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Alabama Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law and Federal Crimes for Alabama on
Q: Can a person be charged with felon in possession of a handgun but don't have the gun on them?
William Jaksa
William Jaksa
answered on Jun 30, 2022

Yes. Constructive possession. The police just to prove that it was your firearm and that you had control over it, or were able to exert control over it. Much easier if they found you in possession of the firearm, but not impossible to prove.... Read more »

1 Answer | Asked in Criminal Law for Alabama on
Q: What is a person charged with if he knew and saw someone committing murder and doesn't call the authorities in Alabama?
William Jaksa
William Jaksa
answered on Jun 30, 2022

Typically there is no requirement to report a crime to police or come forward as a witness, with some exceptions. Most civil servants and law enforcement employees are required to report, and most states have laws requiring people to report child abuse. That being said, if the person was a regular... Read more »

1 Answer | Asked in Criminal Law, Personal Injury and Civil Litigation for Alabama on
Q: I've had an affair with a client. I ended it, but he keeps pursuing me, and threatens to tell my job. What can I do

He calls, texts, and has sent things to my job. After being told not too. Im starting fear for my safety. He has incriminating text and pictures that support the affair but I also have text and emails asking him to stop contacting me.

Travis T Juneau
Travis T Juneau
answered on Jun 1, 2022

You may want to take a look at the crime of Stalking Second Degree, which states, in the relevant part, that if a person intentionally acts with an improper purpose, repeatedly harassed, telephoned, or initiated communication with another person and caused that person to reasonably fear for that... Read more »

1 Answer | Asked in Criminal Law for Alabama on
Q: Can a person crimal record be wiped clean like for drugs and jail. If so how is that possible. Please help me.

I can't find nobody who can help me. Please if someone can tell .thank you

Travis T Juneau
Travis T Juneau
answered on May 31, 2022

It sounds like what you are looking for is either 1) a pardon or 2) expungement. The ability to have your record "wiped" depends on if you were convicted or not and what the charges were. Not all drug charges can be expunged. If you are looking to have your record sealed then I suggest... Read more »

1 Answer | Asked in Traffic Tickets and Criminal Law for Alabama on
Q: In Alabama can county officers from another country, allow to conduct traffic stops in another county.
Travis T Juneau
Travis T Juneau
answered on May 17, 2022

I'm sorry to have to say this but, it depends. Jurisdiction of a county office doesn't immediately end at the county line. There is an area of concurrent jurisdiction. This means that there is a buffer zone where the counties meet in which officers from both counties are well within their... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Alabama on
Q: My boss is in a criminal data base. Although he was acquitted. Can you help expunge that case record?

It affects him from seeking employment and getting commercial credit. Thank you for your help.

Travis T Juneau
Travis T Juneau
answered on Apr 18, 2022

Expungement may be possible but is dependent on when he was "acquitted," how the case was handled, and what he was accused of. There are different rules for felonies, misdemeanors, and traffic violations. As of 2021, most charges that did NOT result in a conviction can be expunged. He... Read more »

2 Answers | Asked in Bankruptcy, Criminal Law, DUI / DWI and Traffic Tickets for Alabama on
Q: I am disabled and a widow. I have some legal issues I.e...a warrant for me was issued. I would like help with this.
David Luther Woodward
David Luther Woodward
answered on Apr 10, 2022

What is the subject of the outstanding warrant?

Bankruptcy does not address criminal matters, so I don't see the connection.

Go see a local bankruptcy lawyer for assistance and explanation

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1 Answer | Asked in Criminal Law for Alabama on
Q: My partner and I got into an altercation and police were contacted. Is it possible to not pursue charges.
Nelson Craig Johnson
Nelson Craig Johnson
answered on Mar 11, 2022

If the victim contacts the District attorney's office directly you may be able to get them to dismiss the charges. Many times they understand that if the victim is not willing to testify it will be hard to get a conviction, so rather than fight a losing battle they will just let it go.

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... Read 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... Read more »

1 Answer | Asked in Criminal Law for Alabama on
Q: I am being charged with a class a misdemeanor for filing a false police report. Will i go to prison
Jaimee Elizabeth Hunter
Jaimee Elizabeth Hunter
answered on Mar 10, 2022

Prison is considered an institution for confinement of persons convicted of serious crimes, such as felonies and the sentences imposed are usually beyond a year. Jail is considered an institution for smaller crimes, such as repeated traffic violations or misdemeanors. In Alabama, every misdemeanor... Read more »

1 Answer | Asked in Criminal Law for Alabama on
Q: Is there a chain of evidence law or rules in a criminal cases in alabama

Is there a chain of evidence law in Alabama an will it be on your motion if discovery

Travis T Juneau
Travis T Juneau
answered on Mar 3, 2022

The chain of evidence relates to who had custody of an item or piece of evidence when to ensure it is preserved in an unaltered state for introduction at trial. Most felony reports will include a chain of evidence for key pieces but, not always. Further, a break in the chain does not inherently... Read more »

1 Answer | Asked in Consumer Law, Criminal Law, Personal Injury and Car Accidents for Alabama on
Q: What are the options when you're involved in an accident with a driver whose license is suspended and uninsured?

Also, what happens if the vehicle does not belong to that driver?

Hunter Garnett
Hunter Garnett
answered on Feb 26, 2022

You have several possible claims against three possible defendants. Realistically, your recovery is likely limited by the amount of insurance that is available. I'll break down each of your possible claims, but you probably only care about the practical advice so I'll start there.... Read more »

1 Answer | Asked in Criminal Law, Personal Injury and Domestic Violence for Alabama on
Q: If I was injured on a company's property can I seek legal action I lost function of my right hand because of this

I was at the apartments they rent out to there workers when I got into a argument with someone there and they ended up draging me with there truck and also when I manged to pull myself up in to the bed I stood up and he kept swerving trying to throw me off well so happens after couple trys he... Read more »

Hunter Garnett
Hunter Garnett
answered on Feb 20, 2022

You may have a claim against the driver of the truck and his automobile liability insurance. That would be an easier case than trying to sue the company who owns the apartment complex.

In the event that the driver's insurance denies the claim, you may also have a valid claim against...
Read more »

1 Answer | Asked in Criminal Law for Alabama on
Q: Is it double jeopardy if charged and with loitering in a vehicle due to drugs by city court and charged with posession

Convicted by city court and charged with posession by state over same drugs

Jaimee Elizabeth Hunter
Jaimee Elizabeth Hunter
answered on Feb 18, 2022

In a practical sense, Double Jeopardy arises when someone is being prosecuted more than once for the same crime. The primary focus is “same crime.” While some crimes are a lesser offense than the other, you can be charged with a different crime if that crime is are not included in the other.... Read more »

2 Answers | Asked in Criminal Law for Alabama on
Q: Is it a time period for your license to get suspended after been convicted for a drug offense?
Jaimee Elizabeth Hunter
Jaimee Elizabeth Hunter
answered on Feb 12, 2022

Anyone charged and convicted a crime specified in Section 13A-12-291, which includes drug possession or drug use related offenses, will have their drivers license suspended, revoked or cancelled by the Alabama Dept of Public Safety once it is reported to them. Depending on the charge and the nature... Read more »

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1 Answer | Asked in Criminal Law and Real Estate Law for Alabama on
Q: I paid $23,000 for some property and a house from a few family members of my mine. They knew didn't belong to them.

I have deeds and all paper work to prove my case

William Vann Burkett
William Vann Burkett
answered on Oct 6, 2021

You may be considered a bone fide purchaser for value. However, whether you actually obtained title to the property or not is likely dependent on what you knew about the property and what documents were recorded in the probate records. I highly recommend that you contact a real estate attorney that... Read more »

1 Answer | Asked in Consumer Law, Contracts, Criminal Law and Civil Rights for Alabama on
Q: It has been raining in my apartment due to storm damage over a year. Where can I get help with a matter like this?

I (we) have reached out to many people about this. Other tenants have been to the mayor ,sheriff and health department as a group. No one will come. Not even a bad area. We are right beside an elementary school. The Health Department wont come just this week after a year of calling did I finally... Read more »

Travis T Juneau
Travis T Juneau
answered on Sep 16, 2021

If your apartment is uninhabitable and you have made the landlord aware and the landlord has failed to improve conditions and make the home habitable then you are allowed to break the lease and move. If you get sued by your former landlord for breaking the lease you will have a recognized defense.... Read more »

1 Answer | Asked in Criminal Law for Alabama on
Q: In the case of someone being on probation: If they go to jail for a new charge and the probation officer violates them.

The file is then sent back to the original court and they file a warrant for their arrest. (Warrants filed expire at the end of every year & have to be refiled in the new year). The warrant was filed October 2017 & was never refiled after that. He was arrested in December 2020 on that... Read more »

Travis T Juneau
Travis T Juneau
answered on Sep 16, 2021

Warrants do not expire in Alabama. In fact, I don't know of a jurisdiction where warrants do expire. If a warrant was issued for his arrest it will remain outstanding until the warrant is served via arrest. Warrants can be defective but, age alone does not make a warrant defective.

1 Answer | Asked in Criminal Law and Personal Injury for Alabama on
Q: My son is in jail and he's been treated terribly while there what can I do. I have all of the documents that's needed

The information that's needed i can provide to show what has taken place

Nelson Craig Johnson
Nelson Craig Johnson
answered on Sep 16, 2021

You should reach out to an attorney and discuss the specific actions that you believe the Jail has done wrong. This question is really to general to provide any substantive response.

1 Answer | Asked in Criminal Law and Education Law for Alabama on
Q: It's a wood storage building licensed as a gun store business I cut into the back of it with a skill saw I never entered

Is it a 3rd degree burglary in Alabama I never entered or took anything I only damaged the building by cutting a square in the back of it I gave up and left when I couldn't get into it

Nelson Craig Johnson
Nelson Craig Johnson
answered on Aug 30, 2021

(a) A person commits the crime of burglary in the third degree if any of the following occur:

(1) He or she knowingly enters or remains unlawfully in a dwelling with the intent to commit a crime therein;

(2) He or she knowingly enters or remains unlawfully in an occupied building...
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