Lawyers, Answer Questions  & Get Points Log In
Alabama Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Alabama on
Q: Is the date on video that a ci wore to buy drugs important to case. Or does it not matter?

Case from 2016 is what the police have in writing on reports and discovery but the video timestamp show a 2009 date.

Travis T Juneau
Travis T Juneau answered on Oct 25, 2020

It isn't useless information, it would be about the 10th or 11th most important thing I'd say during a trial. But, this isn't the smoking gun that get you off the hook if the video is otherwise good: meaning that it is clearly you and its obvious that your selling drugs on the video.

1 Answer | Asked in Consumer Law, Contracts and Criminal Law for Alabama on
Q: Is this grounds for dismissal

Timestamp on video is different from what police says when crime was committed. Reports show Feb 2nd 2016 a control buy was made. Video shows it was 9/26/2009.

Sheila Crumley Field
Sheila Crumley Field answered on Oct 24, 2020

No. If they have the confidential informant there to testify to the actual date it happened and also the police officers, then it will not matter what the time stamp on the video says.

1 Answer | Asked in Criminal Law and Child Custody for Alabama on
Q: I am 19 years old, my stepfather molested me when I was 14 years old, my mother was pregnant with my 6 year old sister,

I am 19 years old, my stepfather molested me when I was 14 years old,my mother was pregnant with my 6 year old sister,we moved away from him,my mother suffered violence, also him in jail 1 month for domestic violence, I never reported him to the police because,I am very afraid of it. my little... Read more »

Travis T Juneau
Travis T Juneau answered on Oct 22, 2020

The brief answer is yes, you can file a police report against him and the crime should be investigated. Alabama has no statute of limitations on sex offenses involving a child under 16, which means that your case could still be prosecuted. See Ala. Code Section 15-3-5. The more quickly you report... Read more »

1 Answer | Asked in Criminal Law for Alabama on
Q: First offense here in this state and it's theft of property 4th degree. I took a package off a porch and 42 from walmart

I want to know the average fines and court cost for something like this

Sheila Crumley Field
Sheila Crumley Field answered on Oct 18, 2020

So what’s the question?

1 Answer | Asked in Criminal Law for Alabama on
Q: When you use your youthful offender as an adult for a felony charge does is show upon your rexord
Sheila Crumley Field
Sheila Crumley Field answered on Oct 6, 2020

No it does not. You can also answer truthfully on a job application that you have never been convicted of a felony.

However, law enforcement does have access to it through NCIC. But it is not available to the public or anyone else.

1 Answer | Asked in Criminal Law for Alabama on
Q: hey, I was wondering, is it ok for one to voluntarily serve as their neighborhood's armed private security guard?
Travis T Juneau
Travis T Juneau answered on Oct 2, 2020

To directly address your question, it depends. It depends on a multitude of factors that primarily relate to will the person be in lawful possession of the firearm. Alabama law allows for persons to carry firearms lawfully if certain requirements are met, for example, if the firearm is concealed... Read more »

1 Answer | Asked in Criminal Law and Probate for Alabama on
Q: In jail for a probation violation but no one can tell me what the violation is not even the judge what can I d

My bf is currently in jail for a probation violation but no one not even the judge can tell him what the violation is. The probation was in Alabama being transferred to MS fee had been paid Jan 21st he had permission to be in MS. PO told him wait on a call and never called so he started calling... Read more »

Sheila Crumley Field
Sheila Crumley Field answered on Oct 2, 2020

You said probation was being transferred to MS. Until your case has officially been transferred to another state you must continue to report in Alabama. It’s probably for failure to report. But I don’t know, just guessing. The probation office in the county where he was convicted will be able... Read more »

1 Answer | Asked in Criminal Law for Alabama on
Q: This is about all the info she have me. Telll me about Suppression please.
Sheila Crumley Field
Sheila Crumley Field answered on Oct 1, 2020

We need more information so that we can advise you. I believe I had already answered her question though. And with what little bit of information you have we can’t give you an answer.

1 Answer | Asked in Criminal Law for Alabama on
Q: Never arrested, worked in LE years & owner of cadaver K-9. No drug/criminal Hx. On the evening of 9/3/20, she Stopped by

No drug/criminal Hx. On the evening of 9/3/20, she Stopped by the residence briefly to use restroom. about the same time, DTF was Serving a ADOC W on male resident. Waited 3 hrs for Search Warrant & 11 grams meth found in box in Resident’s bedroom. Female had no knowledge, therefore could... Read more »

Sheila Crumley Field
Sheila Crumley Field answered on Sep 30, 2020

In order to answer this properly any attorney would have to sit down with you and discuss. It sounds just from the little you have given me, that there is maybe a suppression issue. However you left way too many unanswered questions for a very good aniseed. I suggest you get to an attorney... Read more »

1 Answer | Asked in Criminal Law for Alabama on
Q: Upon release, a CO been harassing & stalking female, posted mugshot 7 times on FB, Says she sells Drugs to kids (9th A).

Female never arrested, worked in LE years & owner of County’s cadaver K-9 in training. Upstanding citizen No drug/criminal Hx. This is only Run-in. Stopped there to use restroom. DTF Serving ADOC Warrant on male occupant. Waited 3 hrs forSearch Warrant. 11 grams meth found in box in Male’s... Read more »

Sheila Crumley Field
Sheila Crumley Field answered on Sep 29, 2020

You say she was never arrested but had a bond of $100,000. Also there are more questions here before an answer can be given. I’d at least do a consult with a lawyer to discuss some options for you. Good luck.

1 Answer | Asked in Criminal Law for Alabama on
Q: I was arrested for receiving stolen property 3rd except for I don't know what I supposedly received I had to call

The cops on My fiance one night he was out of his mind high on either drugs or alcohol or mix and tried to kill me when they came to arrest him they found all this stuff around the outskirts of my yard that I didn't even know was there they took one thing had the owner come with a trailer to... Read more »

Sheila Crumley Field
Sheila Crumley Field answered on Sep 26, 2020

Receiving stolen property is knowing the property was stolen and keeping it anyway. The knowingly is what has to be proven in a criminal prosecution for receiving. However if it’s in your constructive possession you can be deemed to know it was there if they have other factors with it. If I were... Read more »

1 Answer | Asked in Criminal Law for Alabama on
Q: What is the statute of limitations for 1st degree theft in Alabama?
Sheila Crumley Field
Sheila Crumley Field answered on Sep 24, 2020

It’s four years.

1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Alabama on
Q: Was being served papers at my home when answered the door the officer seen parafinalia

On table and found small amount of marijuana. I was arrested for misdemeanor parafinalia and misdemeanor possession. Can I get this dismissed?

Sheila Crumley Field
Sheila Crumley Field answered on Sep 24, 2020

It’s very possible. While this falls under the “plain view” exception to a warrantless search, many counties in Alabama have a PreTrial Diversion program that allows for the dismissal of the charges once you complete the program. I’d find a good criminal lawyer and ask them about filing out... Read more »

1 Answer | Asked in Criminal Law for Alabama on
Q: Is Certain Person drunk/addict arrest for firearm possession a felony or misdemeanor?
Sheila Crumley Field
Sheila Crumley Field answered on Sep 20, 2020

It’s a misdemeanor. There are two, Certain Persons Forbidden to Possess a Firearm. The first is where the person has been previously been convicted of a crime of violence such as assault, robbery, burglary, murder, etc. This one is a Class Ce Felony. The second one, the one you asked about is... Read more »

1 Answer | Asked in Consumer Law, Criminal Law and Arbitration / Mediation Law for Alabama on
Q: What is the Code of Alabama definition of "Individual"?
Tim Akpinar
Tim Akpinar answered on Sep 18, 2020

Only an Alabama attorney is qualified to answer your question, as it involves state law. But it remains open for four weeks. As a GENERAL matter when it comes to basic and elemental terms in statutes, their meanings often tend to be straightforward. If a matter involves the need for high-level of... Read more »

2 Answers | Asked in Criminal Law for Alabama on
Q: Charged with Burglary 3rd at 16 years old...

My 16 year old son acted dumb and entered a school that had been shut down for years and ended up being caught while walking out of the school. My son and 1 other boy were arrested and charged with Burglary 3rd. The other boy stole a half of a pack of printer paper, a used box of crayons, and a... Read more »

Travis T Juneau
Travis T Juneau answered on Sep 11, 2020

Unfortunately, the intent to steal need not be formed when they entered the building; the law says entered or REMAINED UNLAWFULLY THEREIN thus if they were unlawfully in the school when the intent to commit theft was formed it counts as burglary. Notably, your son would have had to agree to the... Read more »

View More Answers

2 Answers | Asked in Criminal Law for Alabama on
Q: I took a product worth $295 from my employer. I put it in a buggy n walked out. What is the crime in alabama?

I later returned the product for a refund.

Travis T Juneau
Travis T Juneau answered on Sep 4, 2020

Theft of property 4th degree unless the item was a firearm or prescription medication.

View More Answers

1 Answer | Asked in Criminal Law for Alabama on
Q: Mr Crumbley, My name is Tanya, My dad past away this yr i have a truck in my name my dads son took isnt that theft?

My dad past away April 19th he had left a vehicle in my name i already got the title but the last i know of it was at my sisters house where my dad was living there was some hostility in my family and my dads son came with other family members and took the truck my dad had left to me (upon his... Read more »

Sheila Crumley Field
Sheila Crumley Field answered on Sep 2, 2020

If you have a title to it, and it is in your name, yes, you can report it stolen.

1 Answer | Asked in Constitutional Law and Criminal Law for Alabama on
Q: Can an city police officer have his off duty county deputy girlfriend in street clothes search someone ?

I was pulled over for no tag, I presented my current drivers license, and proof of insurance..officer ran my name and it came back current, negative ..walked back to the car and asked if there was any thing illegal in my car, I said no.. he kept asking the same question, recieving the same answer,... Read more »

Sheila Crumley Field
Sheila Crumley Field answered on Sep 1, 2020

Yes. They are still a police officer even off duty. She will just have to come to court and testify in the event she found something illegal on you. Good luck.

1 Answer | Asked in Criminal Law for Alabama on
Q: What is the legal definition of a vehicle accident. Does it include private property? If you leave the scene on private
Sheila Crumley Field
Sheila Crumley Field answered on Aug 31, 2020

The driver of any motor vehicle involved in an accident resulting in injury to or the death of any person, or in damage to a motor vehicle or other vehicle which is driven or attended by any person, shall immediately stop such vehicle at the scene of such accident or as close thereto as possible... Read 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.