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Alabama Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Alabama on
Q: Charged with theft of lost property despite returning item.

How can someone be charged with theft of lost property in the fourth degree if the item was found at Walmart in February 2025 and then returned to the owner via their post office mailbox? There were witnesses present during the process, and there was communication with law enforcement when the item... View More

James L. Arrasmith
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answered on Apr 12, 2025

It can be confusing to be charged with theft of lost property when you returned the item to its owner. In some cases, even if an item is found and later returned, the person who found it may still face charges if the authorities believe there was an intent to permanently deprive the owner of the... View More

1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Alabama on
Q: Concern about positive drug tests despite not using marijuana, related to court order.

I was ordered to undergo drug testing due to a marijuana possession charge. Although I have stopped using marijuana, my tests continue to show positive results. I have communicated this issue to the relevant authorities, but I am concerned about the possibility of going to jail due to these test... View More

James L. Arrasmith
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answered on Apr 12, 2025

It’s understandable that you’re worried about the positive drug tests, especially since you’ve stopped using marijuana. The best thing to do in this situation is to continue communicating openly with the authorities and explain that you have not used marijuana recently. You may also want to... View More

1 Answer | Asked in Criminal Law for Alabama on
Q: Husband has warrant for probation violation in AL. What to do?

My husband received a public intoxication charge in Shelby County, AL, in 2011 and completed everything except attending required classes due to work commitments in Jefferson County. A warrant was issued for his probation violation. He is currently working in Georgia and seeks advice on the best... View More

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answered on Apr 12, 2025

If your husband has a warrant for a probation violation, the first thing he should do is address the warrant as soon as possible. Ignoring it can lead to more serious consequences, such as being arrested and potentially facing additional charges. He should consider contacting the Shelby County... View More

1 Answer | Asked in Contracts, Civil Litigation and Criminal Law for Alabama on
Q: Can someone press charges for reclaiming a car sold without completed payment?

I sold a car to someone in Alabama with a verbal agreement that they would pay $3,500 in total. They paid $1,000 upfront, with a remaining balance of $2,500. There was no paperwork done. After two weeks, they still hadn't paid the remaining amount, so I went to her house and took back the car,... View More

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answered on Apr 11, 2025

This is a really stressful situation, especially since there was no written contract to back up the verbal agreement. The good news is that since the car is still legally in your name and the buyer failed to pay in full, you likely still have ownership rights under Alabama law. That being said,... View More

1 Answer | Asked in Civil Rights, Gov & Administrative Law and Criminal Law for Alabama on
Q: Disabled, misled about exemption form, facing charges for sanitation non-payment.

I am disabled and unable to easily leave my house. For two years, I requested that the sanitation department mail me an exemption form for mandatory garbage pickup, as allowed each November. I have informed delivery and can confirm it was never mailed. The employee assured me multiple times that... View More

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answered on Mar 24, 2025

This is a concerning situation that clearly involves miscommunication with the sanitation department. You should immediately contact the department's supervisor or director with documentation of your previous requests and Informed Delivery records to prove you never received the form. Many... View More

1 Answer | Asked in Constitutional Law and Criminal Law for Alabama on
Q: Can police search when passed out on road?

Can the police search me and my vehicle when I'm passed out unconscious on the side of the road? The only visible sign of an emergency was me being unconscious. No one else interacted with the police during the incident, I was not informed of the reason for the search either before or after it... View More

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answered on Mar 24, 2025

If you were unconscious on the side of the road, police might argue they had a reason to check on your well-being under what's called the *community caretaking* or *emergency aid* exception. This means if they believed you needed medical help, they could approach and even search for things... View More

1 Answer | Asked in Criminal Law and Civil Rights for Alabama on
Q: Can the fbi interrogate someone for over 6yrs? Shocking and asking the same questions.
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answered on Feb 8, 2025

No, the FBI cannot legally interrogate someone for over six years while asking the same questions repeatedly. That would likely be considered harassment or coercion, which could violate constitutional rights. The Fifth Amendment protects against self-incrimination, and the Sixth Amendment... View More

1 Answer | Asked in Criminal Law and Civil Rights for Alabama on
Q: I was denied my medical records what do I half to do to get them

Someone opened a case through the mental health in the county that I live in . In 2019 I have just found out about this in the past 2 months. I ask for a copy of my records so I could file criminal charges on the person or persons responsible. They agreed to give me a copy they said it would take a... View More

James L. Arrasmith
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answered on Jan 28, 2025

It sounds like you’re going through a very difficult and frustrating situation. You have a legal right to your medical records under the Health Insurance Portability and Accountability Act (HIPAA), and a facility cannot deny access without valid reasons. Since they originally agreed to give you a... View More

1 Answer | Asked in Criminal Law and Civil Rights for Alabama on
Q: I have several black kids who have been hanging out in my basement 24/7. Police won't go under house to get them. ?????

I don't know what to do to get them out. I have a shotgun

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answered on Jan 18, 2025

It’s important to remain calm and address this situation safely. You should not take matters into your own hands, especially with a weapon, as this could escalate the situation and potentially lead to harm. Your safety and the safety of others should be the top priority.

The best course...
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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Alabama on
Q: what to do if my boyfriend had a arrest warrant out of fl and they arrested him solely on it in fort payne al and he sig
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answered on Jan 15, 2025

If your boyfriend was arrested in Alabama on a Florida warrant, you'll want to first contact the jail where he's being held to understand his status and get his inmate number. This information will be crucial for staying in touch and coordinating next steps.

Your boyfriend will...
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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

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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
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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

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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

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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?
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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

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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

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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

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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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