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Alabama Constitutional Law Questions & Answers
1 Answer | Asked in Constitutional Law and Criminal Law for Alabama on
Q: Can an city police officer have his off duty county deputy girlfriend in street clothes search someone ?

I was pulled over for no tag, I presented my current drivers license, and proof of insurance..officer ran my name and it came back current, negative ..walked back to the car and asked if there was any thing illegal in my car, I said no.. he kept asking the same question, recieving the same answer,... Read more »

Sheila Crumley Field
Sheila Crumley Field answered on Sep 1, 2020

Yes. They are still a police officer even off duty. She will just have to come to court and testify in the event she found something illegal on you. Good luck.

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Alabama on
Q: How can i get my seized vehicle from police if i had no knowledge of a crime
Sheila Crumley Field
Sheila Crumley Field answered on Jul 19, 2020

You should be able to get it back fairly quickly if they are through processing it. I assume it was used in the commission of a crime and that’s why they have it. Once they have processed it you will be able to get it back.

1 Answer | Asked in Child Custody, Civil Rights and Constitutional Law for Alabama on
Q: What if I’m living with someone else and my parents have already had a DHR case opened on them, and one of them can test

Positive for marijuana, could I be allowed to be move out permanently considering I’m almost 18?

Sheila Crumley Field
Sheila Crumley Field answered on Apr 15, 2020

Yes in this situation DHR would probably allow you to remain in the home where you are, as long as they all test negative, as part of a safety plan

2 Answers | 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
Gary Kollin answered on Sep 14, 2019

You must contact lawyers individually and personally

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1 Answer | Asked in Constitutional Law for Alabama on
Q: Can I legally put postcards/flyers on people’s door for my lawncare business?
Tim Akpinar
Tim Akpinar answered on Jul 19, 2019

In the past, it would have been no big deal and you wouldn't have thought twice about it. However, some communities and associations have implemented rules prohibiting the delivery of things like flyers, pennysavers, etc. Depending on your area, just make sure there are no town or other... Read more »

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
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... Read more »

1 Answer | Asked in Constitutional Law, Family Law and Contracts for Alabama on
Q: Good morning. I was divorced in 2013 our house in was supposed to be sold and monies split. Can I take him to court?

It was to be sold within a reasonable time period. He refuses to respond to any requests. It's in our divorce decree, I am having financial problems. I never got a walk through, he still has some of my property. I only want what is written.

Shane Michael Oncale
Shane Michael Oncale answered on Mar 18, 2019

Yes. If your ex spouse has failed to follow a provision in your Divorce Decree you can file a petition seeking to have him held in contempt. If successful a finding of contempt will force him to do what he has not done and may entitle you to attorney fees as well. You should get with an attorney... Read more »

1 Answer | Asked in Criminal Law, Family Law, Child Custody and Constitutional Law for Alabama on
Q: Convicted of sexual abuse 2nd misdermeanor , 15 year old accuser was my wifes daughter , who did not live with us

Residency restrictions say i cant live with my biological child now , not on probation or parole..I was convicted on a he said she said case in municiple court, no plea deal accepted ,not guilty the whole way,did not appeal because my attorney said I could live with my child..I was broke anyway... Read more »

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Feb 18, 2019

You were convicted of sexual abuse of a minor. You are not going to be able to have much in the way of custodial or visitation with any child. THe key word here is "convicted." The state of Alabama has the power to act in the best interest of a child to keep that child away from a person... 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
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
Gary Kollin answered on Sep 20, 2018

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

1 Answer | Asked in Consumer Law, Copyright, Child Support and Constitutional Law for Alabama on
Q: Is it legal for a single mother to be forced to have a DNA test done on her child especially when there's an open invest

I was forced to have a DNA test done on my child after he was 4 years old and I have had sole custody of him up until this point

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Jan 12, 2018

Yes. It is perfectly appropriate for the Court to order a DNA test to establish the paternity of a child.

1 Answer | Asked in Constitutional Law, Criminal Law, Domestic Violence and Real Estate Law for Alabama on
Q: If a restraining order is placed on me by my GF and I have to leave our house am I entitled to my clothes in the house

She moved out in February but I was just served with the warrent yesterday for domestic abuse I was arrested then got out today and the cops said I can't get my clothes out of my house and made me leave I don't want the house I'm surrendering the loan to the bank tomorrow but I just... Read more »

Samuel G McKerall
Samuel G McKerall answered on Apr 4, 2017

You leave out important facts, like what the PFA warrant accuses you of having done. Appear in court on the date and time stated on the warrant. You have to do this regardless of what you "just want". If you don't appear you will be arrested again and will probably not be allowed... Read more »

1 Answer | Asked in Criminal Law and Constitutional Law for Alabama on
Q: Can the POTUS issue a presidential pardon to a non US citizen such as Julian Assange? Source please.
Samuel G McKerall
Samuel G McKerall answered on Jan 18, 2017

This is not a legal-problem-inspired question. Its a political question.

With that observation, the answer is "yes". The authority is the Constitution of the United States, specifically, Article II, Section 2, which provides that the President “shall have Power to grant...
Read more »

1 Answer | Asked in Constitutional Law for Alabama on
Q: SCDHR, how are they able to operate outside the 4th and 14th amendments of the citizens?
Robert Jason De Groot
Robert Jason De Groot answered on Oct 26, 2015

What is SCDHR? What has happened that makes you want to ask this question? You have to give some facts or there really cannot be much of an answer. I have to assume that there was a search because you mentioned the 4th amendment. But it is usually best to have a full discussion with a local... Read more »

1 Answer | Asked in Constitutional Law for Alabama on
Q: What is 1st amendment?
Robert Jason De Groot
Robert Jason De Groot answered on Oct 20, 2015

One of the bill of rights.

1 Answer | Asked in Constitutional Law for Alabama on
Q: If a judge has been voided and found in violation of due process rights ;Can they be sued??
Robert Jason De Groot
Robert Jason De Groot answered on Oct 20, 2015

Judges enjoy absolute immunity from suit, except in extremely rare circumstances. What do you mean by voided?

1 Answer | Asked in Constitutional Law for Alabama on
Q: Have any US Lawyers or groups filed briefs in support of Alab's right to enact laws unfettered by foreign countries ?
Robert Jason De Groot
Robert Jason De Groot answered on Oct 19, 2015

You mean Alabama's, right? Probably not.

1 Answer | Asked in Constitutional Law for Alabama on
Q: What does section 26 of the Alabama Constitution mean?
Robert Jason De Groot
Robert Jason De Groot answered on Oct 17, 2015

If you want an explanation, you have to at least provide the language that you want an explanation for. Otherwise, an attorney has to look it up, as well as any case law under it.

1 Answer | Asked in Constitutional Law for Alabama on
Q: Can you own a bow in alabama if you have been convicted of domestic violence 3rd degree
Robert Jason De Groot
Robert Jason De Groot answered on Oct 17, 2015

This is not just a basic legal question to me. It is important enough for you to actually go see an attorney about. Perhaps you can do a simple internet search and there will be attorneys websites which discuss it.

1 Answer | Asked in Constitutional Law for Alabama on
Q: Is it a reasonable expectation to believe that a law school grad would understand the idea/concept of 'double jeopardy?'
Robert Jason De Groot
Robert Jason De Groot answered on Oct 16, 2015

Yes, but double jeopardy is a very complex concept. Attorneys and judges struggle with it.

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