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Alabama Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law and Real Estate Law for Alabama on
Q: I paid $23,000 for some property and a house from a few family members of my mine. They knew didn't belong to them.

I have deeds and all paper work to prove my case

William Vann Burkett
William Vann Burkett answered on Oct 6, 2021

You may be considered a bone fide purchaser for value. However, whether you actually obtained title to the property or not is likely dependent on what you knew about the property and what documents were recorded in the probate records. I highly recommend that you contact a real estate attorney that... Read more »

1 Answer | Asked in Consumer Law, Contracts, Criminal Law and Civil Rights for Alabama on
Q: It has been raining in my apartment due to storm damage over a year. Where can I get help with a matter like this?

I (we) have reached out to many people about this. Other tenants have been to the mayor ,sheriff and health department as a group. No one will come. Not even a bad area. We are right beside an elementary school. The Health Department wont come just this week after a year of calling did I finally... Read more »

Travis T Juneau
Travis T Juneau answered on Sep 16, 2021

If your apartment is uninhabitable and you have made the landlord aware and the landlord has failed to improve conditions and make the home habitable then you are allowed to break the lease and move. If you get sued by your former landlord for breaking the lease you will have a recognized defense.... Read more »

1 Answer | Asked in Criminal Law for Alabama on
Q: In the case of someone being on probation: If they go to jail for a new charge and the probation officer violates them.

The file is then sent back to the original court and they file a warrant for their arrest. (Warrants filed expire at the end of every year & have to be refiled in the new year). The warrant was filed October 2017 & was never refiled after that. He was arrested in December 2020 on that... Read more »

Travis T Juneau
Travis T Juneau answered on Sep 16, 2021

Warrants do not expire in Alabama. In fact, I don't know of a jurisdiction where warrants do expire. If a warrant was issued for his arrest it will remain outstanding until the warrant is served via arrest. Warrants can be defective but, age alone does not make a warrant defective.

1 Answer | Asked in Criminal Law and Personal Injury for Alabama on
Q: My son is in jail and he's been treated terribly while there what can I do. I have all of the documents that's needed

The information that's needed i can provide to show what has taken place

Nelson Craig Johnson
Nelson Craig Johnson answered on Sep 16, 2021

You should reach out to an attorney and discuss the specific actions that you believe the Jail has done wrong. This question is really to general to provide any substantive response.

1 Answer | Asked in Criminal Law and Education Law for Alabama on
Q: It's a wood storage building licensed as a gun store business I cut into the back of it with a skill saw I never entered

Is it a 3rd degree burglary in Alabama I never entered or took anything I only damaged the building by cutting a square in the back of it I gave up and left when I couldn't get into it

Nelson Craig Johnson
Nelson Craig Johnson answered on Aug 30, 2021

(a) A person commits the crime of burglary in the third degree if any of the following occur:

(1) He or she knowingly enters or remains unlawfully in a dwelling with the intent to commit a crime therein;

(2) He or she knowingly enters or remains unlawfully in an occupied building...
Read more »

1 Answer | Asked in Criminal Law for Alabama on
Q: My bf is on supervised prob in 2 counties in AL & its killing him financially. Possible to "combine" payments/reporting?
Travis T Juneau
Travis T Juneau answered on Aug 25, 2021

He should be able to combine supervision with whichever county he is living in if he is on state-supervised probation. However, the payments of court costs, restitution, fines, and fees will have to go to the sentencing court. He needs to talk to his probation officer and have supervision... Read more »

1 Answer | Asked in Criminal Law, Domestic Violence and Federal Crimes for Alabama on
Q: Can the parole board revoke your parole on a charge that's still going to court

My husband got arrested in April and his parole officer violated him in June but he hasn't been to court for the charge from April and the parole board already stated that they are sending him to prison

Randy Bryan Ligh
Randy Bryan Ligh answered on Aug 16, 2021

It depends on the conditions of your husband's parole and whether or not he is in violation of any of those conditions.

1 Answer | Asked in Criminal Law for Alabama on
Q: How to determine a lawyer was not operating in-their area or practice. A business lawyer pose as a crimal lawyer?
Nelson Craig Johnson
Nelson Craig Johnson answered on Aug 10, 2021

Attorneys are licensed to practice by state or court system, not by area of law. While an attorney may have their primary focus on one area of law that does not mean they can't handle cases in other areas of law.

Attorney's do have a duty to be competent in their representation of...
Read more »

1 Answer | Asked in Criminal Law, Civil Rights and White Collar Crime for Alabama on
Q: If my codefendant gets a better plea offer than I do an I have clean record not a felon an my codefendant has a record

But he got the better plea offer than me on intent with distribute case an it was his car an not mine plus I never seen any drugs or held any drugs what so ever. Why would he get better plea deal I have clean record he don't. Does that mean he blamed most likely

Joseph Abrams
Joseph Abrams answered on Aug 5, 2021

Plea agreements among codefendants are negotiated separately so they may not be all the same. However, most prosecutors will attempt to treat similarly-situated codefendants in a similar manner. It's difficult to say why your deal is different from the codefendant, but the skill of the defense... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and White Collar Crime for Alabama on
Q: When can you file a motion to suppress evidence my case been going on 3 yrs now. Also never gave permission to search

The car I just started driving like 10 minutes prior to me getting pulled over. I told them no 3 times

Joseph Abrams
Joseph Abrams answered on Aug 5, 2021

Generally, a motion to suppress can be filed any time during the pretrial/motion/discovery phase of the case, subject to any specific rules or requirements ret by the court.

- Law Office of Joseph Abrams, Anaheim, CA

1 Answer | Asked in Criminal Law, Federal Crimes, Gov & Administrative Law and Juvenile Law for Alabama on
Q: Can a minor be placed on a national watchlist? Or any watchlist in general?

N/A

Peter N. Munsing
Peter N. Munsing answered on Jun 23, 2021

You say "any watchlist"-- a minor can be a person of interest to criminal justice agencies.

A minor could be on a no fly list.

If you are concerned that you are, you would want to avoid social media of any type, limit emails, and consult with a criminal defense attorney.

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.

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