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Alabama Gov & Administrative Law Questions & Answers
1 Answer | Asked in Criminal Law and Gov & Administrative Law for Alabama on
Q: How to pursue pardon for hindering prosecution in Alabama?

I'm seeking guidance on obtaining a pardon for a charge of hindering prosecution related to a murder case in which I was actually a victim. This occurred in 2013 in Guntersville, Alabama, Marshall County. The person responsible for the murder admitted to the crime and did not implicate me at... View More

James Blount Griffin
James Blount Griffin
answered on Apr 4, 2025

This is a difficult question, but here is a start from the FAQs at the website of the Alabama Bureau of Pardons and Paroles:

"Alabama law allows convicted persons to apply for a pardon with or without remission, subject to the procedures specified by law. These procedures give the...
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1 Answer | Asked in Real Estate Law and Gov & Administrative Law for Alabama on
Q: Is collecting rocks under bridges on county roads in Alabama legal?

I am creating a database of minerals and rocks and would like to know if it's legal to collect rocks under the bridges of small creeks on county roads in Alabama, or if this is considered private property. I have reached out to law enforcement and am waiting for an officer to call me back for... View More

James Blount Griffin
James Blount Griffin
answered on Apr 1, 2025

This is a complex question. Creeks and rivers are sometimes on public lands, sometimes in public rights of way, and sometimes entirely on private land. How much disturbance are you likely to make? Nobody wants the creek banks eroded under a bridge. I would speak to the County Engineer. He... View More

2 Answers | Asked in Criminal Law and Gov & Administrative Law for Alabama on
Q: Arrested in Alabama for failing to register despite being registered; no case number or court date provided.

I was arrested in Alabama for allegedly failing to register as a sex offender, even though I am currently registered and have not had any issues in the past 13 years. I was arrested at the sheriff's office while registering, but I was given no case number or court date. I have receipts of my... View More

James Blount Griffin
James Blount Griffin
answered on Mar 31, 2025

You need a lawyer in that county who understands this area of law and likes to fight it out with sheriffs and prosecutors in court. I call them "stand-up lawyers." They take on ugly cases as a daily calling. Don't wait. The sheriff will put you in handcuffs if you don't get... View More

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2 Answers | Asked in Civil Litigation, Gov & Administrative Law and Real Estate Law for Alabama on
Q: Can a retired pastor in AL legally sell a church without congregation's consent?

Can a retired pastor single-handedly put our church in Alabama up for sale without notifying the congregation, trustees, or the governing bodies? Our church, which has been part of a non-denominational assembly for over 75 years, is owned by the congregation, and there's no formal... View More

James Blount Griffin
James Blount Griffin
answered on Mar 28, 2025

The first question is: in what name is the title to the land held? It could be corporation, private party, religious non-profit, and passed to the church by a happy widow who never signed a deed. A seller cannot sell without title. No title insurance company would insure it, and no fire... View More

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1 Answer | Asked in Gov & Administrative Law and Public Benefits for Alabama on
Q: Does the SNAP program fall under DEI since it promotes equity and inclusion (of certain income)?
Tim Akpinar
Tim Akpinar
answered on Mar 2, 2025

Alabama attorneys who work with diversity, equity, and inclusion issues could advise best, but your question remains open for a month. I don't think it's accurate to say that the SNAP program promotes DEI. The purpose is to help families with food expenses. But I think you could say that... View More

1 Answer | Asked in Gov & Administrative Law for Alabama on
Q: what do we need to do in order to transport someone from a fire department to addiction treatment

We are starting a community intervention with the Fire departments and with community treatment centers in AL. Where can i locate the guidelines and criteria for this transportation service

Tim Akpinar
Tim Akpinar
answered on Aug 7, 2024

An Alabama attorney could advise best, but your question remains open for a week. Actually, EMTS, AMTS, or other first responders in your area would have more insight into this than attorneys would. They could be a starting point. Public health agencies might also be a source of guidance for... View More

1 Answer | Asked in Gov & Administrative Law, Tax Law, Civil Rights and Collections for Alabama on
Q: Denial of Taxpayer Rights. Garnishment of federal benefits started in 2022 for 2012 no notice. M

My bank received a notice to file exemption. Employment was served to my bank to check my job status there. They started on April and I wasn't served until dev 2022. Way past time to file. Called all courts in state of Alabama. Nothing found. Lein was out on house the. Taken off. Not sure if... View More

James L. Arrasmith
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answered on Jun 17, 2024

I'm sorry to hear about the difficult situation you're facing with the garnishment of your federal benefits and the lack of notice. It sounds like a very stressful and confusing ordeal.

A few key points based on the information you provided:

- If your federal benefits are...
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1 Answer | Asked in Criminal Law and Gov & Administrative Law for Alabama on
Q: In the state of Alabama if u have a warrant will it show if u renew your drivers license online? A background chk?

Or if a background check is done

James L. Arrasmith
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answered on Jun 15, 2024

In Alabama, if you have an active warrant, it is unlikely to show up during the online renewal of your driver's license. The online renewal process typically checks your eligibility based on DMV records, which may not include warrant information.

However, a background check is a...
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1 Answer | Asked in Traffic Tickets, Civil Litigation, Civil Rights and Gov & Administrative Law for Alabama on
Q: : Does a cop initially have to tell you the reason your being pulled over in Mobile Al?

: Does a cop initially have to tell you the reason your being pulled over in Mobile Al?

I was pulled over by an officer outside of a school zone who told me while I was in the school zone he clocked me at 42. Where the officer said he clocked me at on the ticket is where he was already... View More

James L. Arrasmith
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answered on Jun 3, 2024

In Mobile, Alabama, a police officer does not have to immediately tell you the reason for pulling you over. However, they typically do inform you of the reason after obtaining your license and insurance information. It’s common for officers to address the violation after verifying your details.... View More

Q: Are there any laws pertaining to a diver recovering scrap metal that fell from barge in Tennessee River

We are cleaning river bottom where a scrap metal company has missed the barge while loading. The metal is underwater and we are not touching land at any time. Are we breaking any laws.

James L. Arrasmith
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answered on Mar 25, 2024

In regards to your question about recovering scrap metal from the Tennessee River, it's essential to understand that various laws may apply. These include federal, state, and local regulations concerning environmental protection, salvage rights, and navigation. For instance, the Clean Water... View More

1 Answer | Asked in Gov & Administrative Law for Alabama on
Q: What are the legal procedures about towing vehicles off the interstate

I'm new and want to do this legally

James L. Arrasmith
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answered on Mar 2, 2024

Here are some key legal procedures for towing vehicles off interstates in the United States:

- Obtain proper licensing and registrations - Tow truck companies and drivers need to be properly licensed and registered with the state to operate legally. This includes commercial driver's...
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1 Answer | Asked in Consumer Law and Gov & Administrative Law for Alabama on
Q: can I sue a lienor for not changing a name on the title and it caused me to be out of work because I can not get tags

I requested the name change of my wife on the title so I can get tags in AL. The title shows her prior last name. The tag office requested the title in November of 2023 and issued me temp tags. AL only does 3 temp tags. Now we can not drive our vehicles which keeps me out of work because I can not... View More

T. Augustus Claus
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answered on Jan 22, 2024

In Alabama, you may have grounds to pursue legal action against the lienor if their failure to change the name on the title has resulted in significant negative consequences for you, such as the inability to obtain tags and drive legally, leading to potential job loss and disruptions in your... View More

1 Answer | Asked in Constitutional Law and Gov & Administrative Law for Alabama on
Q: Law or regulations with obligations regarding late mortgage assistance paymt made by state housing finance authority

Alabama housing finance authority made late payment while receiving assistance and it was reported on credit, 7 years, ruining credit and financial stability the rest of my life. Have no chance of getting home equity loan to pay off debt. Without loan, I will lose house, leaving me homeless. What... View More

James L. Arrasmith
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answered on Jan 10, 2024

I understand your concerns about the late mortgage assistance payment impacting your credit and financial stability. In situations like this, the legal responsibilities and potential recourse can vary based on specific circumstances and state laws. Generally, state housing finance authorities are... View More

1 Answer | Asked in Cannabis & Marijuana Law, Gov & Administrative Law and Civil Litigation for Alabama on
Q: Can I sue Alabama's governor for not implementing medical cannabis access?

I want to sue the Governor of Alabama, Kay Ivey, because she signed a law to legalize medical cannabis over four years ago but hasn't allowed constituents access to it. This forces patients to buy cannabis illegally, compromising their safety. Despite my attempts to contact her and other... View More

James L. Arrasmith
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answered on Apr 16, 2025

You have every right to be frustrated when a law is passed but not implemented, especially when it impacts your health and safety. However, suing a sitting governor like Kay Ivey for failure to implement a law is legally complex and rarely successful. Courts are hesitant to interfere with how... View More

1 Answer | Asked in Child Custody and Gov & Administrative Law for Alabama on
Q: Is a temporary Florida parenting plan valid under UCCJEA if the original order is from Alabama?

My initial court order is from Alabama, but a judge in Florida wrote a temporary parenting plan and time-sharing with a minor. The father violated an injunction in Florida and was incarcerated. Can you please advise on whether the temporary order in Florida is valid under the UCCJEA, considering... View More

James L. Arrasmith
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answered on Apr 13, 2025

Under the UCCJEA (Uniform Child Custody Jurisdiction and Enforcement Act), the state that issued the original custody order generally maintains jurisdiction over the case, unless certain conditions are met. Since your original order is from Alabama, Alabama would typically retain jurisdiction,... View More

1 Answer | Asked in Employment Law and Gov & Administrative Law for Alabama on
Q: Can OSHA or state agencies act if my plant doesn't provide heat?

I work at a plant where the heating system is only turned on in the offices occupied by managers and human resources staff during the winter. The plant manager stated that heating the rest of the plant is too costly. On the assembly line, temperatures are about 10 degrees higher than the outside... View More

James L. Arrasmith
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answered on Apr 13, 2025

Based on federal OSHA regulations and potential state laws, your workplace situation regarding inadequate heating presents legitimate health and safety concerns. While OSHA does not maintain a specific standard for minimum workplace temperatures, the agency can enforce the General Duty Clause... View More

1 Answer | Asked in Criminal Law, Gov & Administrative Law and Municipal Law for Alabama on
Q: Is drug test order valid for unrelated case?

I'm seeking clarity on whether it was appropriate for a municipal court judge to order a drug test for my wife when her case was unrelated to drugs or child custody. She is now jailed for 180 days for contempt of court connected to the drug test order, after shoplifting an item valued at $2.... View More

James L. Arrasmith
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answered on Apr 12, 2025

The court’s order for a drug test may seem unusual if your wife’s case had no direct connection to drugs or child custody. However, there are instances where a judge might order a drug test if they believe drug use could be a factor in a case’s underlying issues, even if not explicitly... View More

1 Answer | Asked in Tax Law and Gov & Administrative Law for Alabama on
Q: Is it legal to charge $61 taxes on a $29 disability tag?

I have been charged $61 in taxes for a disability tag that costs $29. There is no breakdown of what constitutes these taxes, and there hasn't been any public notice about changes to fees. Is this legal?

James L. Arrasmith
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answered on Apr 12, 2025

I understand your concern regarding the $61 in taxes charged for a disability access license plate that has a base cost of $29. In Alabama, the standard registration fee for a passenger vehicle is $23, plus a $1.25 issuance fee. Additional costs can include local fees, ad valorem taxes, and sales... View More

1 Answer | Asked in Small Claims, Traffic Tickets and Gov & Administrative Law for Alabama on
Q: What steps can I take if my vehicle was towed and claimed as abandoned without notice?

I am the legal owner of a truck in Alabama and hold the title. On March 28, 2025, my truck was towed after a traffic stop. Initially, an officer allowed my friend, who was purchasing the truck, to return later to move it, but another officer insisted on towing it under a "highway safety... View More

James L. Arrasmith
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answered on Apr 12, 2025

It sounds like a frustrating situation, especially given that you weren’t notified until much later. The first step is to **gather all the evidence** you have, including the title proving you’re the legal owner of the truck, any records of your conversations with the officers or the tow yard,... View More

1 Answer | Asked in Consumer Law, Gov & Administrative Law and Real Estate Law for Alabama on
Q: How can I address my truck being towed without notice, leading to accumulating storage fees in Alabama?

I own a truck, and a friend was driving it when it was pulled over for a headlight issue. At the scene, one officer deemed it okay for the driver to walk home since it was nearby. However, a second officer insisted on towing it due to highway safety regulations. My friend did not inform me of the... View More

James L. Arrasmith
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answered on Apr 11, 2025

This is an incredibly frustrating situation, especially when you had no knowledge your truck had been towed and storage fees piled up without your consent or timely notice. In Alabama, the law does require that vehicle owners be notified after a tow, but unfortunately, the responsibility for... View More

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