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Alabama Criminal Law Questions & Answers

1 Answer | Asked in Criminal Law and Federal Crimes for Alabama on

Q: Can 2 people be charged federally for something that was picked up by the feds.

If 2 people were in the car at the time of a traffic stop and a large quantity of drugs were found. One person claims the drug and both were incarcerated. The driver for the drugs and the passenger for obstruction of government operations. The passenger charges were later dismissed. Can they both... Read more »

Gary Kollin answered on Aug 21, 2019

yes

1 Answer | Asked in Criminal Law for Alabama on

Q: Does a person being accused of a crime in another state have to sign a waiver of extradition to be extradited?

Gary Kollin answered on Aug 16, 2019

No they can extradited through process of law

1 Answer | Asked in Criminal Law and Federal Crimes for Alabama on

Q: I was arrested in May 2018 for stealing almost 3000 dollars from my job.

I still don't have a court date. I paid it all back in full and even wrote an apology letter to the CEO. This is my first offense. Is it possible for me to just receive probation?

William Jaksa answered on Aug 11, 2019

Receiving just 'probation' means that you were convicted of an offence and that was your sentence. An apology letter and paying back the money shows that you're serious and remorseful. If you want to avoid a conviction think of perhaps some community service and perhaps addressing the issues, if... Read more »

1 Answer | Asked in Criminal Law for Alabama on

Q: I went to police with 2 bruises on the weekend. They said I have to file charges Monday. I am not going back there

I assaulted him as well, threw a plate. If I go Monday and tell the police everything can the issue be dropped

S. Janaan Hashim answered on Aug 4, 2019

If you haven’t filed any charges, then there’s nothing to be dropped and no need to tell the police anything. But, the guy at whom you threw the plate could press charges against you on his own initiative. Good luck.

1 Answer | Asked in Consumer Law and Criminal Law for Alabama on

Q: What constitutes fraud?

Tim Akpinar answered on Aug 1, 2019

Fraud is essentially conduct that embodies deception and dishonesty. Depending on which jurisdiction's civil or penal codes you look at, it could be defined in a number of different ways. Its general attributes are that is done knowingly and deliberately by the wrongdoer, with the intent to deceive... Read more »

2 Answers | Asked in Consumer Law, Contracts, Criminal Law and Real Estate Law for Alabama on

Q: Landlord changed locks on a commercial property I've leased till 2020 without notice. Should I call locksmith to get in?

The commercial property is leased in Montgomery .The contract states that it's for two years ending in 2020. A week ago today the landlord and I had a disagreement about a sublease she wanted to add to the contract already signed .The sublease states I give up half of the property leased to other... Read more »

Gary Kollin answered on Jul 30, 2019

How can any attorney on here answer the question without reviewing the lease, the payments and all other issues.

Did you call landlord?

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1 Answer | Asked in Criminal Law for Alabama on

Q: How would you defend 2 theft of property 2nds and 1 theft of property 4 th.

Gary Kollin answered on Jun 13, 2019

With all my kill and experience

1 Answer | Asked in Criminal Law for Alabama on

Q: My court is on july 31 2019 for theft of services in the 4th degree fine 500.00

I have recently been shot twice both fatal and currently living in a tent in florence al a girl called me a taxi i stated i have no money she said ill pay when you get here so i left florence and ended at Sheffield al she wasnt around my total was 12.50 i told the lady driver i have no money and im... Read more »

Gary Kollin answered on Jun 1, 2019

If you want someone to understand your question, then do not write a single run-on sentence. Parse it. Write in sentences beginning with a capital letter ending in a punctuation mark.

1 Answer | Asked in Criminal Law and Domestic Violence for Alabama on

Q: Husband and I was charged with DV 3rd harassment dual arrest no aggressor. State has issued us a protection order.

Neither one of us touched the other we have no marks of the such. What should we do, or maybe can be done?

Brian Joseph Lockwood answered on May 30, 2019

You need to contact an attorney in your local area as soon as possible. The charge is of a type that can haunt you on background checks, etc., if not handled properly.

1 Answer | Asked in Civil Rights and Criminal Law for Alabama on

Q: So no lawyer out there is familiar with law enforcement misconduct? Or civilian civil rights?

Maybe you all just have the same disease as the Lion in Wizard of Oz.

If you have no idea what I am referring to, my last unanswered question will broaden your mind.

I like to get to my point without adding any BS to ensure my point gets across. Been waiting 3+ months for an answer... Read more »

Gary Kollin answered on May 24, 2019

You really expect someone to jump to your aid by first insulting them and calling them a coward?

1 Answer | Asked in Criminal Law and Personal Injury for Alabama on

Q: If I was falsely accused of vandalism is it a case?

J. Brent Burney answered on May 15, 2019

I assume you mean, do you have a civil cause of action against the person that falsely accused you of vandalism. If so, that would depend on several facts. In short you would have to prove that the individual knowingly and intelligently made false statements about you. If so you could have a... Read more »

1 Answer | Asked in Domestic Violence and Criminal Law for Alabama on

Q: Man and woman have baby together and man gets in physical fight with COUSIN of woman can that be domestic violence?

Police had to get involved to control situation.

Mr. James Parrish Coleman answered on May 12, 2019

Only if they satisfy the requirements of the statute: The victim must be "a current or former spouse, parent, child, any person with whom the defendant has a child in common, a present or former household member, or a person who has or had a dating relationship, as defined in Section 13A-6-139.1 ,... Read more »

1 Answer | Asked in Criminal Law for Alabama on

Q: I was charged in 2013 but not convicted till 2019 after which the law had changed I'm I still to lose muy liscence

Gary Kollin answered on Apr 6, 2019

Please check eith your attorney

1 Answer | Asked in Criminal Law for Alabama on

Q: Why would a warrant be issued with no bond or additional info? How to proceed?

A warrant for felony theft first degree recently showed up for my husband, issued by the county. We own a business and all we can think of is a piece of equipment we rented that was stolen from us but we have been in contact with them and they are in the city. Second is we bought/ financed a truck... Read more »

Gary Kollin answered on Mar 31, 2019

HIRE AN ATTORNEY!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!1

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Federal Crimes and Municipal Law for Alabama on

Q: Hi, can someone please assist me in understanding in what jurisdiction do I hire an attorney please.

During the time my husband was serving time in Georgia, he missed 2 court appearances in Alabama. Alabama now has him being held for extradition in the grounds of fugitive of justice. His time served in Georgia was ended on 3/24/19, However, Georgia is saying they can hold him as long as Alabama... Read more »

Gary Kollin answered on Mar 28, 2019

You could have possibly saved your husband a considerable amount of jail tome if you would have hired an attorney in Alabama when he was serving his sentence. The attorney could have had your husband transferred to Alabama undwr the Interstate Agreement on Detainers.

He will always need an...
Read more »

1 Answer | Asked in Criminal Law, Domestic Violence and Family Law for Alabama on

Q: My mom is 70 my brother lives with her in Alabama he is emotionally and physically abusive to her.

She has called Madison county sheriff's, they refuse to take him to jail.There is children in the home my mother has custody of a 5 year old and 2 year old. My brother is on that crystal meth and he is in a pain clinic as well he has his son pee in a cup when he goes also they sell there sons... Read more »

Kristine Jones answered on Mar 11, 2019

Hello, you should seek an elder law attorney immediately. If true, this may be elder abuse and there is an order of protection that a court can order. Please contact an attorney in north Alabama to help you help your mother. Best of luck to you and your family.

1 Answer | Asked in Criminal Law for Alabama on

Q: Traffic stop. Passenger ran. Left drugs in car. Charge poss. No. Traffic off. Now charging me w traffic off.

This is 2 months after stop. Is that legal?

Samuel G McKerall answered on Mar 4, 2019

Its legal if there really was a traffic offense and he just didn't write it up at the time. On the other hand, if there originally was no traffic offense, and the officer is lying and just made up a traffic offense so that he could make a possession charge stick, then its not legal.

Hire a...
Read more »

2 Answers | Asked in Criminal Law for Alabama on

Q: Will I be drug test at a arraignment hearing

Gary Kollin answered on Feb 25, 2019

Y

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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 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 who has... Read more »

1 Answer | Asked in Criminal Law for Alabama on

Q: My friend has been charged with third degree criminal mischief in Dekalb county alabama.

We feel that at the time of the incident, she was suffering a mental lapse brought on by the one year anniversary of the death of her husband. She has been in a mental care facility for the last week. What is the best way to proceed?

Gary Kollin answered on Feb 1, 2019

Retain an attorney

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