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Alabama Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law, Employment Law and Constitutional Law for Alabama on
Q: How can one seal a 1st&only Misdemeanor offenses from over a year ago? It’s preventing employment.

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

James L. Arrasmith
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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

1 Answer | Asked in Criminal Law and DUI / DWI for Alabama on
Q: Can a lawyer have an arrest warrant recalled in Alabama If I do not live in the state? Please read below.

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

T. Augustus Claus
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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

1 Answer | Asked in Criminal Law for Alabama on
Q: I have received a letter from the district attorney from another county that I don’t live in telling me that if I don’t

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

Travis T Juneau
Travis T Juneau
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

1 Answer | Asked in Criminal Law, Divorce, DUI / DWI and Family Law for Alabama on
Q: What could my exes outcome possibly be as far as jail time?

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

T. Augustus Claus
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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

1 Answer | Asked in Criminal Law and Constitutional Law for Alabama on
Q: I WAS ARESTED FOR FALSE IMPRISONMENT MONTHS AGO, 2 WEEKS AGO I WAS ARRESTED FOR FALSE IMPRISONMENT AGAIN. IS THAT LEGAL?

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.

James L. Arrasmith
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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

1 Answer | Asked in Criminal Law for Alabama on
Q: Can the DA still charge someone with poss w/ intent even though the trafficking charge was dropped to possession?

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

James L. Arrasmith
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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...
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1 Answer | Asked in Native American Law, Criminal Law, Civil Rights and Constitutional Law for Alabama on
Q: If probable cause was obtained from officer with no jurisdiction on tribal land is search warrant valid?

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

James L. Arrasmith
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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...
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1 Answer | Asked in Criminal Law and Military Law for Alabama on
Q: If you go awol in basic training for around 150 days, is there any way you can get discharged earlier than your serving
James L. Arrasmith
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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

1 Answer | Asked in Criminal Law, Family Law and Constitutional Law for Alabama on
Q: Falsely arrested and gun was unlawfully taken no right read to me was shoved into the cop car with known panic disorder

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

James L. Arrasmith
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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

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Juvenile Law for Alabama on
Q: What can I do if my son has been falsely accused of making a threat to the school. It was assumptions and accusations.

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

James L. Arrasmith
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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

1 Answer | Asked in Criminal Law for Alabama on
Q: can i record a conversation between me and one other person with out me telling her
Christine Hernandez
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Christine Hernandez
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

1 Answer | Asked in Criminal Law, Civil Rights and Municipal Law for Alabama on
Q: I'm 18 can I carry a pistol in Alabama for my protection also not active military or law enforcement does that matter?
James L. Arrasmith
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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

1 Answer | Asked in Communications Law, Criminal Law, Federal Crimes and Internet Law for Alabama on
Q: My ex husband took naked pictures of me w/out my knowledge while I was sleeping, put them on the internet.

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

James L. Arrasmith
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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

1 Answer | Asked in Criminal Law, Civil Rights and Education Law for Alabama on
Q: My under age son was videoed naked in the locker room at school and it was shared on social media what can I do

He was naked and it was shared on social media and to people at the school

James L. Arrasmith
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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...
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1 Answer | Asked in Criminal Law, Personal Injury and Civil Rights for Alabama on
Q: Is it legal for an officer to intimidate you by telling you they know you filed a complaint against one of their officer

After telling you they know who you are and know you filed a complaint against one of their officers , and proceeds to say they are getting a search warrant for your home , you go back toward your home and tell you child that’s inside to lock the door because this is retaliation and... View More

James L. Arrasmith
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answered on Jul 28, 2024

What happened to you sounds extremely distressing and potentially unlawful. Intimidation and threats from law enforcement officers can be grounds for legal action, particularly if they involve retaliation for filing a complaint. If an officer entered your home without a search warrant and used... View More

1 Answer | Asked in Criminal Law and Civil Rights for Alabama on
Q: I'm looking for a lawyer that would take on my false imprisonment case if somebody can give me some phone numbers or.

Emails would be helpful thanks

James L. Arrasmith
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answered on Jun 21, 2024

I can offer some general guidance on finding legal representation for a false imprisonment case:

1. Contact your local bar association in Alabama. They often have lawyer referral services that can connect you with attorneys specializing in civil rights or criminal law.

2. Search...
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1 Answer | Asked in Criminal Law for Alabama on
Q: Is it okay for a judge that used to be an attorney to hear someone's case that used to be that person's attorney

Drug possession criminal mischief

John Michael Frick
John Michael Frick
answered on Apr 9, 2024

It depends on whether the judge was the defendant's attorney in the same case or in a "substantially related matter."

1 Answer | Asked in Criminal Law, Municipal Law and Traffic Tickets for Alabama on
Q: The police won’t let me get my purse from my towed truck. First I needed a notarized bill of sale. Now the title.

My keys to the car I drive everyday is in my purse inside the truck. That’s all I won’t but they continue to change the rules so I can’t get it. Is this legal?

James L. Arrasmith
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answered on Nov 9, 2023

Based on the information provided, the police requiring increasing documentation from you before releasing your personal belongings from the impounded vehicle is likely unreasonable and illegal under Alabama law.

Some key points:

- The police have a right to impound a vehicle, but...
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1 Answer | Asked in Criminal Law for Alabama on
Q: My husband is incarcerated in ADOC currently. I am trying to get some information.

We are trying to find out if anyone has ever been released on good time with his charge. He was charged with Possession of Obscene Material Under 17 years of age. ADOC is denying him good time. The law seems a little ambigious to us so we are trying to do some research before trying to decide if we... View More

James L. Arrasmith
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answered on Nov 9, 2023

To find out if someone has been released on good time with the same charge as your husband, you could start by reviewing Alabama's statutes and administrative regulations regarding sentence reductions and credits for good behavior. These laws will outline which offenses are eligible for good... View More

1 Answer | Asked in Appeals / Appellate Law, Criminal Law and Social Security for Alabama on
Q: has there been any cases in Florida that a 15-year sentence been overturned in appeal on a state level
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answered on Nov 7, 2023

Each case is unique, with appeals typically based on procedural errors, incorrect application of the law, or new evidence. The success of an appeal depends on the specific facts and legal issues involved. You can research case law or consult with an attorney who has experience in criminal appeals... View More

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