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Alabama Constitutional Law Questions & Answers
1 Answer | Asked in Criminal Law and Constitutional Law for Alabama on
Q: Does double jeopardy law apply in Alabama when the same charges and facts of a case are used twice for convictions

If someone's probation was violated for catching certain charges and he was told in a quart of all that his probation was being violated because of those charges and had papers showing the charges on there as the exact reason why they're sending them back to prison and years later when he... View More

James L. Arrasmith
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answered on Apr 4, 2024

In the United States, the Double Jeopardy Clause of the Fifth Amendment to the U.S. Constitution protects individuals from being prosecuted or punished twice for the same offense. This protection applies to all states, including Alabama, through the Fourteenth Amendment's Due Process Clause.... View More

2 Answers | Asked in Traffic Tickets, Civil Rights and Constitutional Law for Alabama on
Q: Right to travel never have received a driver's license or permit?

Fighting traffic court

Allan Lamar Armstrong
Allan Lamar Armstrong
answered on Feb 11, 2024

If you attempt to assert free travel as a defense to no license, then you lose. Driving is a privilege, not a right. You can travel freely by walking all you please, but you don't have the right to use state and federal roads without being granted the privilege. You'll lose in court,... View More

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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Alabama on
Q: If officers cannot physically produce the evidence that they gained during their search can the case be thrown out

They cannot produce the gun they claim they found during traffic stop

James L. Arrasmith
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answered on Feb 4, 2024

In a legal case, if law enforcement officers cannot produce crucial evidence, such as the gun they claim to have found during a traffic stop, it can potentially weaken their case. The inability to produce physical evidence may raise questions about the credibility of their claims. However, whether... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Alabama on
Q: Made a deal with Thomasville police and now they didn't hold up to their end of the deal. WHat do I need to do?

I got arrested and Baldwin County had ahold on me for an arrested years ago. Well I sat 9 days and made a deal with the cops. I signed up to be a CI. Well come to find put the arresting officer is no longer with Thomasville. Well apparently he didn't hold up tob his end of the deal. Now I... View More

James L. Arrasmith
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answered on Jan 27, 2024

I'm sorry to hear the police did not follow through on their end of your deal after you agreed to cooperate with them. Here are a few options you may want to consider pursuing:

1. Contact the police department and speak to a supervisor about the situation. Explain that you had an...
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1 Answer | Asked in Constitutional Law and Gov & Administrative Law for Alabama on
Q: Law or regulations with obligations regarding late mortgage assistance paymt made by state housing finance authority

Alabama housing finance authority made late payment while receiving assistance and it was reported on credit, 7 years, ruining credit and financial stability the rest of my life. Have no chance of getting home equity loan to pay off debt. Without loan, I will lose house, leaving me homeless. What... View More

James L. Arrasmith
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answered on Jan 10, 2024

I understand your concerns about the late mortgage assistance payment impacting your credit and financial stability. In situations like this, the legal responsibilities and potential recourse can vary based on specific circumstances and state laws. Generally, state housing finance authorities are... View More

1 Answer | Asked in Constitutional Law and Criminal Law for Alabama on
Q: I need help as I'm concerned. I'm being harassed by Clio Alabama police department over something so stupid they are fig

So, this stupid issue of just asking the police department to have a presence on my street 5 to 10 minutes a day has escalated all ready. When I say I'm at my wits end, I'm beyond. Ignored by chief of police, ignored by Mayor, Ive now escalated my concern to the governor. Not only that... View More

James L. Arrasmith
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answered on Jan 5, 2024

It sounds like you are facing a challenging situation with the Clio police department. First and foremost, it's important to document every instance of harassment or interaction with the police that you believe is inappropriate. This documentation should include dates, times, the names of the... View More

1 Answer | Asked in Constitutional Law for Alabama on
Q: I am 18 years old and I am seeing confusion on the January 1st bill signed for constitutional carry.

Some say that anyone 18 years of age or older are permitted to conceal carry in the state without permit, some say you must be military or emergency services to carry at 18, and some say you must be 19. I would like clarification.

Also, I will be moving to Florida here in the next month or... View More

James L. Arrasmith
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answered on Dec 25, 2023

Under the constitutional carry law in Alabama, effective January 1st, individuals 18 years and older are generally allowed to carry a concealed firearm without a permit. However, there are exceptions, such as for individuals who are prohibited from carrying firearms due to certain legal reasons.... View More

1 Answer | Asked in Appeals / Appellate Law, Civil Litigation, Civil Rights and Constitutional Law for Alabama on
Q: My son was told by an outside doctor Kilby took him he had never seen anything like it and he needed surgery asap, he

Has yet to have it. He was also beaten so bad by guards he was hospitalized for over a week his heart stopped the cuffs on his ankles cut so deep in his skin till they got real infected it left scars. They have turned him away and not let him eat, besides his illness can cause death, he has lost so... View More

James L. Arrasmith
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answered on Dec 20, 2023

The situation you describe involving your son is deeply concerning and requires immediate action. If he is being denied necessary medical treatment and has been subjected to abuse, this may constitute a violation of his civil rights.

First, it's important to gather all evidence you...
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1 Answer | Asked in Criminal Law, Employment Law and Constitutional Law for Alabama on
Q: How can one seal a 1st&only Misdemeanor offenses from over a year ago? It’s preventing employment.

Resisting arrest, obstructing gov op and poss 2 conviction is on a friends record and it’s preventing him from working. Can he seal it? He has been in no trouble since then and it was his first time getting into anything with the police involved. He’s an upstanding citizen and was even in the... View More

James L. Arrasmith
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answered on Dec 14, 2023

In Alabama, the process for sealing a criminal record, often referred to as expungement, is available for certain misdemeanor offenses. However, the eligibility for expungement depends on various factors, including the nature of the offense, the time that has passed since the conviction, and the... View More

2 Answers | Asked in Civil Rights, Constitutional Law and Contracts for Alabama on
Q: Is being denied your contractual obligations of payment is defamation or discrimination?
James L. Arrasmith
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answered on Dec 4, 2023

Being denied the contractual obligations of payment, such as not receiving the agreed-upon compensation for services or goods, is primarily a breach of contract issue. It means that one party is not fulfilling their agreed-upon terms within the contract.

Defamation and discrimination are...
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1 Answer | Asked in Criminal Law and Constitutional Law for Alabama on
Q: I WAS ARESTED FOR FALSE IMPRISONMENT MONTHS AGO, 2 WEEKS AGO I WAS ARRESTED FOR FALSE IMPRISONMENT AGAIN. IS THAT LEGAL?

I WAS ARRESTED FOR DOMESTIC VIOLENCE AND FALSE IMPRISONMENT 18MONTHS AGO, 2 WEEKS AGO I WAS ARRESTED FOR FALSE IMPRISONMENT AGAIN FOR SAME CRIME AND THE CHARGE IS STILL GOING ON FROM THE 1ST TIME I WAS ARRESTED. I LIVE IN ALABAMA.

James L. Arrasmith
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answered on Dec 1, 2023

Being arrested for the same charge twice can be legal, especially if the two incidents are distinct or if new evidence has come to light in the ongoing case. In your case, being arrested again for false imprisonment suggests that either a new incident occurred, or there has been a development in... 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

1 Answer | Asked in Civil Rights and Constitutional Law for Alabama on
Q: Is it legal for anyone, including cops and/or informants 2 lock u out emails, preventing employment. N my bills

Being stalked, harassed bullied with no help. House is being broken into. Phones missing, phone tampered. Keep my game n social accounts from me.

James L. Arrasmith
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answered on Oct 15, 2023

Tampering with someone's emails, stalking, harassment, and unauthorized access to online accounts are typically illegal activities that may violate both state and federal laws, including laws related to cybercrime and privacy. If you believe that your emails have been locked, you are being... View More

1 Answer | Asked in Consumer Law and Constitutional Law for Alabama on
Q: I was recently refused a hotel reservation at a hotel that I’ve stayed at recently.

I booked & paid online for a stay at a hotel that I’ve recently stayed at, but whenever I arrived, the front desk receptionist informed me that he canceled my reservation due to my previous stay. I asked him what the issue was, & he stated verbatim “You brought a massage table into... View More

James L. Arrasmith
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answered on Sep 11, 2023

It sounds like you find yourself in a difficult situation where a hotel has refused service based on an assumption relating to your possession of a massage table. First, it is essential to review the hotel's policy, which you agreed to at the time of booking; it might stipulate the conditions... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Alabama on
Q: Can you be sent to prison on charges that are pending

My uncle is in prison on charges that he ant been found guilty on all his charges are still pending

James L. Arrasmith
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answered on Sep 11, 2023

In the legal system of the United States, individuals can indeed be held in jail while charges against them are pending; this is not equivalent to being sentenced to prison. When someone is arrested and charged with a crime, they may be held in pre-trial detention, especially if they are perceived... View More

1 Answer | Asked in Divorce and Constitutional Law for Alabama on
Q: Do You have the right to be present in divorce court in Alabama
Kristine Jones
Kristine Jones
answered on Apr 5, 2023

Hello. Without more information, no, there is no "right" that anyone has to be present for their divorce hearing. So long as the Defendant was served properly, only the Plaintiff needs to be present to prosecute his/her case. Best of luck!

1 Answer | Asked in Consumer Law, Collections, Constitutional Law and Gov & Administrative Law for Alabama on
Q: Hello! This question is in regards to15 U.S. Code § 1681a - Definitions; rules of construction

As far as exclusions, it states your consumer report does not include a report containing information solely as to transactions or experiences between the consumer and the person making the report; does that mean that late payments on your credit report are illegal?

Barry W. Kaufman
Barry W. Kaufman
answered on Jan 12, 2023

No.

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Alabama on
Q: Is this considered a bad search and fruit of the poisonous tree?

My husband called 911 on me as I was in a mental health breakdown ( pandemic - no dr appts available-) I was given the option for ambulance to hospital which i said no- I was then arrested for dv - which my husband never said I hit him- and taken down to the cop car and put in the back. I asked my... View More

Nelson Craig Johnson
Nelson Craig Johnson
answered on Mar 11, 2022

You should get in contact with a criminal defense attorney and allow him to get discovery (specifically body cam video) and evaluate the case. Based on the facts provided here I do not see a reason why a search of the home would have been justified, but without a full review of the facts of the... View More

1 Answer | Asked in Constitutional Law for Alabama on
Q: 16th Amendment to the U.S. Constitution was never properly ratified.

This amendment which established the "income tax" was signed into law despite

serious defects. In reality, only two States [mind you, these were all Territorial

"States of States" at this time] ratified the amendment and ratification requires 36 (3/4 of)... View More

Nelson Craig Johnson
Nelson Craig Johnson
answered on Aug 30, 2021

Not sure what "serious defects" you are referring to. However, 36 States ratified the amendment by 1913. The first state to ratify was Alabama in 1909. The 36th state was Delaware. In total 42 States ratified. Four states rejected the amendment and two never considered it. (Alaska and... View More

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