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Alabama Civil Rights Questions & Answers
2 Answers | Asked in Traffic Tickets, Civil Rights and Constitutional Law for Alabama on
Q: Right to travel never have received a driver's license or permit?

Fighting traffic court

Allan Lamar Armstrong
Allan Lamar Armstrong
answered on Feb 11, 2024

If you attempt to assert free travel as a defense to no license, then you lose. Driving is a privilege, not a right. You can travel freely by walking all you please, but you don't have the right to use state and federal roads without being granted the privilege. You'll lose in court,... View More

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1 Answer | Asked in Civil Rights and Juvenile Law for Alabama on
Q: Can Child Protective Services go to my child's school and talk to them and ask them all kind of questions?

Questions they aren't even old enough to know the answer to. I was under the impression that I was supposed to at least be informed or something. I could be 100% wrong but now my babies are upset that these random people were asking them questions about me and their father. We stayed in a... View More

James L. Arrasmith
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answered on Feb 4, 2024

Child Protective Services (CPS) has the authority to visit your child's school and talk to them if they have received reports or concerns about a child's safety or well-being. However, in most cases, they are expected to inform parents or guardians about their visit and the reasons behind... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Alabama on
Q: If officers cannot physically produce the evidence that they gained during their search can the case be thrown out

They cannot produce the gun they claim they found during traffic stop

James L. Arrasmith
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answered on Feb 4, 2024

In a legal case, if law enforcement officers cannot produce crucial evidence, such as the gun they claim to have found during a traffic stop, it can potentially weaken their case. The inability to produce physical evidence may raise questions about the credibility of their claims. However, whether... View More

1 Answer | Asked in Civil Rights for Alabama on
Q: If the police serve a search warrant at a residence do they have to show that residence the evidence they find

And with out the resident present

James L. Arrasmith
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answered on Jan 31, 2024

When the police execute a search warrant at a residence, they are not legally required to show the evidence they find to the resident at the time of the search. The primary objective of a search warrant is to allow law enforcement to search for and seize evidence without the immediate need to... View More

2 Answers | Asked in Civil Rights, Education Law and Libel & Slander for Alabama on
Q: What should I do when my ex wants to press charges on me because I spread false rumors about her having a STD?

I've already been reprimanded by my school with 3 days of ISS. She still constantly contacts me and tries to have small talk with me. I am 17 and I am a senior in high school.

James L. Arrasmith
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answered on Jan 29, 2024

In Alabama, as in many states, spreading false rumors about someone can have serious legal consequences. If the rumors are harmful to a person's reputation, this can be considered defamation. In your case, spreading false rumors about an STD could potentially fall under this category.... View More

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2 Answers | Asked in Civil Rights, Education Law and Libel & Slander for Alabama on
Q: What should I do when my ex wants to press charges on me because I spread false rumors about her having a STD?

I've already been reprimanded by my school with 3 days of ISS. She still constantly contacts me and tries to have small talk with me. I am 17 and I am a senior in high school.

T. Augustus Claus
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answered on Jan 29, 2024

Spreading false rumors about someone having a sexually transmitted disease (STD) can have serious legal implications, especially if it leads to defamation claims or harassment allegations. As a 17-year-old senior in high school, it's important to understand the potential consequences of such... View More

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1 Answer | Asked in Civil Rights, Consumer Law and Civil Litigation for Alabama on
Q: Is it legal for hotel housekeeping to enter my room, after me clearly stating to them I didn’t need housekeeping?

I was extending my hotel stay for another night and the manager was speaking with the housekeeper, who I assumed was his wife, and he asked me if I needed housekeeping. I said no and she went straight upstairs to my room and opened the door with my husband and kids and didn’t knock or say a word.... View More

James L. Arrasmith
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answered on Jan 28, 2024

Yes, it is typically illegal for hotel staff to enter your room without consent after you have explicitly stated that you did not need housekeeping services.

A few key points on hotel privacy rights:

- Hotels must generally obtain verbal or written consent prior to entering an...
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1 Answer | Asked in Civil Rights and Constitutional Law for Alabama on
Q: Made a deal with Thomasville police and now they didn't hold up to their end of the deal. WHat do I need to do?

I got arrested and Baldwin County had ahold on me for an arrested years ago. Well I sat 9 days and made a deal with the cops. I signed up to be a CI. Well come to find put the arresting officer is no longer with Thomasville. Well apparently he didn't hold up tob his end of the deal. Now I... View More

James L. Arrasmith
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answered on Jan 27, 2024

I'm sorry to hear the police did not follow through on their end of your deal after you agreed to cooperate with them. Here are a few options you may want to consider pursuing:

1. Contact the police department and speak to a supervisor about the situation. Explain that you had an...
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1 Answer | Asked in Criminal Law and Civil Rights for Alabama on
Q: Officer comes to public park, asks for mine and my husbands license. Someone called that our kids didn’t have on shoes.

If you are at a public park after dusk and a cop pulls up and says someone called because our kids didn’t have shoes on would this justify as an “illegal activity”? Would I have to give the officer more than just my name and address or would that suffice? I don’t fully understand, if... View More

James L. Arrasmith
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answered on Jan 13, 2024

In this situation, it's important to understand that not having shoes on at a public park is generally not considered illegal activity. The officer may be responding to a call out of concern for the welfare of the children, but it does not necessarily imply wrongdoing on your part.... View More

1 Answer | Asked in Civil Rights for Alabama on
Q: I live in Alabama and I was searched more than once at the scene by a male officer, I'm a female!! Is this legal?

I was more than jus regular patted down!! I thought a female officer had to search females?! This was at the scene and no female was called!

James L. Arrasmith
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answered on Jan 11, 2024

In Alabama, the law does not strictly require that a female officer must conduct a search on a female suspect, but there are guidelines and policies in place to protect the rights and dignity of individuals during such searches.

When a search is conducted by an officer of the opposite sex,...
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1 Answer | Asked in Personal Injury, Appeals / Appellate Law, Civil Rights and Legal Malpractice for Alabama on
Q: Does the 30 days start after the actual date the Judges decide (Dec 8) or the CERTIFICATE OF JUDGMENT (Dec 26) date?

I appealed a civil case and the Supreme Court of Alabama Judges which was, Affirmed. No Opinion. Need to know if the 30days to send a motion for reconsideration with new evidence deadline is January 8th or January 26?

James L. Arrasmith
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answered on Jan 8, 2024

The deadline for filing a motion for reconsideration in the Supreme Court of Alabama typically starts from the date the judgment is officially entered, not the date the decision is made. In your case, if the Certificate of Judgment was issued on December 26th, that is likely the date from which... View More

1 Answer | Asked in Criminal Law and Civil Rights for Alabama on
Q: My appointed attorney advised me not to submit any evidence of my innocence to the opposing side. Shouldn't I though?

Possession of controlled substance

Criminal mischief 3rd

Video home surveillance

Credible witness statement

911 call transcript

Phone records

James L. Arrasmith
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answered on Jan 2, 2024

If your appointed attorney advised against submitting evidence of your innocence to the opposing side, it's important to consider their strategy and expertise in legal procedures. In criminal cases, the defense is not typically required to disclose evidence to the prosecution before trial.... View More

1 Answer | Asked in Family Law, Child Custody and Civil Rights for Alabama on
Q: I have an question about DHR system about sleepover and head of house two thing

My boyfriend had dealing with dhr with his babymama was on drugs and dhr said that she cannot be around kids but she can visit daytime must be watch supervision on her around kids but she cannot sleep at her house at all. She decide to refused not follow the dhr said. She stay her own house because... View More

James L. Arrasmith
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answered on Dec 27, 2023

In Alabama, the Department of Human Resources (DHR) sets guidelines for child safety, including conditions for parental visits in cases where substance abuse is involved. If DHR stated that the mother could not be around the kids except for supervised daytime visits, this should be strictly... View More

1 Answer | Asked in Appeals / Appellate Law, Civil Litigation, Civil Rights and Constitutional Law for Alabama on
Q: My son was told by an outside doctor Kilby took him he had never seen anything like it and he needed surgery asap, he

Has yet to have it. He was also beaten so bad by guards he was hospitalized for over a week his heart stopped the cuffs on his ankles cut so deep in his skin till they got real infected it left scars. They have turned him away and not let him eat, besides his illness can cause death, he has lost so... View More

James L. Arrasmith
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answered on Dec 20, 2023

The situation you describe involving your son is deeply concerning and requires immediate action. If he is being denied necessary medical treatment and has been subjected to abuse, this may constitute a violation of his civil rights.

First, it's important to gather all evidence you...
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2 Answers | Asked in Civil Rights for Alabama on
Q: can i sue for invasion of privacy if my boyfriends parents printed out my texts between my bf and i when we were over 18

i paid for my phone and line, they logged onto his snapchat and printed out all our texts and met with my parents and showed them all the papers. i got in trouble and now i feel disgusted. i was 19 at the time and he was 18, i am 21 now and it still bothers me

T. Augustus Claus
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answered on Dec 20, 2023

In Alabama, you may have grounds to consider legal action for invasion of privacy if your boyfriend's parents accessed and printed out your private texts without your consent. Even though you and your boyfriend were over 18 at the time, unauthorized access to your communications can be a... View More

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2 Answers | Asked in Civil Rights for Alabama on
Q: can i sue for invasion of privacy if my boyfriends parents printed out my texts between my bf and i when we were over 18

i paid for my phone and line, they logged onto his snapchat and printed out all our texts and met with my parents and showed them all the papers. i got in trouble and now i feel disgusted. i was 19 at the time and he was 18, i am 21 now and it still bothers me

James L. Arrasmith
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answered on Dec 23, 2023

In Alabama, the issue of invasion of privacy in your situation is complex. Generally, for an invasion of privacy claim, you need to establish that there was an unreasonable intrusion into your private affairs, and that the intrusion would be highly offensive to a reasonable person.... View More

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1 Answer | Asked in Insurance Bad Faith, Traffic Tickets, Car Accidents and Civil Rights for Alabama on
Q: Being only insured driver ever on policy, I had full coverage with permissive drivers. I had two comprehensive claims

I had my car fixed, crappily, another story.

After receiving my car , I believe another premium was paid, then I was dropped. There's SEVERAL ISSUES, THE SAID I WAS DRIVER OF COBALT FROM ARKANSAS AND ADDED FULL COVERAGE ON A MOTOR, MY SONS, I HAVE NEVER HAD A MOTORCYCLE OR AN... View More

Tim Akpinar
Tim Akpinar
answered on Dec 18, 2023

An Alabama or Arkansas attorney could advise best, but your post remains open for a week. Until you are able to consult with a local attorney, you could contact the carrier and request their reason for dropping you. The short answer is that insurance carriers can drop policyholders based on their... View More

1 Answer | Asked in Civil Rights for Alabama on
Q: Can I have a sign in my window that says “We don’t like you!!”?

Just moved in a new house and the sign is a joke within my family but the new neighbor is threatening to sue us for harassment due to the sign. We have only had a couple cordial interactions prior. The sign only has what’s written above on it.

James L. Arrasmith
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answered on Dec 5, 2023

In Alabama, displaying a sign in your window with the message "We don’t like you!!" falls under the realm of free speech. However, even though it might be legally permissible, it can potentially lead to misunderstandings and conflicts with neighbors, as you're experiencing.... View More

1 Answer | Asked in Family Law and Civil Rights for Alabama on
Q: Would the cops be able to do anything if the girl looks for the guy and the cops are involved by the girls parents?

19 year old girl. 18 year old boy. Parents of girl don’t want the guy with their daughter and threaten to call the cops on him if he keeps looking for her . Even go as far as to threaten the guy that they will say the guy raped their daughter.

James L. Arrasmith
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answered on Dec 5, 2023

In Alabama, if both individuals involved are legal adults (the girl being 19 and the boy being 18), they are generally free to make their own decisions regarding whom they choose to associate with. The police typically would not intervene in such a situation unless there is evidence of a crime or a... View More

2 Answers | Asked in Civil Rights, Constitutional Law and Contracts for Alabama on
Q: Is being denied your contractual obligations of payment is defamation or discrimination?
James L. Arrasmith
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answered on Dec 4, 2023

Being denied the contractual obligations of payment, such as not receiving the agreed-upon compensation for services or goods, is primarily a breach of contract issue. It means that one party is not fulfilling their agreed-upon terms within the contract.

Defamation and discrimination are...
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