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Alabama Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law and Sexual Harassment for Alabama on
Q: Will my child be required to testify in court in a sexual abuse case he is 4. He did an interview with dhr.
Travis T Juneau
Travis T Juneau 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... Read more »

1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Constitutional Law and Criminal Law for Alabama on
Q: I need a criminal and civil rights defense attorney can you help me?
Tim Akpinar
Tim Akpinar 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... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Alabama on
Q: In the state of Alabama, if you touch someone's property such as keys, is it justifiable for that person to hit you?

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?

Samuel G McKerall
Samuel G McKerall 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.... Read more »

1 Answer | Asked in Criminal Law for Alabama on
Q: Can an inmate in prison file for a motion of reconsideration after serving 7 years in prison
Kate Furek
Kate Furek answered on Dec 4, 2020

To assist with a motion for reconsideration, you should contact an Alabama attorney experienced in post-conviction work. These kinds of legal battles can be very complicated and should be handled by a competent attorney.

1 Answer | Asked in Criminal Law for Alabama on
Q: I was caught shoplifting less then 60 $ -2yr ago should I be put on color code Ive done did 4 mth in jail an 2yr proba

Please help before I go back jail I've did already 4 months an 2 years probation my probation was up last month an I'm still having to report color code I don't think it's right me being on color code

Kate Furek
Kate Furek answered on Dec 4, 2020

If you had an attorney when you first went to court, you should contact that attorney for help. If you didn't have an attorney, you have a few options.

If you have been compliant with probation and color code, you can try writing the judge a letter by sending it to the clerks office...
Read more »

1 Answer | Asked in Criminal Law for Alabama on
Q: What does CRO Program mean in the state of Alabama?

My husband was placed on 5yrs of Community Corrections in July of this year after pleading guilty to a possesion (Class D) felony. To make a really long story short, he checked in with the community corrections officer on 10-26-20 and taken into custody by way of bench warrant for failure to comply... Read more »

Kate Furek
Kate Furek answered on Dec 4, 2020

If your husband had an attorney when he pleaded guilty to the original UPOCS, you should contact that attorney. Defendants who are placed on Community Corrections supervision are in the custody of ADOC, so "revocation" and violations work differently than probation if he has been on... Read more »

1 Answer | Asked in Civil Rights and Criminal Law for Alabama on
Q: Civil or criminal charge?

Gave a business $2900 to order parts for my car. Decided afterwards i no longer wanted the work done.. owner of the business said that was fine, and he would return me my money when he refunded the parts.. he refunded the parts and got the money back but the bank supposedly froze his bank account..... Read more »

Sheila Crumley Field
Sheila Crumley Field answered on Nov 25, 2020

It can actually be both. Since no work was done and he converted your money into his money and you got nothing for it, then that can be construed as Theft by Deception 1st, a class B Felony since he has taken your money and not returned. Talk to the police or sheriffs office in your county about... Read more »

1 Answer | Asked in Criminal Law for Alabama on
Q: Theft of property in the second degree, does it include unemployment benefits that a person received an overpayment

If the state claims were obtained fraudulently by deception

Travis T Juneau
Travis T Juneau answered on Nov 8, 2020

Yes, if the amount is 1500 or above pr bellow 2500 dollars.

1 Answer | Asked in Criminal Law for Alabama on
Q: If someone accuses you of theft can the sheriff issue a warrant without interviewing me

My grandmother's possessions where being divided up and I had permission and a key from family. They accused me of stealing the things I took with me

Travis T Juneau
Travis T Juneau answered on Nov 6, 2020

If your question is whether or not a warrant may be issued without interviewing you, the answer is yes. If your question deals with the specific facts of your case you will need to contact a criminal defense attorney in your local area.

1 Answer | Asked in Criminal Law for Alabama on
Q: What is a settlement docket for a criminal case
Sheila Crumley Field
Sheila Crumley Field answered on Nov 2, 2020

It’s where the prosecutor and the defense attorney get together before e the judge and figure out what the offer is, whether or not the defendant wants to plead or if he wants a trial.

1 Answer | Asked in Criminal Law and Municipal Law for Alabama on
Q: Can a investigator legally keep your gun out of the evidence room

My wife got arrested last year the lady over the evidence room was going to give me my gun back and she said the investigator has the kind I contacted the investigator and he said the only way I could get my gun back is if she turns in names how is he legally able to keep that gun out of the... Read more »

Travis T Juneau
Travis T Juneau answered on Oct 29, 2020

The police are allowed to keep the firearm for evidentiary reasons, meaning it is evidence in a crime until that case is concluded. A case is not concluded until the person is found either A) not guilty or B) all appeals have been exhausted. If the person is convicted, I would anticipate that the... Read more »

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 »

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