Lawyers, Answer Questions  & Get Points Log In
Alabama Criminal Law Questions & Answers
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
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

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
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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 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
PREMIUM
Robert H. Hanaford pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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, 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 neighbor burned my house down and was found guilty,the local DA got him out with understanding I was to receive

My money loss ,time has passed no money,and criminal has sold his house no word from criminal or DA,do I have any rights or options to try to cover my loss,

Travis T Juneau
Travis T Juneau
answered on Jan 24, 2023

You should call a personal injury attorney in your area to determine if you can and should file a civil lawsuit against your neighbor.

1 Answer | Asked in Consumer Law and Criminal Law for Alabama on
Q: In Alabama If someone doesn’t pay after having a debt judgement against them can they be jailed for contempt of court

Ex husband of person who received letter passed away about 4 years ago. Judge in divorce case said he was to pay the debt. She got a letter saying she had ten days to pay or at end of ten days she has to surrender to law enforcement

Allan Lamar Armstrong
Allan Lamar Armstrong
answered on Jan 11, 2023

If it's a failure to pay court ordered child, then it's not the same as an ordinary money judgment. Contempt is possible based on noncompliance with a court order.

1 Answer | Asked in Criminal Law for Alabama on
Q: I just got convicted of a felony in Indiana. In Alabama whr i live, same offense is a misdemeanor. How does tht work?

Resisting with a motor vehicle level 6 felony in Indiana. Its a misdemeanor in alabama. How does that work.

Hayden Glass Sizemore
Hayden Glass Sizemore
answered on Dec 30, 2022

State laws vary from state to state. If the crime was committed in Indiana, then Indiana law applies. Whether Alabama considers it a misdemeanor is irrelevant.

1 Answer | Asked in Criminal Law for Alabama on
Q: I got pulled and got charge with control substance signed my self out on bond and now they want me to give them names i

Iam scared

Hayden Glass Sizemore
Hayden Glass Sizemore
answered on Dec 30, 2022

You should hire an attorney. Attorneys generally advise defendants not to make statements to law enforcement.

1 Answer | Asked in Criminal Law for Alabama on
Q: Unlawful distribution/furnc what does furnc mean
Travis T Juneau
Travis T Juneau
answered on Dec 21, 2022

It is short for furnishing, as in making available or transferring.

1 Answer | Asked in Criminal Law for Alabama on
Q: I was recently pulled over, the officer didn't give reason to why he pulled me over.but he cited me for driv w/ susp &

switched tag. also, I had a warrant for FTA on prev Dr w/susp. I was cuffed put in back of patrol car immediately. he began to search vehicle w/o my knowledge and completely out of sight. he then brought to my attn he found something. he proceeded to pull a Ziploc bag from his shirt pocket... View More

Cy Matthew Abdo
PREMIUM
Cy Matthew Abdo pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 5, 2022

You will need consult with an attorney licensed to practice law in your home state which appears to be Alabama. Attorneys are required to meed specific qualifications in order to practice in another state. The warrant made it legal for the police to detain you and search your vehicle prior to... View More

1 Answer | Asked in Business Law, Civil Litigation, Criminal Law and Products Liability for Alabama on
Q: Does the law allow Repo agent to search a repoed vehicle? What does the law require of guns found in recovered vehicle?
Allan Lamar Armstrong
Allan Lamar Armstrong
answered on Aug 26, 2022

Normally, an inventory of personal property is taken. The owner should then be allowed to retrieve the property.

1 Answer | Asked in Criminal Law for Alabama on
Q: Can 2 both be charged with drug trafficking if no one claims the it while both in the same car
Travis T Juneau
Travis T Juneau
answered on Aug 8, 2022

The short answer is yes, both can be charged with one quantity of narcotics even if one claims the narcotics as their own. Under the rules on "constructive possession" a person needs only to have knowledge and an intent to exert dominion or control over the narcotics to be convicted of... View More

1 Answer | Asked in Criminal Law for Alabama on
Q: If your being arrested does the officer have the right to tow your vehicle
Nelson Craig Johnson
Nelson Craig Johnson
answered on Aug 3, 2022

If you are arrested while operating a vehicle the officer does have the option to tow your vehicle. If you have a passenger that is not being arrested the officer has the option to allow that person to take the vehicle for you if you consent.

Similarly, if you are arrested on someone...
View More

1 Answer | Asked in Criminal Law and Federal Crimes for Alabama on
Q: Can a person be charged with felon in possession of a handgun but don't have the gun on them?
William Jaksa
William Jaksa
answered on Jun 30, 2022

Yes. Constructive possession. The police just to prove that it was your firearm and that you had control over it, or were able to exert control over it. Much easier if they found you in possession of the firearm, but not impossible to prove.... View More

1 Answer | Asked in Criminal Law for Alabama on
Q: What is a person charged with if he knew and saw someone committing murder and doesn't call the authorities in Alabama?
William Jaksa
William Jaksa
answered on Jun 30, 2022

Typically there is no requirement to report a crime to police or come forward as a witness, with some exceptions. Most civil servants and law enforcement employees are required to report, and most states have laws requiring people to report child abuse. That being said, if the person was a regular... View More

1 Answer | Asked in Criminal Law, Personal Injury and Civil Litigation for Alabama on
Q: I've had an affair with a client. I ended it, but he keeps pursuing me, and threatens to tell my job. What can I do

He calls, texts, and has sent things to my job. After being told not too. Im starting fear for my safety. He has incriminating text and pictures that support the affair but I also have text and emails asking him to stop contacting me.

Travis T Juneau
Travis T Juneau
answered on Jun 1, 2022

You may want to take a look at the crime of Stalking Second Degree, which states, in the relevant part, that if a person intentionally acts with an improper purpose, repeatedly harassed, telephoned, or initiated communication with another person and caused that person to reasonably fear for that... View More

1 Answer | Asked in Criminal Law for Alabama on
Q: Can a person crimal record be wiped clean like for drugs and jail. If so how is that possible. Please help me.

I can't find nobody who can help me. Please if someone can tell .thank you

Travis T Juneau
Travis T Juneau
answered on May 31, 2022

It sounds like what you are looking for is either 1) a pardon or 2) expungement. The ability to have your record "wiped" depends on if you were convicted or not and what the charges were. Not all drug charges can be expunged. If you are looking to have your record sealed then I suggest... View More

1 Answer | Asked in Traffic Tickets and Criminal Law for Alabama on
Q: In Alabama can county officers from another country, allow to conduct traffic stops in another county.
Travis T Juneau
Travis T Juneau
answered on May 17, 2022

I'm sorry to have to say this but, it depends. Jurisdiction of a county office doesn't immediately end at the county line. There is an area of concurrent jurisdiction. This means that there is a buffer zone where the counties meet in which officers from both counties are well within their... View More

Justia Ask a Lawyer is a forum for consumers to get 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 you and Justia, or between you and any attorney who receives your information or responds to your questions, 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.