Get free answers to your Criminal Law legal questions from lawyers in your area.
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

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
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

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
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

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
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

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
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.

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
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

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... View More
I am disabled and unable to easily leave my house. For two years, I requested that the sanitation department mail me an exemption form for mandatory garbage pickup, as allowed each November. I have informed delivery and can confirm it was never mailed. The employee assured me multiple times that... View More

answered on Mar 24, 2025
This is a concerning situation that clearly involves miscommunication with the sanitation department. You should immediately contact the department's supervisor or director with documentation of your previous requests and Informed Delivery records to prove you never received the form. Many... View More
Can the police search me and my vehicle when I'm passed out unconscious on the side of the road? The only visible sign of an emergency was me being unconscious. No one else interacted with the police during the incident, I was not informed of the reason for the search either before or after it... View More

answered on Mar 24, 2025
If you were unconscious on the side of the road, police might argue they had a reason to check on your well-being under what's called the *community caretaking* or *emergency aid* exception. This means if they believed you needed medical help, they could approach and even search for things... View More

answered on Feb 8, 2025
No, the FBI cannot legally interrogate someone for over six years while asking the same questions repeatedly. That would likely be considered harassment or coercion, which could violate constitutional rights. The Fifth Amendment protects against self-incrimination, and the Sixth Amendment... View More
Someone opened a case through the mental health in the county that I live in . In 2019 I have just found out about this in the past 2 months. I ask for a copy of my records so I could file criminal charges on the person or persons responsible. They agreed to give me a copy they said it would take a... View More

answered on Jan 28, 2025
It sounds like you’re going through a very difficult and frustrating situation. You have a legal right to your medical records under the Health Insurance Portability and Accountability Act (HIPAA), and a facility cannot deny access without valid reasons. Since they originally agreed to give you a... View More
I don't know what to do to get them out. I have a shotgun

answered on Jan 18, 2025
It’s important to remain calm and address this situation safely. You should not take matters into your own hands, especially with a weapon, as this could escalate the situation and potentially lead to harm. Your safety and the safety of others should be the top priority.
The best course... View More

answered on Jan 15, 2025
If your boyfriend was arrested in Alabama on a Florida warrant, you'll want to first contact the jail where he's being held to understand his status and get his inmate number. This information will be crucial for staying in touch and coordinating next steps.
Your boyfriend will... View More
City police officer made an arrest of a tribal member at a house on the reservation without jurisdiction. City officer later told tribal police, the residence smelled of Marijuana. Two days later tribal police served search warrant at the residence based on the information obtained from City... View More

answered on Oct 29, 2024
In your situation, the search warrant may be invalid due to the initial officer lacking jurisdiction on tribal land. Tribal sovereignty means that tribal police have primary authority on reservations, and actions by non-tribal officers can complicate legal processes.
Since the city officer... View More

answered on Oct 6, 2024
If you've gone AWOL from basic training for 150 days, you're likely in a serious situation. Being AWOL for that long can escalate to desertion charges, which might lead to court-martial or other severe penalties. The military takes these situations very seriously, and the consequences can... View More
I was falsely arrested after hearing someone had been touching my underage cousin, I told the man accused of it to get off my porch, he screamed in my face and so I pushed myself past him.this man has also been creeping around my window when I have a date with someone trying to listen to us (which... View More

answered on Oct 2, 2024
I'm sorry you're going through this difficult situation. It's important to consult with a legal professional who can review the specifics of your case. If you don't have the means to hire a private attorney, accepting a court-appointed lawyer is a viable option to ensure you... View More
A peer said he over heard my son saying he was going to shoot up the school when truthfully my son was talking back and fourth with a classmate friend saying they would put a cap in each other as they have done several times, my son was detained for two nights in the detention center behind a boy... View More

answered on Sep 24, 2024
I'm sorry you're going through this—it sounds like an incredibly stressful situation. When a false accusation like this happens, you can take a few steps to protect your son’s rights and reputation. First, you may want to consult with a legal professional experienced in juvenile... View More

answered on Sep 2, 2024
In response to your question, I would need additional facts. Therefore, my response at this time is that depends on the state. Alabama is a one party state, which means that when one person in the conversation chooses to record the conversation, the other person is not required to be informed.... View More

answered on Aug 31, 2024
In Alabama, the minimum age to carry a pistol is 19 years old, regardless of whether you are in the military or law enforcement. Since you are 18, you cannot legally carry a pistol for protection at this time. This applies to both open carry and concealed carry, as Alabama law requires you to be at... View More
He was charged w a misdemeanor, Distribution of private images w/out consent. This was not the first time, but this time I had proof. He wrote a confession admitting to everything. When we go to trial, since he confessed, will he be convicted or can he take a plea deal & serve no jail time?... View More

answered on Aug 31, 2024
Given the situation, your ex-husband’s confession significantly increases the likelihood of a conviction. However, he might still negotiate a plea deal with the prosecutor, which could result in a lighter sentence or alternative penalties like probation instead of jail time. The final outcome... View More
He was naked and it was shared on social media and to people at the school

answered on Jul 28, 2024
I'm really sorry to hear about what happened to your son. First, you should report the incident to the school administration immediately. They have protocols for handling such violations of privacy and can take disciplinary actions against the responsible students.
Next, contact your... View More
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.