Alabama Criminal Law Questions & Answers

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

1 Answer | Asked in Criminal Law, Domestic Violence and Family Law for Alabama on
Answered on Mar 11, 2019
Kristine Jones' answer
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.

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

1 Answer | Asked in Criminal Law for Alabama on
Answered on Mar 4, 2019
Samuel G McKerall's answer
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 local lawyer who's familiar with whatever court you're in.

Q: Convicted of sexual abuse 2nd misdermeanor , 15 year old accuser was my wifes daughter , who did not live with us

1 Answer | Asked in Criminal Law, Family Law, Child Custody and Constitutional Law for Alabama on
Answered on Feb 18, 2019
Mr. James Parrish Coleman's answer
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 been convicted of sexual abuse of a child. You should have gone to circuit court if you were not guilty and tried your case there.

Q: Are radiologists free to be careless, by not putting 'all that may be wrong' on reports?

1 Answer | Asked in Criminal Law, Communications Law and Health Care Law for Alabama on
Answered on Jan 30, 2019
Timur Akpinar's answer
No medical professional, or other professional, for that matter, has free license to be careless. The premise is that they will act diligently, thoroughly, professionally, and exercise their best medical judgment in examining films and outlining their findings. Are some more thorough than others? Yes. Is it possibly for one radiologist reading an MRI or CT to identify findings that another might not see? Yes.

Tim Akpinar

Q: My home was searched and property was seized while I was on vacation what do I do now that I'm home

1 Answer | Asked in Criminal Law for Alabama on
Answered on Jan 6, 2019
Samuel G McKerall's answer
What do you think we're going to say on here? We're all lawyers, so ....... Hire a lawyer. A good one. Tell him or her the complete and absolute truth. Communications with your lawyer are absolutely confidential.

Q: Charged of possesion of marijuana of 2nd degree and paraphernalia by a municipal court in AL, what could the penalty be?

1 Answer | Asked in Criminal Law for Alabama on
Answered on Sep 4, 2018
Christopher Weaver's answer
Well, first off...may not be the best idea to converse with the police when you are in the possession of marijuana. That officer's job was to arrest you and charge you with a crime, not to be your friend and help you out. He did his job, clearly, by arresting you and charging you with a crime. If he really wanted to help you, he wouldn't have filed the citation with his local magistrate with a request that you be officially charged. But he did... (i'm saying he... could be she...but you get my...

Q: Hello, I am 75 years old, I have filed for divorce in Florida, we live with our son in Alabama,

1 Answer | Asked in Criminal Law, Divorce, Civil Rights and Domestic Violence for Alabama on
Answered on Aug 28, 2018
Mr. James Parrish Coleman's answer
I am an Alabama Lawyer. I don't handle Fla. divorces

Q: Probation officer took my wife to jail for probation violation on 1st failed drug test. Is there anything that i can do?

1 Answer | Asked in Criminal Law for Alabama on
Answered on Aug 26, 2018
Christopher Weaver's answer
You can hire an attorney to file a motion requesting that her bond be reinstated. Typically probation violations automatically result in a "no bond" decision by the court. The whole point of bond is to make sure that you show up to your next court date. Here, that isn't a certainity, as she didn't show up for two appointed assessment visits and she also failed to report to the probation officer. Whatever you do, it wouldn't be smart to tell the court, as you did here" "we had some problems.......

Q: Is it constitutional to be made to take a drug test the day of court

1 Answer | Asked in Criminal Law for Alabama on
Answered on Aug 26, 2018
Christopher Weaver's answer
This really depends on a few things, including but not limited to: the reason for the court date, any plea agreements, whether you are on probation, and a host more potential issues. Here's a scenario:

Andy is charged and found guilty of Unlawful Possession of a Controlled Substance. He is granted probation. The Probation Officer discovers that Andy is trying to adulterate or compromise a urine sample, and the officer arrests Andy and places him in the county jail. It's now time for...

Q: My husband has been set a $1,000,000.00 bond for drug trafficking herion and the DEA has never found herion on him.

1 Answer | Asked in Criminal Law for Alabama on
Answered on Aug 24, 2018
Brian Joseph Lockwood's answer
The bond set seems a bit high, but it does fall within the guidelines established by the Supreme Court for a trafficking charge. The court has broad discretion when setting a bond, and will be overturned only for abuse of discretion. However, the court enjoys both discretion to set a bond and to amend (lower) that bond. Your husband will need a local attorney to consult with and determine if a bond review motion would be appropriate in his case.

The preceding answer constitutes...

Q: I got into a verbal argument with my brother and was taken in, DV3rd. No evidence was gathered and it’s a first offense.

1 Answer | Asked in Criminal Law and Domestic Violence for Alabama on
Answered on May 8, 2018
Kristine Jones' answer
You should contact a criminal law attorney to make sure it's handled properly to not adversely impact your future. Best of luck!

Q: Can a police officer pick a child up from school without parent permission to

1 Answer | Asked in Criminal Law for Alabama on
Answered on May 3, 2018
Samuel G McKerall's answer
It depends. Why did the officer pick him up? Did he murder someone? If so, the officer can arrest him and take him to jail. Did he commit some kind of assault on another student? Or a teacher? If so, the officer can arrest him and take him to jail. If the officer's purpose had nothing to do with his duties as an officer of the law, then I'll venture a guess that he probably is not supposed to take the child anywhere. We will need to know more facts before we can hazard an answer....

Q: Age limit in Alabama that a child can be left unattended in a car for a little while.

1 Answer | Asked in Criminal Law for Alabama on
Answered on May 3, 2018
Samuel G McKerall's answer
What is the matter with you? Who leaves their child unattended anywhere in a car for even one second? There is no age limit defined by the law.

WARNING: I am not your lawyer and providing you with the generic information, definition, clarification or explanation you seek about a legal matter on this anonymous forum does not make me your lawyer. By answering your question I am only trying to provide you with general information that will deepen your understanding of the legal concept...

Q: I was on imvu girl claimed to be over 18 had no idea she was 13 till i asked she persuaded me sexually should i worry

1 Answer | Asked in Federal Crimes and Criminal Law for Alabama on
Answered on Apr 19, 2018
Samuel G McKerall's answer
Yes, you should worry. You posted this under "Federal Crimes". Its unlikely to be a federal crime, unless you took the girl across a state line for the purpose of having sex with her, or maybe if you had sex with her on federal property, like Redstone Arsenal, which is next door to your town. However, its a very serious state crime under Alabama law to have sex with someone who is underage. There are so many possible sex offenses this might be prosecuted under that's its not possible to...

Q: How can I get a 3rd degree domestic violence charge in Alabama removed, I was 20 at the time and plead guilty.

1 Answer | Asked in Criminal Law and Domestic Violence for Alabama on
Answered on Apr 17, 2018
Mr. James Parrish Coleman's answer
This is an excellent example of how ignorance of the law can really hurt a person. You have pleaded guilty to DV3rd and now wish you had not. Alabama's law on expungement won't work when you pleaded guilty.

Your YO status is long gone.

Q: Sex offender status question

1 Answer | Asked in Criminal Law for Alabama on
Answered on Apr 15, 2018
Stewart Whaley's answer
I’m not licensed in Alabama, but generally, for my clients moving in/out of Arkansas I see issues where state B’s require registration for the same or similar offense. Even if the crime of conviction did not require registration in State A, be very, very careful about what state B will do.

Err on the side of caution and hire an attorney licensed in that state BEFORE you move there. You do not want a felony failure to register just because you interpreted the statute wrong....

Q: I am in Birmingham, AL. how long do I have to file complaints for charges against domestic violence?

1 Answer | Asked in Criminal Law and Domestic Violence for Alabama on
Answered on Apr 9, 2018
Bill Powers' answer
Thanks for the inquiry. Normally DV complaints are filed as soon as possible after an incident.

bill

Q: 13a-12-212, If a person is in possession of multiple controlled substances, can they be charged a count for each c/s ?

1 Answer | Asked in Criminal Law for Alabama on
Answered on Apr 2, 2018
William C. White II's answer
This is correct. Alabama caselaw has held that you can only be charged once, even with different controlled substances.

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