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Alabama Criminal Law Questions & Answers
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

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

1 Answer | Asked in Criminal Law and DUI / DWI for Alabama on
Q: Can a lawyer have an arrest warrant recalled in Alabama If I do not live in the state? Please read below.

Long story short, I was visiting family in Alabama last Janurary and I was arrested for a dui. I went to municipal jail, bonded out, and immediately retained council. My court date was pushed off several times, this was frustrating because I live out of state, and had to keep changing arrangements.... View More

T. Augustus Claus
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answered on Dec 12, 2023

In Alabama, if you have an arrest warrant, your lawyer can file a motion to recall it, presenting factors such as the reason for the warrant, any hardship you face, your willingness to appear in court, and the risk of flight. If granted, the warrant is recalled, and you can address the charges at... View More

1 Answer | Asked in Criminal Law for Alabama on
Q: I have received a letter from the district attorney from another county that I don’t live in telling me that if I don’t

The letter states that if I don’t pay the court, ordered restitution, or set up payments that there may be a warrant issued for my arrest. My question is if I refuse to pay this restitution, which I feel like I was tricked into signing an agreement to pay this will they come to a different county... View More

Travis T Juneau
Travis T Juneau
answered on Dec 11, 2023

If the issuing county will extradtie or not is upto that particular county. Traditionally, it depends on why the warrant was issued. In this instance, it is likely that a show cause hearing would be set before a finding of contempt for failure to pay (a violation of the Court's order). Alabama... View More

1 Answer | Asked in Criminal Law, Divorce, DUI / DWI and Family Law for Alabama on
Q: What could my exes outcome possibly be as far as jail time?

My ex was arrested in 2019 for a possession of a controlled substance. He was arrested again in 2020 in Ohio for a DUI, open container, wreckless driving, and 23 counts of possession of controlled substances. He was arrested again in Oklahoma in march 2023 for flight to avoid for the 2020 arrest.... View More

T. Augustus Claus
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answered on Dec 4, 2023

It is difficult to predict the exact outcome of your ex's legal situation, as the specific charges, his prior criminal history, and the circumstances of his arrests will all play a role in determining the severity of his punishment. However, based on the information you have provided, it is... View More

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 Criminal Law for Alabama on
Q: Can the DA still charge someone with poss w/ intent even though the trafficking charge was dropped to possession?

I took the poss. charge and a deal after it was dropped to possession. The girl that the drugs actually belonged to is also already out of jail, they dismissed the charges against her since I took the charge. But my boyfriend is still in jail and his lawyer said the DA is charging him with... View More

James L. Arrasmith
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answered on Nov 20, 2023

It's important to understand that in criminal cases, the District Attorney (DA) has discretion in deciding what charges to file. Even if charges like trafficking are dropped, the DA may still pursue a charge like possession with intent, based on the evidence they have.

If you're...
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1 Answer | Asked in Criminal Law, Municipal Law and Traffic Tickets for Alabama on
Q: The police won’t let me get my purse from my towed truck. First I needed a notarized bill of sale. Now the title.

My keys to the car I drive everyday is in my purse inside the truck. That’s all I won’t but they continue to change the rules so I can’t get it. Is this legal?

James L. Arrasmith
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answered on Nov 9, 2023

Based on the information provided, the police requiring increasing documentation from you before releasing your personal belongings from the impounded vehicle is likely unreasonable and illegal under Alabama law.

Some key points:

- The police have a right to impound a vehicle, but...
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1 Answer | Asked in Criminal Law for Alabama on
Q: My husband is incarcerated in ADOC currently. I am trying to get some information.

We are trying to find out if anyone has ever been released on good time with his charge. He was charged with Possession of Obscene Material Under 17 years of age. ADOC is denying him good time. The law seems a little ambigious to us so we are trying to do some research before trying to decide if we... View More

James L. Arrasmith
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answered on Nov 9, 2023

To find out if someone has been released on good time with the same charge as your husband, you could start by reviewing Alabama's statutes and administrative regulations regarding sentence reductions and credits for good behavior. These laws will outline which offenses are eligible for good... 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.

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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 Criminal Law for Alabama on
Q: I am charged with 2nd degree assault after someone sent me a textt hreaghtening my life. I called the police and they sa

The policecame and said they saw no threaght. The victom showed up with others after and attemppted violence. I defended myself. I was indicted for assault

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answered on Nov 2, 2023

Under Alabama law, self-defense is a justification for assault. Self-defense is justified when you reasonably believe that you are in imminent danger of serious physical injury or death and that the force you use is necessary to defend yourself.

In your case, you may be able to argue that...
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