Lawyers, Answer Questions  & Get Points Log In
Alabama Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Alabama on
Q: What can legally happen if a 17 year old and a 14 old get in a fight?
J. Brent Burney
J. Brent Burney answered on May 26, 2020

I am sorry but I would need more information to provide a substantive answer to this question. Both participants would be juvenile, so any charges would likely be filed in the juvenile court. However, the facts of the incident could change that. For example, if there was a serious physical... Read more »

1 Answer | Asked in Criminal Law for Alabama on
Q: Im from Alabama and would like to know the chapter or articles that discuss felons around firearms.

I have a permit to conceal carry and would like to purchase a handgun soon. But I am unaware if I can get in trouble because a felon stays the night at my house sometimes. I also can lock my bedroom door from the outside with a key, so when I am at work, it wont be accessible.

Sheila Crumley Field
Sheila Crumley Field answered on May 20, 2020

Section 13A-11-72

Certain persons forbidden to possess pistol.

(a) No person who has been convicted in this state or elsewhere of committing or attempting to commit a crime of violence shall own a pistol or have one in his or her possession or under his or her control.

(b)...
Read more »

1 Answer | Asked in Criminal Law for Alabama on
Q: A friend loaned me a rifle and I pawned the rifle with every intention to get it back. I did this to get medicine for

my wife’s health condition. However he decided to fial charged before I could get it back. I went to retrieve the rifle and Bibb County Sheriffs department had already seized it and charges were fialed. He was well aware of what my intentions and I was completely honest about the whole... Read more »

Travis T Juneau
Travis T Juneau answered on May 14, 2020

The first thing you should do is figure out why your friend would involve the police if they knew of your plan all along. What was your friend's motivation for calling the police and reporting the gun stolen? Next, once you have that figured out, explain everything to your lawyer and take your... Read more »

1 Answer | Asked in Criminal Law for Alabama on
Q: My friend is in federal custody and has a warrant for misdemeanor probation violation

in state he wants to take care of the probation Violation how does he go about taking care of it? As he is already facing time in federal he wants to get it all over and done with. So when he does get out he can be with his children and family.

Travis T Juneau
Travis T Juneau answered on May 14, 2020

There are numerous ways to take care of this issue. Everything from the U.S. Marshall service turning him over to the State to the State agreeing to dismiss the pending probation violation action. Much of the outcome depends on the attitude of your local prosecutors, the tenacity of his attorney to... Read more »

1 Answer | Asked in Criminal Law for Alabama on
Q: I have a felony warrant for community corrections in Morgan co.Alabama can I take care of it without going to prison

This is my second time I messed up my PO

Travis T Juneau
Travis T Juneau answered on Apr 26, 2020

The short answer is yes. Nothing in the law states that you have to go to prison. It is up to the Judge and what he/she thinks is necessary. But, just because you don't half to go to prison doesn't mean that you won't. The longer you stay in "escape status" (meaning that... Read more »

1 Answer | Asked in Criminal Law for Alabama on
Q: Can a 16 year old and a 14 year old have sexual relations in Alabama?

2

Sheila Crumley Field
Sheila Crumley Field answered on Apr 23, 2020

No the age of consent in Alabama is 16. She is still considered a child until she turns 16.

1 Answer | Asked in Criminal Law for Alabama on
Q: my friend is in Metro he's got time served what the court said and now the metro won't release him
Sheila Crumley Field
Sheila Crumley Field answered on Apr 20, 2020

They have to have an Order or release from the judges office before they let him out. Call the judges office and request they send it to the jail.

1 Answer | Asked in Criminal Law for Alabama on
Q: What is the law and penalty of letting an 11 year old child drive a car
Sheila Crumley Field
Sheila Crumley Field answered on Apr 11, 2020

It’s still a traffic citation, driving without first obtaining a license, however it would be handled through juvenile court because the minor is 11. Also is this a situation of a parent letting a child sit in his/her lap and teaching them to drive a car in their driveway or pasture, or is it a... Read more »

1 Answer | Asked in Criminal Law, Federal Crimes, Family Law and Child Support for Alabama on
Q: Can Alabama DHR falsely charge my boyfriend with arrears and never tell him or provide docs tho we have receipts?

My boyfriend set it up so that his child support payments are deducted from his paycheck directly to Alabama DHR from day 1. We have every single pay stub from when it started. The kids are now 5 and prior to her putting him on the two boys lived with him. A few months ago we took her to court due... Read more »

Sheila Crumley Field
Sheila Crumley Field answered on Apr 11, 2020

You need to answer a few questions. Prior to him paying when they turned one, was mom on assistance? If she received any payments from the state of Alabama for assistance without a child support order, the state of Alabama can collect it if an order of support is ever entered. This is probably what... Read more »

1 Answer | Asked in Criminal Law for Alabama on
Q: Is it possible to file to dismiss a case that I’ve almost completed probation on because of several screw ups

My court appointed drug testing and classes are done by a girl I went to school with and she refused to see me for over a year now also my lawyer hasn’t been in court and many other mess ups on the courts part

Kyle D Pierce
Kyle D Pierce answered on Apr 10, 2020

If you’ve pled out already, the case is likely over, if it is a misdemeanor. If this is a major crime, there might be Rule 32 Relief available. To get to the bottom of that, you’d need to retain a criminal defense lawyer that can more easily go over the facts than we can be done on this forum.

2 Answers | Asked in Criminal Law for Alabama on
Q: person has had a felony warrant issued by the state of Al for 80000 worth of stolen property from a store?

But wouldn't have done it if he wasn't in a active addiction and has been wanting to go in to a long term rehabilitation Facility 9 months to 1 year

Kyle D Pierce
Kyle D Pierce answered on Apr 3, 2020

Then, based on their history, there may be diversion programs available that would allow them to complete cases to have the case dismissed, but you should contact and hire a criminal lawyer immediately

View More Answers

1 Answer | Asked in Criminal Law for Alabama on
Q: I have a paper signed and dated by the former director of ccp in Lawrence county and an inmate, with the EOS date

6-06-18 was the date. A warrant was issued after that and she has been in jail since January 28, also doesn't owe restitution or fines

Kyle D Pierce
Kyle D Pierce answered on Mar 31, 2020

That’s far outside the scope of any help that can be provided on a forum like this. A criminal lawyer can help you unmuddy those waters.

Generally, it seems like there is some other charge holding him.

1 Answer | Asked in Criminal Law for Alabama on
Q: My step son had a armed robbery warrant for his arrest. On 10-28-2019 the police busted down my door and searched my

home. My step son was here but does not live here. When they finally showed us the warrent The search warrant was for his address and the description of the trailer was not my trailer, but they searched my house and seized all my firearms. (I got those back 3 months later.) When they were told they... Read more »

Kyle D Pierce
Kyle D Pierce answered on Mar 31, 2020

If the warrant was for another house, then the evidence may be able to be suppressed. You need to hire a lawyer for your case quickly.

3 Answers | Asked in Criminal Law and Domestic Violence for Alabama on
Q: Can I get a restraining order?

During the COVID 19 outbreak my older sister and I have kept our parents isolated in their home, taking them things as they need and interacting with them from a distance. I called my mom Friday to see what she was doing, and my younger sister, who has been going to work everyday, blew our... Read more »

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Mar 31, 2020

Interesting question and very timely. You are asking for a judgment on a practice matter. A restraining order (which I believe would most appropriately come in the form of an Elder Protection From Abuse Order (EPFA) is very unlikely to be issued on your facts. Are your parents mentally competent?... Read more »

View More Answers

1 Answer | Asked in Criminal Law and Juvenile Law for Alabama on
Q: What do I need to do if my sixteen year old has a warrant
Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Mar 30, 2020

To state the obvious, you need to call an attorney. A lawyer can often get a warrant withdrawn and allow the defendant to appear and post a bond. Get a lawyer who does juvenile dependency in Mobile County, or criminal defense. We do both and you can contact us if you like.

1 Answer | Asked in Criminal Law and Traffic Tickets for Alabama on
Q: Can additional charges to a traffic stop that resulted in a charge but successfully defended against be dissmissed?

Lawrence Co. Alabama; As I approached the stop sign where co. Rd. 208 intersects the corner of co. Rd. 203 a state patrol rounded the corner aprox. 3-400m behind. The wheels of my car stopped and the momentum shifted backwards. I let off the brake and crossed the line to peer right, around the... Read more »

Kate Furek
Kate Furek answered on Mar 23, 2020

A lawyer would need more information before answering the question specific to your case, however, if multiple charges arise from a traffic stop, you can be convicted of those additional charges even if the ticket that was the reason for the stop is dismissed. In these situations, it's best to... Read more »

1 Answer | Asked in Criminal Law for Alabama on
Q: I was told that I have a warrant for Theft by deception. Idk what that means.

The only thing I can think of it could be would be checks I cashed that my roommate wrote to me and I found out that he later claimed were stolen but he is the person driving me to the bank and the teller line and he actually put the checks into the machine to send over to the teller. He knows I... Read more »

Travis T Juneau
Travis T Juneau answered on Mar 19, 2020

First thing to do is to stop assuming you know what events lead to this warrant. It could be any number of things to includes false allegations and misunderstandings. Then, find a good criminal lawyer and have faith that they will get to the bottom of it and work hard to reach the best outcome... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Alabama on
Q: How do I get a DV removed from my record? A couple of years back, me and my brother had a disagreement. So we started

getting in each other's faces. No punch was thrown. So whenever the police arrived, he told us that if one of us don't "own up" to throwing the first punch, we're both going to jail. I didn't want my brother to get lock up so I said I hit him so he go to jail. And now... Read more »

Travis T Juneau
Travis T Juneau answered on Mar 16, 2020

A misdemeanor DV conviction can destroy lives due to the unforeseen consequences. From the context of the question, it appears that you have already been adjudged guilty of Domestic Violence 3rd Degree. The two ways to have your Second Amendment Rights restored/ revived, that I can think of, are 1)... Read more »

1 Answer | Asked in Criminal Law for Alabama on
Q: If I’m 16 and have a robbery 1 and attempted murder charger how much tile is I’m facing
Kate Furek
Kate Furek answered on Mar 10, 2020

I would need to know more about your case. You should contact a defense attorney to assist in your case immediately. If you cannot afford one, the court will appoint one for you. Individuals who are under 21 years old at the time of the offense may apply for Youthful Offender status, your attorney... Read more »

1 Answer | Asked in Criminal Law for Alabama on
Q: What can be done about someone taking and not give back your va papers, Medicaid papers, wills, probate estate papers,

I have proof in texts

Kate Furek
Kate Furek answered on Mar 10, 2020

If you know where the person is located, call local law enforcement and report a theft. Do not engage in self help (confronting them, going to their location, threats, etc.)

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.