Expungement may be possible but is dependent on when he was "acquitted," how the case was handled, and what he was accused of. There are different rules for felonies, misdemeanors, and traffic violations. As of 2021, most charges that did NOT result in a conviction can be expunged. He... View More

What is the subject of the outstanding warrant?

Bankruptcy does not address criminal matters, so I don't see the connection.

Go see a local bankruptcy lawyer for assistance and explanation

If the victim contacts the District attorney's office directly you may be able to get them to dismiss the charges. Many times they understand that if the victim is not willing to testify it will be hard to get a conviction, so rather than fight a losing battle they will just let it go.

You should get in contact with a criminal defense attorney and allow him to get discovery (specifically body cam video) and evaluate the case. Based on the facts provided here I do not see a reason why a search of the home would have been justified, but without a full review of the facts of the... View More

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answered on Mar 10, 2022

Prison is considered an institution for confinement of persons convicted of serious crimes, such as felonies and the sentences imposed are usually beyond a year. Jail is considered an institution for smaller crimes, such as repeated traffic violations or misdemeanors. In Alabama, every misdemeanor... View More

The chain of evidence relates to who had custody of an item or piece of evidence when to ensure it is preserved in an unaltered state for introduction at trial. Most felony reports will include a chain of evidence for key pieces but, not always. Further, a break in the chain does not inherently... View More

You have several possible claims against three possible defendants. Realistically, your recovery is likely limited by the amount of insurance that is available. I'll break down each of your possible claims, but you probably only care about the practical advice so I'll start there.... View More

You may have a claim against the driver of the truck and his automobile liability insurance. That would be an easier case than trying to sue the company who owns the apartment complex.

In the event that the driver's insurance denies the claim, you may also have a valid claim against... View More

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answered on Feb 18, 2022

In a practical sense, Double Jeopardy arises when someone is being prosecuted more than once for the same crime. The primary focus is “same crime.” While some crimes are a lesser offense than the other, you can be charged with a different crime if that crime is are not included in the other.... View More

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answered on Feb 12, 2022

Anyone charged and convicted a crime specified in Section 13A-12-291, which includes drug possession or drug use related offenses, will have their drivers license suspended, revoked or cancelled by the Alabama Dept of Public Safety once it is reported to them. Depending on the charge and the nature... View More

You may be considered a bone fide purchaser for value. However, whether you actually obtained title to the property or not is likely dependent on what you knew about the property and what documents were recorded in the probate records. I highly recommend that you contact a real estate attorney that... View More

If your apartment is uninhabitable and you have made the landlord aware and the landlord has failed to improve conditions and make the home habitable then you are allowed to break the lease and move. If you get sued by your former landlord for breaking the lease you will have a recognized defense.... View More

Warrants do not expire in Alabama. In fact, I don't know of a jurisdiction where warrants do expire. If a warrant was issued for his arrest it will remain outstanding until the warrant is served via arrest. Warrants can be defective but, age alone does not make a warrant defective.

You should reach out to an attorney and discuss the specific actions that you believe the Jail has done wrong. This question is really to general to provide any substantive response.

(a) A person commits the crime of burglary in the third degree if any of the following occur:

(1) He or she knowingly enters or remains unlawfully in a dwelling with the intent to commit a crime therein;

(2) He or she knowingly enters or remains unlawfully in an occupied building... View More

He should be able to combine supervision with whichever county he is living in if he is on state-supervised probation. However, the payments of court costs, restitution, fines, and fees will have to go to the sentencing court. He needs to talk to his probation officer and have supervision... View More

It depends on the conditions of your husband's parole and whether or not he is in violation of any of those conditions.

Attorneys are licensed to practice by state or court system, not by area of law. While an attorney may have their primary focus on one area of law that does not mean they can't handle cases in other areas of law.

Attorney's do have a duty to be competent in their representation of... View More

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answered on Aug 5, 2021

Plea agreements among codefendants are negotiated separately so they may not be all the same. However, most prosecutors will attempt to treat similarly-situated codefendants in a similar manner. It's difficult to say why your deal is different from the codefendant, but the skill of the defense... View More

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answered on Aug 5, 2021

Generally, a motion to suppress can be filed any time during the pretrial/motion/discovery phase of the case, subject to any specific rules or requirements ret by the court.

- Law Office of Joseph Abrams, Anaheim, CA