Get free answers to your Criminal Law legal questions from lawyers in your area.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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 
Is there a chain of evidence law in Alabama an will it be on your motion if discovery
answered on Mar 3, 2022
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
Also, what happens if the vehicle does not belong to that driver?
answered on Feb 26, 2022
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
I was at the apartments they rent out to there workers when I got into a argument with someone there and they ended up draging me with there truck and also when I manged to pull myself up in to the bed I stood up and he kept swerving trying to throw me off well so happens after couple trys he... View More
answered on Feb 20, 2022
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
Convicted by city court and charged with posession by state over same drugs
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
I have deeds and all paper work to prove my case
answered on Oct 6, 2021
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
I (we) have reached out to many people about this. Other tenants have been to the mayor ,sheriff and health department as a group. No one will come. Not even a bad area. We are right beside an elementary school. The Health Department wont come just this week after a year of calling did I finally... View More
answered on Sep 16, 2021
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
The file is then sent back to the original court and they file a warrant for their arrest. (Warrants filed expire at the end of every year & have to be refiled in the new year). The warrant was filed October 2017 & was never refiled after that. He was arrested in December 2020 on that... View More
answered on Sep 16, 2021
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.
The information that's needed i can provide to show what has taken place
answered on Sep 16, 2021
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.
Is it a 3rd degree burglary in Alabama I never entered or took anything I only damaged the building by cutting a square in the back of it I gave up and left when I couldn't get into it
answered on Aug 30, 2021
(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
answered on Aug 25, 2021
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
My husband got arrested in April and his parole officer violated him in June but he hasn't been to court for the charge from April and the parole board already stated that they are sending him to prison
answered on Aug 16, 2021
It depends on the conditions of your husband's parole and whether or not he is in violation of any of those conditions.
answered on Aug 10, 2021
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
But he got the better plea offer than me on intent with distribute case an it was his car an not mine plus I never seen any drugs or held any drugs what so ever. Why would he get better plea deal I have clean record he don't. Does that mean he blamed most likely
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
The car I just started driving like 10 minutes prior to me getting pulled over. I told them no 3 times
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
N/A
answered on Jun 23, 2021
You say "any watchlist"-- a minor can be a person of interest to criminal justice agencies.
A minor could be on a no fly list.
If you are concerned that you are, you would want to avoid social media of any type, limit emails, and consult with a criminal defense attorney.
answered on Apr 26, 2021
Children under 12 do not have to testify in sexual offense criminal cases see Section 15-25-31 of the Code or Alabama. It says "An out-of-court statement made by a child under 12 years of age at the time the statement is made concerning an act that is a material element of any crime involving... View More
answered on Feb 2, 2021
An Alabama attorney could advise best, but your post remains open for three weeks. I'm sorry you're still awaiting a response, but this forum isn't set up for attorneys to reach out to help you - you have to reach out to them. This is only a Q & A Board, not an attorney referral... View More
You are asking your child's other parent a question about where they are taking your child and they are ignoring you so to prevent them from taking the child you grab their keys. After doing so they push you into a window, twist your arm and punch you. Are they legally justified?
answered on Dec 31, 2020
Of course not!!! But you already know that. You are being abused. See a lawyer. As an alternative, consider going to the County courthouse and swearing out a warrant against him for Protection from Abuse. (PFA) The Circuit or District Court Clerks will probably help you fill out the form.... 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.
