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Alabama Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law, Divorce and White Collar Crime for Alabama on
Q: My case has been posted for over 25 years. How long do I have to put up with this?
Sheila Crumley Field
Sheila Crumley Field answered on Jun 29, 2020

What do you mean posted? And what is the charge? Some crimes have no statute of limitations. Have you ever been served with a warrant? It’s possible to have the warrant recalled after that long. We need more details in order to advise you better.

1 Answer | Asked in Criminal Law for Alabama on
Q: Where can I locate online a warrant issued by judge
Travis T Juneau
Travis T Juneau answered on Jun 19, 2020

This depends greatly on the jurisdiction and status of the case; most (if not all) municipal courts will not have warrants available on line and not all warrants are available before they are served. If the warrant was issued for a District or Circuit Court case, the warrant may be available in the... Read more »

1 Answer | Asked in Criminal Law for Alabama on
Q: How long does an escape in the first degree carry?

In Alabama

Travis T Juneau
Travis T Juneau answered on Jun 12, 2020

Being a class B felony, Escape 1st carries a sentence of 2 to 20 years for a first offense. If the convicted has any prior convictions for class A, B, or C felonies, the State could invoke the Habitual Offender Act and the range of punishment would change accordingly. However, a sentence of less... Read more »

1 Answer | Asked in Criminal Law for Alabama on
Q: When filing a motion for temporary release on alafile what Is persuant to rule code?
Travis T Juneau
Travis T Juneau answered on Jun 9, 2020

Alabama Rules of Criminal Procedure 7.3(b)(5)

1 Answer | Asked in Criminal Law for Alabama on
Q: Can you use adjudication withheld or a pre-trial intervention program in an obscene materials case?

First offense. Charges with obscene material. if the prosecutor will not drop the charges can I exhaust other options such as those listed above?

Kyle D Pierce
Kyle D Pierce answered on Jun 8, 2020

A criminal lawyer can definitely argue to attempt to persuade the prosecutor to allow PTI/PTD. That’s not an argument that you should make yourself. Get a lawyer and quickly.

2 Answers | Asked in Contracts and Criminal Law for Alabama on
Q: Once you have paid for the pretrial intervention program in full, do you still have to report to your probation officer

Once above program is paid will I only have to pay restitution? Or will I have to continue paying the monthly supervision fee, and drug screening fee?

Travis T Juneau
Travis T Juneau answered on Jun 1, 2020

Yes, you still need to report to the probation officer you are assigned to and continue to drug screen as well as comply with the all the other aspects of the program until you graduate the program and are told by the court that you are done.

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2 Answers | Asked in Federal Crimes, Criminal Law and Cannabis & Marijuana Law for Alabama on
Q: Will I go to prison for a class c felony of chemical endangerment of a child for a first time offense ever in my life.

I have been charged with possession of paraphernalia, possession of marijuana and a class c felony of chemical endangerment of a child due to having bongs and pipes and marijuana.

Kyle D Pierce
Kyle D Pierce answered on May 29, 2020

Probably not, but you certainly could. You need to immediately retain a criminal lawyer.

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1 Answer | Asked in Criminal Law for Alabama on
Q: What can legally happen if a 17 year old and a 14 old get in a fight?
J. Brent Burney
J. Brent Burney answered on May 26, 2020

I am sorry but I would need more information to provide a substantive answer to this question. Both participants would be juvenile, so any charges would likely be filed in the juvenile court. However, the facts of the incident could change that. For example, if there was a serious physical... Read more »

1 Answer | Asked in Criminal Law for Alabama on
Q: Im from Alabama and would like to know the chapter or articles that discuss felons around firearms.

I have a permit to conceal carry and would like to purchase a handgun soon. But I am unaware if I can get in trouble because a felon stays the night at my house sometimes. I also can lock my bedroom door from the outside with a key, so when I am at work, it wont be accessible.

Sheila Crumley Field
Sheila Crumley Field answered on May 20, 2020

Section 13A-11-72

Certain persons forbidden to possess pistol.

(a) No person who has been convicted in this state or elsewhere of committing or attempting to commit a crime of violence shall own a pistol or have one in his or her possession or under his or her control.

(b)...
Read more »

1 Answer | Asked in Criminal Law for Alabama on
Q: A friend loaned me a rifle and I pawned the rifle with every intention to get it back. I did this to get medicine for

my wife’s health condition. However he decided to fial charged before I could get it back. I went to retrieve the rifle and Bibb County Sheriffs department had already seized it and charges were fialed. He was well aware of what my intentions and I was completely honest about the whole... Read more »

Travis T Juneau
Travis T Juneau answered on May 14, 2020

The first thing you should do is figure out why your friend would involve the police if they knew of your plan all along. What was your friend's motivation for calling the police and reporting the gun stolen? Next, once you have that figured out, explain everything to your lawyer and take your... Read more »

1 Answer | Asked in Criminal Law for Alabama on
Q: My friend is in federal custody and has a warrant for misdemeanor probation violation

in state he wants to take care of the probation Violation how does he go about taking care of it? As he is already facing time in federal he wants to get it all over and done with. So when he does get out he can be with his children and family.

Travis T Juneau
Travis T Juneau answered on May 14, 2020

There are numerous ways to take care of this issue. Everything from the U.S. Marshall service turning him over to the State to the State agreeing to dismiss the pending probation violation action. Much of the outcome depends on the attitude of your local prosecutors, the tenacity of his attorney to... Read more »

1 Answer | Asked in Criminal Law for Alabama on
Q: I have a felony warrant for community corrections in Morgan co.Alabama can I take care of it without going to prison

This is my second time I messed up my PO

Travis T Juneau
Travis T Juneau answered on Apr 26, 2020

The short answer is yes. Nothing in the law states that you have to go to prison. It is up to the Judge and what he/she thinks is necessary. But, just because you don't half to go to prison doesn't mean that you won't. The longer you stay in "escape status" (meaning that... Read more »

1 Answer | Asked in Criminal Law for Alabama on
Q: Can a 16 year old and a 14 year old have sexual relations in Alabama?

2

Sheila Crumley Field
Sheila Crumley Field answered on Apr 23, 2020

No the age of consent in Alabama is 16. She is still considered a child until she turns 16.

1 Answer | Asked in Criminal Law for Alabama on
Q: my friend is in Metro he's got time served what the court said and now the metro won't release him
Sheila Crumley Field
Sheila Crumley Field answered on Apr 20, 2020

They have to have an Order or release from the judges office before they let him out. Call the judges office and request they send it to the jail.

1 Answer | Asked in Criminal Law for Alabama on
Q: What is the law and penalty of letting an 11 year old child drive a car
Sheila Crumley Field
Sheila Crumley Field answered on Apr 11, 2020

It’s still a traffic citation, driving without first obtaining a license, however it would be handled through juvenile court because the minor is 11. Also is this a situation of a parent letting a child sit in his/her lap and teaching them to drive a car in their driveway or pasture, or is it a... Read more »

1 Answer | Asked in Criminal Law, Federal Crimes, Family Law and Child Support for Alabama on
Q: Can Alabama DHR falsely charge my boyfriend with arrears and never tell him or provide docs tho we have receipts?

My boyfriend set it up so that his child support payments are deducted from his paycheck directly to Alabama DHR from day 1. We have every single pay stub from when it started. The kids are now 5 and prior to her putting him on the two boys lived with him. A few months ago we took her to court due... Read more »

Sheila Crumley Field
Sheila Crumley Field answered on Apr 11, 2020

You need to answer a few questions. Prior to him paying when they turned one, was mom on assistance? If she received any payments from the state of Alabama for assistance without a child support order, the state of Alabama can collect it if an order of support is ever entered. This is probably what... Read more »

1 Answer | Asked in Criminal Law for Alabama on
Q: Is it possible to file to dismiss a case that I’ve almost completed probation on because of several screw ups

My court appointed drug testing and classes are done by a girl I went to school with and she refused to see me for over a year now also my lawyer hasn’t been in court and many other mess ups on the courts part

Kyle D Pierce
Kyle D Pierce answered on Apr 10, 2020

If you’ve pled out already, the case is likely over, if it is a misdemeanor. If this is a major crime, there might be Rule 32 Relief available. To get to the bottom of that, you’d need to retain a criminal defense lawyer that can more easily go over the facts than we can be done on this forum.

2 Answers | Asked in Criminal Law for Alabama on
Q: person has had a felony warrant issued by the state of Al for 80000 worth of stolen property from a store?

But wouldn't have done it if he wasn't in a active addiction and has been wanting to go in to a long term rehabilitation Facility 9 months to 1 year

Kyle D Pierce
Kyle D Pierce answered on Apr 3, 2020

Then, based on their history, there may be diversion programs available that would allow them to complete cases to have the case dismissed, but you should contact and hire a criminal lawyer immediately

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1 Answer | Asked in Criminal Law for Alabama on
Q: I have a paper signed and dated by the former director of ccp in Lawrence county and an inmate, with the EOS date

6-06-18 was the date. A warrant was issued after that and she has been in jail since January 28, also doesn't owe restitution or fines

Kyle D Pierce
Kyle D Pierce answered on Mar 31, 2020

That’s far outside the scope of any help that can be provided on a forum like this. A criminal lawyer can help you unmuddy those waters.

Generally, it seems like there is some other charge holding him.

1 Answer | Asked in Criminal Law for Alabama on
Q: My step son had a armed robbery warrant for his arrest. On 10-28-2019 the police busted down my door and searched my

home. My step son was here but does not live here. When they finally showed us the warrent The search warrant was for his address and the description of the trailer was not my trailer, but they searched my house and seized all my firearms. (I got those back 3 months later.) When they were told they... Read more »

Kyle D Pierce
Kyle D Pierce answered on Mar 31, 2020

If the warrant was for another house, then the evidence may be able to be suppressed. You need to hire a lawyer for your case quickly.

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