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Alabama Criminal Law Questions & Answers
1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Alabama on
Q: What civil and constitutional rights are broken when the courts fail to produce medical records of a alleged victim

Courts alleged that assault occurred on October 24th,2018. On February 26th,2020 (plea date). No medical records. October 27th,2020 (I filed Motion of Discovery). No medical records. Now, November 3rd,2023, courts have set "Show Cause"hearing for fine & restitution unpaid. No medical records.

James L. Arrasmith
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answered on Nov 5, 2023

If the courts have not provided medical records that are relevant to your case despite proper requests through discovery, this could potentially impact your right to due process under the Fourteenth Amendment. Due process includes the right to a fair trial, which encompasses the ability to review... View More

1 Answer | Asked in Criminal Law for Alabama on
Q: I am charged with 2nd degree assault after someone sent me a textt hreaghtening my life. I called the police and they sa

The policecame and said they saw no threaght. The victom showed up with others after and attemppted violence. I defended myself. I was indicted for assault

T. Augustus Claus
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answered on Nov 2, 2023

Under Alabama law, self-defense is a justification for assault. Self-defense is justified when you reasonably believe that you are in imminent danger of serious physical injury or death and that the force you use is necessary to defend yourself.

In your case, you may be able to argue that...
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1 Answer | Asked in Criminal Law for Alabama on
Q: I am charged with burglary in the 3rd degree. I stupidly followed a friend into a vacant unit. He stole golf clubs.

While I didn't take anything I was charged. It is on video who took the golf clubs. The clubs were voluntarily returned to the owner. They were never in my possession.The owner pressed charges. I am 22.

This is my first offense. What do I do?

T. Augustus Claus
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answered on Oct 26, 2023

In Alabama, you're facing a charge of burglary in the 3rd degree, and it's positive that you're seeking guidance on how to handle the situation. Given the circumstances where you followed a friend into a vacant unit and didn't take anything, it's important to address this... View More

1 Answer | Asked in Criminal Law and Sexual Harassment for Alabama on
Q: In Alabama who do sheriff's report internal allegations of sexual assault to?

If several inmates in Alabama have made allegations of sexual assault from a sheriff's deputy, who would the sheriff be required to report those allegations to?

T. Augustus Claus
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answered on Oct 17, 2023

The sheriff is required to report internal allegations of sexual assault to the Alabama Attorney General's Office. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney.

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Alabama on
Q: Can you be sent to prison on charges that are pending

My uncle is in prison on charges that he ant been found guilty on all his charges are still pending

James L. Arrasmith
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answered on Sep 11, 2023

In the legal system of the United States, individuals can indeed be held in jail while charges against them are pending; this is not equivalent to being sentenced to prison. When someone is arrested and charged with a crime, they may be held in pre-trial detention, especially if they are perceived... View More

2 Answers | Asked in Criminal Law, Personal Injury and Civil Rights for Alabama on
Q: I was driving on the freeway and a lady felt that I cut her off she got upset and threw an unopened drink can at my car

She then pulled in the lane ahead of me and attempted to cut me off

T. Augustus Claus
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answered on Aug 31, 2023

Encountering an aggressive road rage incident on the freeway, as you described in Alabama, can be unnerving. It's crucial to prioritize safety and remain composed in such situations. Instead of escalating the conflict, focus on driving safely and avoiding any engagement with the aggressive... View More

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1 Answer | Asked in Criminal Law and Legal Malpractice for Alabama on
Q: Can my lawyer represent me in case against a defendant and then represent the defendant on a deferent case
T. Augustus Claus
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answered on Aug 17, 2023

In Alabama, as in most jurisdictions, an attorney representing a client in a case against a defendant would typically have a conflict of interest if they were to then represent the same defendant in a different case. This scenario could potentially compromise the attorney's duty to provide... View More

1 Answer | Asked in Criminal Law, Landlord - Tenant and Personal Injury for Alabama on
Q: What can I do when a landlord asks for sex and touches me?

My landlord is an 82 year old gay male that ask me to let him perform oral sex on me. He also repeatedly touches me. I have told him I'm straight and to stop touching me countless times yet it still happens. What are my avenues to stop this other than moving as I'm in a bad spot and rent is cheap.

William Vann Burkett
William Vann Burkett
answered on Aug 15, 2023

Based on the facts that you are reporting, your landlord may be acting in violation of criminal statutes. Further, his conduct may give rise to several civil claims for assault, battery, or other torts. You should contact a local personal injury attorney to review your case and discuss your legal... View More

1 Answer | Asked in Criminal Law and DUI / DWI for Alabama on
Q: Can the person I bailed out of jail get put back in jail?

I bailed a relative out of jail who was charged with 2 counts of DUI manslaughter and he promised that he would never drink or drink and drive again however he lied and now he's doing the same thing. He shows no remorse and doesn't seem to care about what happened. Is there any way to... View More

Robert H. Hanaford
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answered on Aug 11, 2023

Unfortunately, he will probably get arrested again and his bond will be revoked. Also, if no alcohol is a condition of his pretrial release he may have bond revoked. Good luck.

1 Answer | Asked in Criminal Law and Probate for Alabama on
Q: My husband was sentenced to 45 days in jail on July 18th but was arrested on July 14th when would his sentence start.

My husband was arrested on July 14th he was sentenced on July 18th to 45 days for probation revocation in Mobile Alabama he's wondering when his actual sentence starts.

Anthony M. Avery
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answered on Aug 7, 2023

If he did not bail out he should get credit for time served since the arrest. This should have been addressed in Court when convicted on the 18th.

1 Answer | Asked in Criminal Law, Social Security and Identity Theft for Alabama on
Q: My mom has been using my SSN, my sister's SSN, My dad's SSN (Ex husband) to take out loans, use for energy bills.

I'm 21 years old an my sister is 28 an so forth. For months now we been having issues with our mom who we don't talk to since she's unstable. I have proof she's been using our SSN to even give her undocumented boyfriend a job also plus she put me $1k in debt for her bills. I... View More

James L. Arrasmith
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answered on Aug 6, 2023

The first step is to gather all relevant evidence and consider filing a police report to initiate a criminal investigation. For civil remedies, you may wish to consult with an attorney experienced in identity theft cases to initiate a lawsuit for damages and to assist in the recovery of the money... View More

1 Answer | Asked in Criminal Law for Alabama on
Q: Is there any law against someone buying on credit with never intending to pay for it?

I have customers that finance their home furnishings and never make the first payment. Purchases range from 500-9000

T. Augustus Claus
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answered on Aug 3, 2023

Engaging in the act of purchasing items on credit with no intention of paying for them is generally considered fraudulent and illegal. This type of behavior is commonly known as "fraudulent inducement" or "fraudulent misrepresentation."

If a person intentionally enters...
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1 Answer | Asked in Criminal Law for Alabama on
Q: Can gps information be used in a criminal case if it was not obtained with a warrant in al
T. Augustus Claus
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answered on Jul 20, 2023

The use of GPS information in a criminal case without a warrant can be a complex legal issue, and it often depends on the circumstances and applicable laws in the jurisdiction where the case is being tried.

In 2012, the U.S. Supreme Court addressed the use of GPS tracking in criminal cases...
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1 Answer | Asked in Criminal Law for Alabama on
Q: I missed court cause of family problems and my charge was eluding but I was the passenger and now I have a warrant

I tried contacting them no answer what should I do ?

Don Oliver Keene
Don Oliver Keene
answered on Jul 4, 2023

You should get a local criminal defense attorney, if you cannot afford one, you can surrender yourself (which you will likely have to do at some point or another now anyway) and assert your right to be appointed an attorney and you will get a Public Defender or another court appointed attorney. It... View More

2 Answers | Asked in Criminal Law, Civil Rights and Landlord - Tenant for Alabama on
Q: I live in apartment complex and my neighbor across from me keeps recording everything I do and turns it in

She turns in who comes to my apartment who leaves if someone is smoking every little thing I do I don't bother her I stop any company after 10 pm

Don Oliver Keene
Don Oliver Keene
answered on Jun 14, 2023

This is tricky, its riding the line. It's not quite harassment under Code of Alabama §13A-11-8, because there is no contact or obscene gesture and it's not quite violating Ala. Code § 13A-11-30 about videotaping others because outside of your apartment you do not have a reasonable... View More

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1 Answer | Asked in Criminal Law for Alabama on
Q: Always wondered if you where charged with murder and then found innocent. They can't charge you again right

Couldn't you then kill someone and not get charged because of Double Jeopardy.

And what if the person was missing and they thought you killed them and then they were found couldn't you kill them since Double Jeopardy. And if they did you could sue them for double jeopardy(heard... View More

Don Oliver Keene
Don Oliver Keene
answered on Jun 4, 2023

No.

So, Double Jeopardy applies to the specific act. So, if you were charged with killed Person A who is actually away on vacation, then you are put on trial and convicted for murder of Person A, then person A shows up alive and well so you are released. If you then intently kill person A...
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1 Answer | Asked in Criminal Law, Civil Rights and Legal Malpractice for Alabama on
Q: Is the Attorney obligated to represent client?

An attorney filed a petition for expungement for his client. The Court grants an Order for the Expungement. The Police violate the Court Order. Is the Attorney ethically obligated to file a motion for Contempt against the Police on behalf of his paying client?

Joel Gary Selik
Joel Gary Selik
answered on Apr 17, 2023

No. Unless the fee agreement indicates otherwise, or is not specifically limited, the attorney's duties end on the job hired for is completed.

1 Answer | Asked in Criminal Law for Alabama on
Q: My husband was already on bond and got arrested with new charges and a bond was set for those charges but they revoked h

His bond , how can I get it reinstated

Travis T Juneau
Travis T Juneau
answered on Apr 11, 2023

Now that your husband's bond has been revoked by court order, there are only two ways for him to be eligible to make bond in the new case 1) a new court order reinstating his bond would make him eligible for release or 2) the older case gets resolved thus taking him off bond in that case. The... View More

1 Answer | Asked in Criminal Law for Alabama on
Q: My husband graduated drug court in 2015. If he is charged again will the previous charges affect him
Travis T Juneau
Travis T Juneau
answered on Apr 11, 2023

It will affect a new charge but will not be counted as a prior conviction if the drug court charges are dismissed. The prosecutors will consider it, and the fact that he has been through drug court in the past may limit your husband's options. Still, if he is found guilty of the new offenses,... View More

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Alabama on
Q: What is a certain issue

I was told my case needed investigation of certain issues

Travis T Juneau
Travis T Juneau
answered on Feb 7, 2023

A "certain issue" is another way of saying that there are red flags in your case that someone noticed that need to be explored further. It is the generic term for a discrepancy in the facts or a legal issue that needs to be answered before someone, likely your attorney, feels comfortable... View More

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