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Alabama Civil Rights Questions & Answers
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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1 Answer | Asked in Libel & Slander, Contracts and Civil Rights for Alabama on
Q: I was 13 days late on payment and my insurance did laps. He took my car and harassed me in the process? What do I do?

I reassured him I wanted to pay the payment and fee and possibly buy the car out I was denied he charged me $250 to get my belongings and kept telling me what he felt like I did wrong in his car he kept up with where I traveled, where, and caused confusion within my home. He harassed me and spoke... View More

James L. Arrasmith
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answered on Oct 19, 2024

I'm really sorry you're going through this difficult time. First, make sure to document every interaction you have with him, including dates, times, and what was said or done. Keep all receipts and records related to the $250 charge and any other expenses you've incurred.... View More

1 Answer | Asked in Libel & Slander, Contracts, Antitrust and Civil Rights for Alabama on
Q: I was 13 days late on payment and my insurance did laps. He took my car and harassed me in the process? What do I do?

I reassured him I wanted to pay the payment and fee and possibly buy the car out I was denied he charged me $250 to get my belongings and kept telling me what he felt like I did wrong in his car he kept up with where I traveled, where, and caused confusion within my home. He harassed me and spoke... View More

James L. Arrasmith
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answered on Oct 19, 2024

I'm really sorry you're going through this difficult time. First, make sure to document every interaction you have with him, including dates, times, and what was said or done. Keep all receipts and records related to the $250 charge and any other expenses you've incurred.... 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 Personal Injury, Animal / Dog Law, Arbitration / Mediation Law and Civil Rights for Alabama on
Q: What should I do for trial for receiving stolen property if I found a business' grocery cart off of the property for dog

Walking from Mississippi to Alabama with dog in cart

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answered on Sep 20, 2024

If you're facing trial for receiving stolen property after finding a grocery cart off a business property, it’s important to explain your situation clearly. Start by presenting the facts: you found the cart, used it for a practical purpose (walking your dog), and had no intention to steal.... View More

Q: I have been jailed twice over an ordinance violation in Town of Rutledge, Al &ordered to move out of storage building we

Me & husband both own property & both names are on deed,but he hasn't been jailed.Is this legal?& can an ordinance be voided for this?Also they claim they've had ordinance since 1995.Noone has heard of it till 2023.when they hired building inspector.Us &1 other are only... View More

James L. Arrasmith
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answered on Sep 1, 2024

It sounds like you're dealing with a frustrating and possibly unfair situation. If both you and your husband own the property and only you have been jailed, it could raise questions about equal treatment under the law. It may be worth exploring if there has been any discrimination or unequal... View More

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 Civil Rights, Contracts, Employment Law and Education Law for Alabama on
Q: Can my private non-profit medical school legally implement rule that a student cannot claim disability?

The rule specifically states “ Students who fail in the curriculum or who are suspended or dismissed may not claim failure due to disability if they have not previously identified the disability and requested reasonable accommodations in advance of the curricular failure”. I have a well... View More

James L. Arrasmith
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answered on Aug 31, 2024

It can be challenging to navigate this situation, but you should know that your school may be on shaky legal ground with such a rule. Disability law, including the Americans with Disabilities Act (ADA), requires institutions to provide reasonable accommodations to students with disabilities. If you... View More

1 Answer | Asked in Consumer Law, Civil Litigation, Civil Rights and Gov & Administrative Law for Alabama on
Q: Is a bill of sale still a legally valid doc (in Alabama) showing proof of ownership even though it's over 20-days old

Tow company would not accept a bill of sale that was written 31 days earlier and a title that was signed over as proof of ownership to release a vehicle. They said the bill of sale was not valid keeping the vehicle for an extra week and costing almost $1,000 more. Towing company has a reputation... View More

James L. Arrasmith
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answered on Aug 31, 2024

In Alabama, a bill of sale remains a legally valid document for proving ownership of a vehicle, even if it's over 20 days old. The towing company may have been incorrect in rejecting it based on the date alone. A signed title, along with the bill of sale, should generally be sufficient to... 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 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 Civil Rights for Alabama on
Q: Can repeated requests for emergency services be denied based on the fact you are incarcerated

In Madison County jail in Huntsville, AL? I was told since I was incarcerated I no longer got to make decisions about my medical care. Myself and several other inmates begged. This is what we were told.

James L. Arrasmith
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answered on Jul 27, 2024

You have the right to receive necessary medical care, even if you are incarcerated. Denying medical care based on your incarceration status can be a violation of your rights. Inmates should receive adequate healthcare, and if you or others are being denied emergency medical services, this could be... View More

1 Answer | Asked in Criminal Law and Civil Rights for Alabama on
Q: I'm looking for a lawyer that would take on my false imprisonment case if somebody can give me some phone numbers or.

Emails would be helpful thanks

James L. Arrasmith
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answered on Jun 21, 2024

I can offer some general guidance on finding legal representation for a false imprisonment case:

1. Contact your local bar association in Alabama. They often have lawyer referral services that can connect you with attorneys specializing in civil rights or criminal law.

2. Search...
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1 Answer | Asked in Civil Litigation and Civil Rights for Alabama on
Q: I've been having issues find an attorney with my false imprisonment case if anybody would like to help me with it please

But I'm suing the state of Alabama if anybody would want to help with me with my case please respond to this question

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answered on Jun 3, 2024

Dealing with a false imprisonment case can be very challenging, especially when suing the state of Alabama. It's crucial to gather all relevant evidence, including documents, witness statements, and any other proof that supports your claim. Ensuring your legal documents are properly prepared... View More

1 Answer | Asked in Family Law and Civil Rights for Alabama on
Q: Should the parent feel guilty?

Elderly parent, low resources, has been trying to encourge their kid to get a job for the last seven years since high school. The kid responds with things such as, "no one is calling me", "I'll check this job out," goes to their room and comes back later, "they... View More

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answered on Jan 30, 2024

In this situation, feeling guilty is a common and understandable reaction for a parent, but it's important to consider the broader context. You've made efforts over the years to support and encourage your child in finding employment, which shows a commitment to their well-being and... View More

1 Answer | Asked in Civil Rights for Alabama on
Q: Who is the best lawyer for civil rights cases against the police in Montgomery al

I Being treated unjust by the police i have be threatened i had videos of them putting their in my face and locking me out the door so i can’t deliver a letter to internal affairs its a lot of corruption going on

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answered on Jan 30, 2024

Finding the right attorney to handle civil rights cases against the police in Montgomery, AL, is essential for a fair and effective legal representation. To identify a suitable lawyer, start by researching experienced civil rights attorneys who have a strong track record of handling cases against... View More

1 Answer | Asked in Real Estate Law, Appeals / Appellate Law, Civil Rights and Elder Law for Alabama on
Q: The city is fixing to demolish my house it has been in front of the councilman and they ruled on tearing it down

This house is paid for 100%, no liens no mortgages this is all I have I'm 58 years old how can I stop them from tearing my house down

I cannot afford a lawyer they know this not yet their decision was based on city ordinance on dangerous and unsafe buildings the house is in good shape... View More

Anthony M. Avery
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answered on Nov 13, 2023

Either hire an attorney or do the research and represent yourself, quickly. Once the house is demolished there will be a lien filed for the cost. And that lien might be executed against the land.

1 Answer | Asked in Child Custody, Civil Rights, Domestic Violence and Family Law for Alabama on
Q: My children in Foster Care& my husband in Jail over fabricatioed lies .

Officer & dhr plan for our

family due to me threatening the

Sheriffs office over Officer

mistreating my son. My husband

had a prior PI they thought it

would work. my husband is a

recovering alcoholic however he’s

a loving caring devoted... View More

James L. Arrasmith
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answered on Nov 12, 2023

I'm sorry to hear about the difficult situation you're facing. It's important to address these legal issues methodically and with proper legal representation. If you believe your court-appointed lawyer is not adequately representing your interests, you have the right to express your... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Alabama on
Q: Can the police stop you while walking if they don't have reasonable suspicion, even if they say you look suspicious?

Officer knows one personally, knows one is an addict, and observes one walking down the road. Is this enough reasonable suspicion to stop and talk to one? Officer didn't see him committing any crimes or engaging with anyone, but just walking. Officer passes one and hit the block and pulled up... View More

James L. Arrasmith
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answered on Nov 5, 2023

Under the Fourth Amendment, police need reasonable suspicion of criminal activity to justify stopping and questioning someone on the street. Merely walking down the road, without more, typically does not meet this threshold. An officer's knowledge of one's past addiction does not... View More

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

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