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Alabama Civil Rights Questions & Answers
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... View More

Gary Kollin
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... View More

Mr. James Parrish Coleman
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
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... View 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... View More

Samuel G McKerall
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... View 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
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... View 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... View More

Samuel G McKerall
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.... View 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
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.... View More

Mr. James Parrish Coleman
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... View 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... View More

Mr. James Parrish Coleman
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... View 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
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... View 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
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... View 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... View More

Samuel G McKerall
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... View More

1 Answer | Asked in Real Estate Law, Civil Rights and Landlord - Tenant for Alabama on
Q: How to get ejection form started

Someone is living in their mobile home on our property with no lease and no payments. They have been given a 30day verbal to move and then a 10 day notarized written to which they ignored both. How do we proceed to get them off the property

Samuel G McKerall
Samuel G McKerall
answered on Feb 8, 2017

Alabama has a self-help law for landlords. Its easy for you to file your own eviction proceeding.

Just visit the Office of the Clerk of the Circuit Court in your county, ask for an eviction form (the official name of which is an unlawful detainer form), fill it out, give it back to the...
View More

1 Answer | Asked in Education Law, Civil Rights, Juvenile Law and Personal Injury for Alabama on
Q: Hello, is my private school allowed to print off my text messages without my permission?

Hello, is my private school allowed to print off my text messages without my permission? They never took my phone away but said they have a script of my message that they got from somewhere. I never gave them permission and I never signed anything throughout the year that allows them to do that. Is... View More

Peter N. Munsing
Peter N. Munsing
answered on Jul 23, 2016

Don't see how they could have done that. Now they may have gotten your "message" from another person--the other person is free to print off anything you email or text them, give it or forward it to whoever they wish. Did they say they have all of your texts to anyone? I doubt it.... View More

1 Answer | Asked in Civil Rights for Alabama on
Q: can sue police for hipaa violation or defamation of character
Robert Jason De Groot
Robert Jason De Groot
answered on Sep 6, 2015

No facts means that we cannot answer. You need to go see an attorney about all of this for a full discussion.

1 Answer | Asked in Civil Rights for Alabama on
Q: Can an autistic adult be questioned by police after an arrest without a lawyer present?
William E. Scully Jr.
William E. Scully Jr.
answered on May 20, 2014

Maybe. Not all people with autism are incompetent. They talk about the 'autism spectrum.' This means that there are people with a wide variety of capabilities who are afflicted with autism. What you are really asking is whether the police can question a person who is mentally... View More

1 Answer | Asked in Civil Rights for Alabama on
Q: Can a police search my room without a search warrant

Can the police search my room without a search warrant

William E. Scully Jr.
William E. Scully Jr.
answered on May 20, 2014

Maybe. They can search your room if you are living with your parents, and they consent to the search. If YOU consent to the search they can search it. If they are in 'hot pursuit' they might be able to look around in your room. If they are arresting you legally, they can look around... View More

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