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Alabama Municipal Law Questions & Answers
1 Answer | Asked in Criminal Law and Municipal Law for Alabama on
Q: how does a person go about getting discovery if you do not have a lawyer?

Is there a wrong and right way to ask for discovery?

Kate Furek
Kate Furek answered on Feb 20, 2020

If you are charged with a crime that carries the possibility of a jail sentence (any felony or misdemeanor), it is in your best interest to hire a lawyer. If you are indigent (you do not make enough money to afford a lawyer), one can be appointed to represent you. You should go to your first court... Read more »

1 Answer | Asked in Traffic Tickets, Land Use & Zoning and Municipal Law for Alabama on
Q: Can the city of Millbrook have jurisdiction in Prattville on highwAy 14

I was pulled over by Millbrook city officer after I had crossed under the interstate 65 exchange and beyond the first red light you come to when you cross into Prattville on highwAy 14.he pulled behind me at the red light and when the light turned green turned on the blue lights.I don't believe he... Read more »

Whitney Benjamin Polson
Whitney Benjamin Polson answered on Jan 17, 2020

Venue is the legal term for where a legal case can be tried. If the crime and arrest were outside the city limits jurisdiction of the Millbrook officer, then your criminal lawyer can file an appropriate motion to dismiss the charge for improper venue.

1 Answer | Asked in Traffic Tickets, Admiralty / Maritime and Municipal Law for Alabama on
Q: Can I defend against an unsworn complaint issued by an officer in the form of an "e-ticket" under 32-1-4(a)?

At bottom of ticket, it states "no signature required pursuant to 32-1-4(a)", but that code appears to be stating that the violator would be deemed to have given a written Bond to appear, not waiving officers' need to sign the complaint. Violated Montg. Municipal Ord. 1-9 adopted 32-6-65

Tim Akpinar
Tim Akpinar answered on Aug 26, 2019

This was posted under Admiralty/Maritime, but I was unable to find anything under maritime laws pertaining to the listed statute(s). It looks like it involves violation of a Montgomery Municipal Ordinance. Consult with an Alabama attorney, as it probably requires a prompt response/appearance where... Read more »

2 Answers | Asked in Civil Litigation, Contracts, Mergers & Acquisitions and Municipal Law for Alabama on
Q: Need a lawyer to represent public library?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 29, 2019

"Public" libraries are usually represented by a lawyer that works for the city or county that owns the library.

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1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Federal Crimes and Municipal Law for Alabama on
Q: Hi, can someone please assist me in understanding in what jurisdiction do I hire an attorney please.

During the time my husband was serving time in Georgia, he missed 2 court appearances in Alabama. Alabama now has him being held for extradition in the grounds of fugitive of justice. His time served in Georgia was ended on 3/24/19, However, Georgia is saying they can hold him as long as Alabama... Read more »

Gary Kollin
Gary Kollin answered on Mar 28, 2019

You could have possibly saved your husband a considerable amount of jail tome if you would have hired an attorney in Alabama when he was serving his sentence. The attorney could have had your husband transferred to Alabama undwr the Interstate Agreement on Detainers.

He will always need an...
Read more »

1 Answer | Asked in Family Law, Municipal Law and Small Claims for Alabama on
Q: I’m 16 and I turn 17 in October I live in Prichard al but my mom doesn’t support me my boyfriend douse can I move out

I live in Prichard al I turn 17 in October my boyfriend is 18 and is working and we live with my mom but she doesn’t support me anymore can I move out without her consent and what can the cops do if I refuse to live with her or my dad

Kristine Jones
Kristine Jones answered on May 8, 2018

You could become emancipated and then legally you would be an adult. You are not an adult in Alabama until age 19, which means you are a minor child until you reach the age a majority and become an adult in the eyes of the law. Best of luck!

1 Answer | Asked in Appeals / Appellate Law, Criminal Law and Municipal Law for Alabama on
Q: Bondsman robbed me, can I still appeal my conviction, if the appeal for a supersedes bond never did get filled out?

He said a 4th amendment violation would not hold up in musical court, that I needed to do a supersedes bond and go to 12 man jury. He explained that I would need to pay my bondsman 10% of the bond fee, which was $75 for each charge, which was 2, and he would take care of the paperwork. I had 14... Read more »

Samuel G McKerall
Samuel G McKerall answered on May 27, 2017

The answer is no, you can't. The deadline for filing a notice of appeal is jurisdictional. That means if it is not filed within the time alotted the court to which you are trying to appeal is without jurisdiction to hear the case and there is nothing that can be done about that. Officially, it... Read more »

1 Answer | Asked in Real Estate Law, Civil Litigation, Civil Rights and Municipal Law for Alabama on
Q: Can the HOA of a residential neighborhood have a guest's vehicle towed?

The streets are not private and are county owned (i.e.: there is no gate requiring entry to the neighborhood, city police do not patrol, but the sheriffs do.) Guest vehicles are explicitly omitted from the CCR. And I quote,"Nothing contained in this paragraph shall preclude guests or invitees of... Read more »

Samuel G McKerall
Samuel G McKerall answered on May 9, 2017

Interesting question well presented. The only way to a legal answer will be by consulting a local lawyer who has experience with subdivisions, developments, owners' associations and permitting, He will have to review the homeowners' association forming documents and its rules and regulations... Read more »

1 Answer | Asked in Municipal Law for Alabama on
Q: How can I find out when the grand jury meets in my county?
Richard Carl Perry Jr.
Richard Carl Perry Jr. answered on Jul 8, 2013

Call the DAs office and ask the next time the grand jury will meet.

1 Answer | Asked in Municipal Law for Alabama on
Q: Does my neighbor have a legitimate case against me?

My neighbor complains that grass clippings and debris go through the slats of the wooden fence that separates our yard when the grass is cut. Are these grass clippings and debris considered to be trespassing or assault in Alabama? Can my neighbor legitimately file charges or sue me? I think it's... Read more »

Richard Carl Perry Jr.
Richard Carl Perry Jr. answered on Jun 29, 2013

Technically -- legally -- I guess this could be considered trespassing. Could your neighbor press charges against you? Sure. In today's society, we can sue anybody. Will the charges stick? That is the fifty million dollar question. It is going to depend on how bad the prosecutor wants to... Read more »

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