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Alabama Constitutional Law Questions & Answers
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 Constitutional Law for Alabama on
Q: Can police pull me over for having a valid and active temporary tag on my vehicle if I am not violating any codes?

I was driving from Tallassee to auburn and was pulled over for no reason except that I am using a temporary tag, asked to identify and provide paperwork.

James L. Arrasmith
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answered on Sep 12, 2024

Yes, police can pull you over if they have a reason to believe there might be an issue with your temporary tag, even if it is valid and active. Temporary tags can sometimes be flagged due to expired status, improper display, or if they suspect the tag is fraudulent. However, driving with a valid... View More

1 Answer | Asked in Constitutional Law for Alabama on
Q: Can my 18 year old son conceal carry, open carry, and/or get a concealed carry permit in Dale County, Alabama?
James L. Arrasmith
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answered on Aug 5, 2024

In Alabama, the laws regarding carrying firearms vary depending on the type of carry. At 18 years old, your son is allowed to open carry a firearm without a permit in public places, as long as he follows state regulations and does not bring the firearm to prohibited areas like schools or government... 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

1 Answer | Asked in Workers' Compensation and Constitutional Law for Alabama on
Q: Can I use for work comp as long as medical is open? Even if it's been over 2 years?

It's been just over 2 years, but medical is still open, they offered 1000 and was gonna keep medical open but I didnt take money

Jeffrey G. Blackwell
Jeffrey G. Blackwell
answered on Jun 23, 2021

The short answer, is yes. Medical benefits are not currently subject to the two year statute of limitations. They are legally available for the remainder of your life. If you are still suffering problems from your accident and injury, you should seek medical care as soon as possible. Keep in mind,... View More

1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Constitutional Law and Criminal Law for Alabama on
Q: I need a criminal and civil rights defense attorney can you help me?
Tim Akpinar
Tim Akpinar
answered on Feb 2, 2021

An Alabama attorney could advise best, but your post remains open for three weeks. I'm sorry you're still awaiting a response, but this forum isn't set up for attorneys to reach out to help you - you have to reach out to them. This is only a Q & A Board, not an attorney referral... View More

1 Answer | Asked in Civil Litigation, Real Estate Law, Constitutional Law and Construction Law for Alabama on
Q: Is there any federal law that will help someone fight an adverse possession on a 6 foot fence being built on a 400 foot

On a 400 foot track of land inside the city limits. The person that is the trespassor s. Has had the business. For 42 years and the person that ownes the surveyed land has only had it for 4 years.

Anthony M. Avery
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answered on Oct 19, 2020

There is no Federal Law which will control here. And the adjoining landowners have probably acquiesced to the fence being the boundary line irrespective of deed legal descriptions. You can sue for a boundary dispute, but you will probably lose irrespective of your survey evidence.

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,... View 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... View More

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