted from the CCR. And I quote,"Nothing contained in this paragraph shall preclude guests or invitees of... Read more »

Samuel G McKerall answered on May 9, 2017

Interesting question well presented. The only way to a legal answer will be by consulting a local lawyer who has experience with subdivisions, developments, owners' associations and permitting, He will have to review the homeowners' association forming documents and its rules and regulations... Read more »

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