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Alabama Criminal Law Questions & Answers
2 Answers | Asked in Criminal Law for Alabama on
Q: In Alabama does the county or city within that county have jurisdiction over someone accused of kidnapping.

Can the city and county try the same case?

Christine Hernandez
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Christine Hernandez
answered on Sep 2, 2024

In Alabama, Kidnapping is a felony offense. The State of Alabama prosecutes the case in the county for which the alleged conduct occurred. A municipal court does not have jurisdiction over felony offenses. However, you used the word kidnapping and did not provide any other facts, therefore, if the... View More

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1 Answer | Asked in Civil Rights, Criminal Law, Libel & Slander and Consumer Law for Alabama on
Q: Can I take any legal action for Wal-Mart not abiding by their refund policy and also falsely accusing me of shoplifting

I was taking items back at Walmart and their refund policy states that you will get your refund in the matter in which you paid. Well, my receipt shows where I paid $160 cash and $60 on my debit card. I went to take some items back to Walmart and they only offered me a gift card so I called... View More

James L. Arrasmith
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answered on Jun 29, 2024

Based on the situation you've described, there are a few potential legal issues to consider:

1. Refund policy violation:

If Walmart has a clearly stated refund policy that they're not following, this could potentially be grounds for a complaint. However, many stores have...
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1 Answer | Asked in Criminal Law, Federal Crimes and Communications Law for Alabama on
Q: I’m an 18 year old female who has been getting harassed by a 16 year old male over text since late May.

Recently, I received a video of the 16 year old male saying he wanted to harm me. What legal actions should I take on this?

James L. Arrasmith
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answered on Jun 22, 2024

This is a serious situation that requires prompt action to ensure your safety. Here are some steps you should consider taking:

1. Document everything: Save all texts, messages, and the video as evidence.

2. Stop all communication: Do not respond to any further messages from this...
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1 Answer | Asked in Criminal Law for Alabama on
Q: If u go in a store u check out the worker helps u check out u tell her there is swapped tags on the meat then u pay full

Price for all ur stuff and even walk out of store then see a meat misses go back in pay for it then u get a call saying u on camera at the same name store but different location say u swapped tags but u paid full price for everything u got can they press charges

James L. Arrasmith
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answered on Jun 15, 2024

If you informed the store employee about the swapped tags and paid the full price for all your items, it shows your intention to comply with store policies. Returning to pay for the missed meat further demonstrates your honesty. However, if you receive a call accusing you of swapping tags at... View More

1 Answer | Asked in Criminal Law and Gov & Administrative Law for Alabama on
Q: In the state of Alabama if u have a warrant will it show if u renew your drivers license online? A background chk?

Or if a background check is done

James L. Arrasmith
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answered on Jun 15, 2024

In Alabama, if you have an active warrant, it is unlikely to show up during the online renewal of your driver's license. The online renewal process typically checks your eligibility based on DMV records, which may not include warrant information.

However, a background check is a...
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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Alabama on
Q: My son is in a ga jail on identity theft fraud charges. Almost a year in and still no trial. He's got jumped and had to

Have surgery, still no bond. Took to court house but no trial. What can I do to help him get out.

James L. Arrasmith
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answered on Jun 10, 2024

I'm sorry to hear about your son's situation. One option you can consider is contacting a defense attorney who can advocate for his rights, including pushing for a speedy trial. The Sixth Amendment guarantees the right to a speedy trial, and an attorney can help address any delays.... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Alabama on
Q: I was arrested in charged with cocaine sales 40 years ago not been any real trouble since how doI APPLY FOR PARDON

If every citizen has a right to bear arms will that include me?someone said a shotgun for protection? I WOULD love to vote also

James L. Arrasmith
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answered on May 24, 2024

To apply for a pardon for your cocaine sales conviction from 40 years ago, you'll need to follow the procedures specific to your state. Typically, this involves submitting a formal application to the governor's office or a designated pardons board, including detailed information about... View More

1 Answer | Asked in Criminal Law and Civil Rights for Alabama on
Q: My husband was picked up for FTA while on community corrections he has been in jail since may 8 th 2024 he has not seen

Judge or anyone within 72 hours shouldn't he be released

James L. Arrasmith
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answered on May 24, 2024

If your husband was picked up for failure to appear (FTA) while on community corrections and has been in jail since May 8, 2024, without seeing a judge within 72 hours, his rights may have been violated. Typically, individuals arrested must be brought before a judge promptly, usually within 48 to... View More

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

Q: Are there any laws pertaining to a diver recovering scrap metal that fell from barge in Tennessee River

We are cleaning river bottom where a scrap metal company has missed the barge while loading. The metal is underwater and we are not touching land at any time. Are we breaking any laws.

James L. Arrasmith
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answered on Mar 25, 2024

In regards to your question about recovering scrap metal from the Tennessee River, it's essential to understand that various laws may apply. These include federal, state, and local regulations concerning environmental protection, salvage rights, and navigation. For instance, the Clean Water... View More

1 Answer | Asked in Civil Litigation, Criminal Law, Federal Crimes and Civil Rights for Alabama on
Q: I am being harassed by several different people and law enforcement that have illegally subpoenaed electronic records

I have had my electronics records illegally subpoenaed and also have been harassed non stop by people that have been illegally given this information to follow, stalk, threaten, and harass me non stop. They have continued for years at this point. Law enforcement knows who they are and continue to... View More

James L. Arrasmith
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answered on Mar 14, 2024

I'm sorry to hear about the distressing situation you're facing. It's important to take immediate steps to protect yourself and seek justice. First, consider consulting with a lawyer experienced in privacy, harassment, and criminal law to explore your legal options. They can guide... View More

1 Answer | Asked in Criminal Law, Civil Rights and Public Benefits for Alabama on
Q: Is my relative risking arrest for his outstanding warrants if he applies for a non-driver’s id card in Alabama?

I’m trying to help a relative struggling with homelessness obtain appropriate housing; however—due my past financial losses arising from his previous addiction issues—I’m now unwilling to take responsibility for his lease in my name. He can’t possibly acquire a lease in own his name... View More

James L. Arrasmith
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answered on Feb 28, 2024

Your relative's concerns are understandable, but applying for a non-driver's ID card in Alabama does not automatically trigger immediate arrest for outstanding warrants. However, it's essential to acknowledge the risk involved, as law enforcement databases may flag individuals with... View More

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 Criminal Law for Alabama on
Q: Can I take claim of a ex-felon In possesion of a firearm charge for my husband if the firearm was mine?

My husband was recently arrested and charged with ex-felony in possession of a firearm along with some other charges.. the firearm is mine and was beside the driver seat of my car. He didnt even know that I had it with me and he was only driving because I can’t see to drive when it’s dark. Is... View More

T. Augustus Claus
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answered on Jan 30, 2024

In Alabama, as in most jurisdictions, the issue of possession in a criminal case, especially concerning a firearm by an ex-felon, is complex and fact-specific. If a firearm is found in a vehicle where an ex-felon is present, it can lead to charges of illegal possession, even if the firearm belongs... View More

1 Answer | Asked in Criminal Law for Alabama on
Q: I was pulled over and an officer found kratom in my car, but did not arrest Me and offered to let me go if I would agre

I was pulled over and an officer found kratom in my car, but did not arrest Me and offered to let me go if I would agree to work with narcotics. He said if I didn’t contact the number he gave that he would issue a warrant for my arrest. Is this legal?

James L. Arrasmith
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answered on Jan 23, 2024

The legality of the situation you described is questionable and raises several concerns. First, it's important to know that kratom's legal status varies by state and jurisdiction. If kratom is legal in your area, possessing it should not result in any criminal charges.

If kratom...
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1 Answer | Asked in Car Accidents, Criminal Law and Federal Crimes for Alabama on
Q: Why was my boyfriend arrested 48 hrs after an accident if drugs were supposedly found on the scene of the accident?

My boyfriend passed out while driving from a nosebleed and hit a guard rail. There were no other vehicles involved in the incident. When found his nose was pouring blood covering his shirt and inside vehicle he was unconscious and rushed to the hospital by ambulance. An officer gave his cell phone... View More

James L. Arrasmith
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answered on Jan 21, 2024

The sequence of events you described, including your boyfriend's accident, medical treatment, and subsequent arrest, raises several legal and procedural questions. While I can provide some general information, it's essential to consult with an attorney in Alabama who can review the... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Alabama on
Q: If I have a pistol in my car is my husband who which is an ex-felon be allowed to ride in my car?
James L. Arrasmith
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answered on Jan 21, 2024

It's important to be aware that federal and state laws regarding firearms, felons, and possession can vary. Generally, under federal law, it is illegal for a convicted felon to possess a firearm, including riding in a car where there is a firearm, even if they do not own or physically possess... View More

1 Answer | Asked in Criminal Law and Civil Rights for Alabama on
Q: Officer comes to public park, asks for mine and my husbands license. Someone called that our kids didn’t have on shoes.

If you are at a public park after dusk and a cop pulls up and says someone called because our kids didn’t have shoes on would this justify as an “illegal activity”? Would I have to give the officer more than just my name and address or would that suffice? I don’t fully understand, if... View More

James L. Arrasmith
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answered on Jan 13, 2024

In this situation, it's important to understand that not having shoes on at a public park is generally not considered illegal activity. The officer may be responding to a call out of concern for the welfare of the children, but it does not necessarily imply wrongdoing on your part.... 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 Criminal Law and Civil Rights for Alabama on
Q: My appointed attorney advised me not to submit any evidence of my innocence to the opposing side. Shouldn't I though?

Possession of controlled substance

Criminal mischief 3rd

Video home surveillance

Credible witness statement

911 call transcript

Phone records

James L. Arrasmith
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answered on Jan 2, 2024

If your appointed attorney advised against submitting evidence of your innocence to the opposing side, it's important to consider their strategy and expertise in legal procedures. In criminal cases, the defense is not typically required to disclose evidence to the prosecution before trial.... View More

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