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Alabama Criminal Law Questions & Answers
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
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
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
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
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
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
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
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
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...
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2 Answers | Asked in Criminal Law for Alabama on
Q: Will I be drug test at a arraignment hearing
Gary Kollin
Gary Kollin answered on Feb 25, 2019

Y

View More Answers

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
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
Gary Kollin answered on Feb 1, 2019

Retain an attorney

1 Answer | Asked in Criminal Law, Communications Law and Health Care Law for Alabama on
Q: Are radiologists free to be careless, by not putting 'all that may be wrong' on reports?

The CT shows one side is more dense than 6 months ago, the brain sinus hyperattenuations are not mentioned. Dr.'s do not or can not view radiological films, due to being 'overridden' by what the radiologist says.

Tim Akpinar
Tim Akpinar answered on Jan 30, 2019

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?... Read more »

1 Answer | Asked in Criminal Law for Alabama on
Q: My home was searched and property was seized while I was on vacation what do I do now that I'm home
Samuel G McKerall
Samuel G McKerall answered on Jan 6, 2019

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.

1 Answer | Asked in Criminal Law for Alabama on
Q: Charged of possesion of marijuana of 2nd degree and paraphernalia by a municipal court in AL, what could the penalty be?

I was very cooperative with the police and they said they were going to help and put on a good word for me. What should I do next? Considering I am an international student and don’t have much money for a lawyer or to pay the fine and court costs?

Christopher Weaver
Christopher Weaver answered on Sep 4, 2018

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... Read more »

1 Answer | Asked in Criminal Law, Divorce, Civil Rights and Domestic Violence for Alabama on
Q: Hello, I am 75 years old, I have filed for divorce in Florida, we live with our son in Alabama,

Last night she called the police because I asked her to pay the bills on the 4th of next month, the police came and asked me to leave, I am a senior disabled handicapped male with 8 back surgeries and an Cardiac stent.

I see no reason for this type of treatment by the police, I had to leave... Read more »

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Aug 28, 2018

I am an Alabama Lawyer. I don't handle Fla. divorces

1 Answer | Asked in Criminal Law for Alabama on
Q: Probation officer took my wife to jail for probation violation on 1st failed drug test. Is there anything that i can do?

My wife was arrested a couple years ago and last month finally came to a plea agreement of misdemeanor posession marijuana 2nd and got 1 year suspended jail sentence and 2 years supervised probation and assessment at a court referral. We had some problems and she missed her assessment 2 times and... Read more »

Christopher Weaver
Christopher Weaver answered on Aug 26, 2018

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... Read more »

1 Answer | Asked in Criminal Law for Alabama on
Q: Is it constitutional to be made to take a drug test the day of court
Christopher Weaver
Christopher Weaver answered on Aug 26, 2018

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...
Read more »

1 Answer | Asked in Criminal Law for Alabama on
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.

They caught in back in March with two other ppl. The vehicle was inpounded and the police found drugs in it three days later, non of the three was charged with trafficking. Now they pick him up for UPOCS and took him to county and popped the trafficking charges on him. Can someone help

Brian Joseph Lockwood
Brian Joseph Lockwood answered on Aug 24, 2018

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... Read more »

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

My brother and I got into a verbal argument at our parents home, the only physical contact was us being pushed away from each other. I was taken in for domestic violence in the 3rd. This is the first time I’ve ever been arrested, I’m 22, have a family and a career. I’m going to plead not... Read more »

Kristine Jones
Kristine Jones answered on May 8, 2018

You should contact a criminal law attorney to make sure it's handled properly to not adversely impact your future. Best of luck!

1 Answer | Asked in Criminal Law for Alabama on
Q: Can a police officer pick a child up from school without parent permission to
Samuel G McKerall
Samuel G McKerall answered on May 3, 2018

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... Read more »

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