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Alabama Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law and Domestic Violence for Alabama on
Q: criminal law case if a planiff is in jail on a felony charge can my lawyer ask the judge for a dismissal with prejudice?

In my case as a defindent on the grounds she as no rights no more to pursue charges on me because she in jail.. Yes or no?

Travis T Juneau
Travis T Juneau answered on Jul 28, 2020

If I'm understanding your question correctly, no. Just because a complaining witness is in jail, the state doesn't have to dismiss the charge against you. In fact, he being in jail makes the state's job easier as they know where she is and can easily bring her to court to testify... Read more »

1 Answer | Asked in Criminal Law for Alabama on
Q: I was arrested over three years ago on a felony drug charge for having a Xanax pill in my pocket. No court or indictment

I’ve never once had a court date or anything. It’s just hanging over my head. What do I do?

Kyle D Pierce
Kyle D Pierce answered on Jul 27, 2020

Hire a criminal defense lawyer. It is never advisable to fight a felony charge on your own.

1 Answer | Asked in Criminal Law for Alabama on
Q: 3 different credit cards were opened and used without y permission. Is it 3 different charges?

3 different credit cards were opened along with 3 Authorize users under each without my knowledge and permission.

over $1200 spent on all cards.

How many charges are here?

What are the charges?

What are the penalties?

Sheila Crumley Field
Sheila Crumley Field answered on Jul 22, 2020

They should be a charged with identity theft

Which is a class b felony and carries a punishment of 2-20 years and is not a guideline offense, which means they can possibly go to prison. And since you didn’t authorize the cards at all that is the proper charge. Ask the investigator over...
Read more »

1 Answer | Asked in Criminal Law for Alabama on
Q: Is there anyway a person could get another chance on his community corrections violations for failing drug tests

He got out of prison on a appeal almost 2 years ago and recently had a relapse and started using occasional is there a chance to get him some help

Travis T Juneau
Travis T Juneau answered on Jul 21, 2020

Yes, this is up to the judge of course. But, in my experience, a skilled negotiator may be able to get the client in to a drug treatment facility in lieu of prison or a jail sanction. There are a number of factors to consider, such as the nature of the conviction, the clients record of compliance... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Alabama on
Q: How can i get my seized vehicle from police if i had no knowledge of a crime
Sheila Crumley Field
Sheila Crumley Field answered on Jul 19, 2020

You should be able to get it back fairly quickly if they are through processing it. I assume it was used in the commission of a crime and that’s why they have it. Once they have processed it you will be able to get it back.

1 Answer | Asked in Gov & Administrative Law, Criminal Law and Animal / Dog Law for Alabama on
Q: Someone found puppies in the woods in TN & I live in AL. Can I take these puppies across state lines?

I agreed to come get the puppies so they were safe. He gave me his address and told me to come get them. Now someone else is wanting them so they are threatening me with court and police. Is there anything they can do since I have proof he told me to come get them and gave me his address?

Kristina M. Bergsten
Kristina M. Bergsten answered on Jul 18, 2020

If you have agreement with the owner of the puppies that the puppies are yours, then they are yours. You can travel across state lines but make sure you have the proper health documents, too.

1 Answer | Asked in Criminal Law and Traffic Tickets for Alabama on
Q: Can a Magistrate use a defendant's drivers history citing violations in other jurisdictions to set bond on a case?

The defendant has never had a case in this small municipal court. Has no open cases anywhere else. Has FTA from 10 years ago in another jurisdiction.

Travis T Juneau
Travis T Juneau answered on Jul 10, 2020

Yes.

1 Answer | Asked in Criminal Law, Divorce and White Collar Crime for Alabama on
Q: My case has been posted for over 25 years. How long do I have to put up with this?
Sheila Crumley Field
Sheila Crumley Field answered on Jun 29, 2020

What do you mean posted? And what is the charge? Some crimes have no statute of limitations. Have you ever been served with a warrant? It’s possible to have the warrant recalled after that long. We need more details in order to advise you better.

1 Answer | Asked in Criminal Law for Alabama on
Q: Where can I locate online a warrant issued by judge
Travis T Juneau
Travis T Juneau answered on Jun 19, 2020

This depends greatly on the jurisdiction and status of the case; most (if not all) municipal courts will not have warrants available on line and not all warrants are available before they are served. If the warrant was issued for a District or Circuit Court case, the warrant may be available in the... Read more »

1 Answer | Asked in Criminal Law for Alabama on
Q: How long does an escape in the first degree carry?

In Alabama

Travis T Juneau
Travis T Juneau answered on Jun 12, 2020

Being a class B felony, Escape 1st carries a sentence of 2 to 20 years for a first offense. If the convicted has any prior convictions for class A, B, or C felonies, the State could invoke the Habitual Offender Act and the range of punishment would change accordingly. However, a sentence of less... Read more »

1 Answer | Asked in Criminal Law for Alabama on
Q: When filing a motion for temporary release on alafile what Is persuant to rule code?
Travis T Juneau
Travis T Juneau answered on Jun 9, 2020

Alabama Rules of Criminal Procedure 7.3(b)(5)

1 Answer | Asked in Criminal Law for Alabama on
Q: Can you use adjudication withheld or a pre-trial intervention program in an obscene materials case?

First offense. Charges with obscene material. if the prosecutor will not drop the charges can I exhaust other options such as those listed above?

Kyle D Pierce
Kyle D Pierce answered on Jun 8, 2020

A criminal lawyer can definitely argue to attempt to persuade the prosecutor to allow PTI/PTD. That’s not an argument that you should make yourself. Get a lawyer and quickly.

2 Answers | Asked in Contracts and Criminal Law for Alabama on
Q: Once you have paid for the pretrial intervention program in full, do you still have to report to your probation officer

Once above program is paid will I only have to pay restitution? Or will I have to continue paying the monthly supervision fee, and drug screening fee?

Travis T Juneau
Travis T Juneau answered on Jun 1, 2020

Yes, you still need to report to the probation officer you are assigned to and continue to drug screen as well as comply with the all the other aspects of the program until you graduate the program and are told by the court that you are done.

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2 Answers | Asked in Federal Crimes, Criminal Law and Cannabis & Marijuana Law for Alabama on
Q: Will I go to prison for a class c felony of chemical endangerment of a child for a first time offense ever in my life.

I have been charged with possession of paraphernalia, possession of marijuana and a class c felony of chemical endangerment of a child due to having bongs and pipes and marijuana.

Kyle D Pierce
Kyle D Pierce answered on May 29, 2020

Probably not, but you certainly could. You need to immediately retain a criminal lawyer.

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1 Answer | Asked in Criminal Law for Alabama on
Q: What can legally happen if a 17 year old and a 14 old get in a fight?
J. Brent Burney
J. Brent Burney answered on May 26, 2020

I am sorry but I would need more information to provide a substantive answer to this question. Both participants would be juvenile, so any charges would likely be filed in the juvenile court. However, the facts of the incident could change that. For example, if there was a serious physical... Read more »

1 Answer | Asked in Criminal Law for Alabama on
Q: Im from Alabama and would like to know the chapter or articles that discuss felons around firearms.

I have a permit to conceal carry and would like to purchase a handgun soon. But I am unaware if I can get in trouble because a felon stays the night at my house sometimes. I also can lock my bedroom door from the outside with a key, so when I am at work, it wont be accessible.

Sheila Crumley Field
Sheila Crumley Field answered on May 20, 2020

Section 13A-11-72

Certain persons forbidden to possess pistol.

(a) No person who has been convicted in this state or elsewhere of committing or attempting to commit a crime of violence shall own a pistol or have one in his or her possession or under his or her control.

(b)...
Read more »

1 Answer | Asked in Criminal Law for Alabama on
Q: A friend loaned me a rifle and I pawned the rifle with every intention to get it back. I did this to get medicine for

my wife’s health condition. However he decided to fial charged before I could get it back. I went to retrieve the rifle and Bibb County Sheriffs department had already seized it and charges were fialed. He was well aware of what my intentions and I was completely honest about the whole... Read more »

Travis T Juneau
Travis T Juneau answered on May 14, 2020

The first thing you should do is figure out why your friend would involve the police if they knew of your plan all along. What was your friend's motivation for calling the police and reporting the gun stolen? Next, once you have that figured out, explain everything to your lawyer and take your... Read more »

1 Answer | Asked in Criminal Law for Alabama on
Q: My friend is in federal custody and has a warrant for misdemeanor probation violation

in state he wants to take care of the probation Violation how does he go about taking care of it? As he is already facing time in federal he wants to get it all over and done with. So when he does get out he can be with his children and family.

Travis T Juneau
Travis T Juneau answered on May 14, 2020

There are numerous ways to take care of this issue. Everything from the U.S. Marshall service turning him over to the State to the State agreeing to dismiss the pending probation violation action. Much of the outcome depends on the attitude of your local prosecutors, the tenacity of his attorney to... Read more »

1 Answer | Asked in Criminal Law for Alabama on
Q: I have a felony warrant for community corrections in Morgan co.Alabama can I take care of it without going to prison

This is my second time I messed up my PO

Travis T Juneau
Travis T Juneau answered on Apr 26, 2020

The short answer is yes. Nothing in the law states that you have to go to prison. It is up to the Judge and what he/she thinks is necessary. But, just because you don't half to go to prison doesn't mean that you won't. The longer you stay in "escape status" (meaning that... Read more »

1 Answer | Asked in Criminal Law for Alabama on
Q: Can a 16 year old and a 14 year old have sexual relations in Alabama?

2

Sheila Crumley Field
Sheila Crumley Field answered on Apr 23, 2020

No the age of consent in Alabama is 16. She is still considered a child until she turns 16.

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