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Alabama Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Alabama on
Q: Can a police officer pick a child up from school without parent permission to
Samuel G McKerall
Samuel G McKerall answered on May 3, 2018

It depends. Why did the officer pick him up? Did he murder someone? If so, the officer can arrest him and take him to jail. Did he commit some kind of assault on another student? Or a teacher? If so, the officer can arrest him and take him to jail. If the officer's purpose had nothing to do... Read more »

1 Answer | Asked in Criminal Law for Alabama on
Q: Age limit in Alabama that a child can be left unattended in a car for a little while.
Samuel G McKerall
Samuel G McKerall answered on May 3, 2018

What is the matter with you? Who leaves their child unattended anywhere in a car for even one second? There is no age limit defined by the law.

WARNING: I am not your lawyer and providing you with the generic information, definition, clarification or explanation you seek about a legal...
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1 Answer | Asked in Federal Crimes and Criminal Law for Alabama on
Q: I was on imvu girl claimed to be over 18 had no idea she was 13 till i asked she persuaded me sexually should i worry

Im bipolar dont understand law and if reported how long before arrest

Samuel G McKerall
Samuel G McKerall answered on Apr 19, 2018

Yes, you should worry. You posted this under "Federal Crimes". Its unlikely to be a federal crime, unless you took the girl across a state line for the purpose of having sex with her, or maybe if you had sex with her on federal property, like Redstone Arsenal, which is next door to your town.... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Alabama on
Q: How can I get a 3rd degree domestic violence charge in Alabama removed, I was 20 at the time and plead guilty.

Me and my ex wife plead guilty to a misdemeanor domestic violence charge back in 2012. We were both pretty scared since neither had been in trouble with the law before and plead guilty during the hearing in the belief that it would make things easier on the court and therefore us. I was not aware... Read more »

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Apr 17, 2018

This is an excellent example of how ignorance of the law can really hurt a person. You have pleaded guilty to DV3rd and now wish you had not. Alabama's law on expungement won't work when you pleaded guilty.

Your YO status is long gone.

1 Answer | Asked in Criminal Law for Alabama on
Q: Sex offender status question

An individual is convicted of a felony sex crime in a state "A" that does not require sex offender registration for the offense. After completing the sentence set forth by state "A" , the individual is released from all legal restrictions. Due to a job offer, he decides to move to state "B" in... Read more »

Stewart Whaley
Stewart Whaley answered on Apr 15, 2018

I’m not licensed in Alabama, but generally, for my clients moving in/out of Arkansas I see issues where state B’s require registration for the same or similar offense. Even if the crime of conviction did not require registration in State A, be very, very careful about what state B will do.... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Alabama on
Q: I am in Birmingham, AL. how long do I have to file complaints for charges against domestic violence?
Bill Powers
Bill Powers answered on Apr 9, 2018

Thanks for the inquiry. Normally DV complaints are filed as soon as possible after an incident.

bill

1 Answer | Asked in Criminal Law for Alabama on
Q: 13a-12-212, If a person is in possession of multiple controlled substances, can they be charged a count for each c/s ?

example, I just arrested a person for Unlf. Poss of a controlled sub. During a lawful felony warrant arrest, I searched the subj. and found him to be in poss of suboxone and Adderall. According to our da's office in Mobile, he can can only be charged with 1 count. Why is that and is there any case... Read more »

William C. White II
William C. White II answered on Apr 2, 2018

This is correct. Alabama caselaw has held that you can only be charged once, even with different controlled substances.

1 Answer | Asked in Criminal Law for Alabama on
Q: DV 3RD I GOT MY GUN AND LOADED IT CAUSE SHE CALLED HER DAD BUT I NEVER THREATENED HIM JUST PROTECTION IS IT MENACING

Me and my wife had Been arquing She called her dad because he was gonna make me leave my home and I went got my gun loaded it and had it ready to protect my self in my pocket but he never showed up they arrested me and charged me with DV 3rd menacing as my wife as the victim. I never made any... Read more »

William C. White II
William C. White II answered on Apr 2, 2018

Based on the facts you presented, it sounds like you have a good defense to a menacing charge if you never pointed the loaded weapon at anyone, or threatened anyone with it.

1 Answer | Asked in Criminal Law for Alabama on
Q: What state don't extradite
William C. White II
William C. White II answered on Apr 2, 2018

I believe that all 50 states have various laws and agreements to extradite for felonies. A small minority of states do not extradite for misdemeanors.

1 Answer | Asked in Criminal Law, Real Estate Law, Probate and Small Claims for Alabama on
Q: if my uncle signed everything into his girlfriend's name then dies the next day is she still entitled to the estate
Jack T. Carney
Jack T. Carney answered on Apr 2, 2018

I can provide a general answer, but you may need to speak to legal counsel who can provide you with specific recommendations and advice, which would require an attorney to closely review all of the facts. For example, "signed everything into" could mean a transfer, a payable on death designation... Read more »

1 Answer | Asked in Consumer Law, Criminal Law, Family Law and Real Estate Law for Alabama on
Q: how do you find municiple codes for new hope alabama

There does not seem to be any listing on city website or any transparency at all. Is it even required for a city to publicly publish city code and law and is it not against some sort of checks and balances for the city hall to charge 25 cents a sheet for any physical copy of information on such... Read more »

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Mar 4, 2018

You might call city hall...

1 Answer | Asked in Bankruptcy, Criminal Law, Divorce and Collections for Alabama on
Q: I have a court order that I have to pay mortgage payments in martial home till it sale. But I can't afford to pay it.

It's solely in my ex wife's name but I am ordered to pay mortgage. I am on disability and can't afford to pay the martial home mortgage and my current mortgage. Can I file bankruptcy on a order? This order puts me over budget per month around 1000$.

Rafael Gil III
Rafael Gil III answered on Mar 2, 2018

This is a complex case with many factors. This debt may or may not be in the nature of a domestic support obligation. Generally, DSO are not dischargeable in a bankruptcy. There are factors that will determine it like how the income between you and your ex, children together, etc. I would... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Alabama on
Q: I have been charged with dv 3 by my children father but we both had injures but they said his injuries were worse.

We both have a pfa in order & we have 2 small daughters ages 2 & 1. How can I get full custody of my daughters?

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Feb 20, 2018

The State of Alabama has charged you with DV 3rd. not your husband. You need to get some legal advice right now. If you are convicted of DV3 a presumption will be raised that you are not a fit person to have custody of children. Who bloodied who worse is a police matter. You better concentrate on... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Alabama on
Q: A few months ago I got my wife on video punching me and kicking me while I was on the floor. Type 3 misdemeanor?
Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Feb 5, 2018

Yes, if you want to go and ask a Magistrate to swear out a complaint. You will be asked why you've waited a "few months" --- probably to hold it over her head?

1 Answer | Asked in Juvenile Law and Criminal Law for Alabama on
Q: Can a 24 year old get in trouble for talking to a 17 year old?
Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Feb 4, 2018

Talking to??? You mean having sex with, don't you?

Here is the statute:

Alabama Age Of Consent Law:

13A-6-70: (c) A person is deemed incapable of consent if he is: (1) Less than 16 years old...

13A-6-67 : (a) A person commits the crime of sexual abuse in the second...
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1 Answer | Asked in Criminal Law and Juvenile Law for Alabama on
Q: Stolen Automobile

My friend stole his grandpa's truck and came and picked me and a guy up. His grandpa is pressing charges what would you think the results would be? I'm 14 years of Age in Alabama

Samuel G McKerall
Samuel G McKerall answered on Feb 3, 2018

With a good lawyer you probably won’t be found guilty of anything because under the facts as stated you didn’t do anything. With no lawyer you may get caught up in the system and not be able to avoid a conviction. On the brighter side, your friend is probably not guilty of the felony crime if... Read more »

1 Answer | Asked in Criminal Law for Alabama on
Q: Need a copy of a criminal indictment, court clerk told me it is not a matter of public record. Is this true?

I am a journalist requesting information about a criminal case which hasn't yet gone to trial. I asked questions of the Lee County Circuit Court Clerk, but was told "no comment." I asked for a copy of the indictment, and was told it is not public record. I am unfamiliar with Alabama law, but it has... Read more »

Samuel G McKerall
Samuel G McKerall answered on Feb 2, 2018

Indictments are typed up in the prosecutor's office. They are not valid and are therefore confidential unless and until they are (a) signed by the foreman of the grand jury as a "true bill", (b) delivered to the Clerk of the Circuit Court, (c) served on the defendant and (d) the Clerk opens the... Read more »

1 Answer | Asked in Criminal Law for Alabama on
Q: I am being charged with assault 3rd she wants me to pay for her hair being pulled. Can I get out of that?

I told the girl 3 times to leave me alone I then threw my drink in her face and pulled her hair. She pressed charges on me for assault and now wants me to pay over 1500$ for her to get some extensions. You also can’t tell in the video if I pulled her hair or not. I can not afford a lawyer but... Read more »

Samuel G McKerall
Samuel G McKerall answered on Jan 28, 2018

You can't afford a lawyer? OK. Get ready to figure out how to earn a living with greatly reduced employment opportunities for the rest of your life. That would be after any possible jail sentence and income you'd lose if incarcerated. You are NOT equipped to deal with law enforcement and the... Read more »

1 Answer | Asked in Criminal Law for Alabama on
Q: if someone presses charges against me and I'm schedule for a bench trial concerning unauthorized use of vehiclr

but they don't show up on courtesy, who pays court costs?

Samuel G McKerall
Samuel G McKerall answered on Jan 21, 2018

Usually, the court will continue the case at least once in order to give the complainant one more chance to show up in court. Sometimes the judge will send the officers or deputies out to bring the complainant to court. If the complainant cannot be found the case will be dismissed, although in... Read more »

1 Answer | Asked in Criminal Law for Alabama on
Q: Is a felony attempt to elude charge and reckless endangerment charge in Alabama federal charges?
Samuel G McKerall
Samuel G McKerall answered on Jan 20, 2018

Maybe, and maybe not. These are usually state charges, but if the offense(s) occurred on federal property, for example, one of our several military bases, a federal courthouse, or a post office, or involved a federal officer or employee, the charge would most likely be federal.

WARNING: I...
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