Alabama Recent Legal Answers from Lawyers

These types of cases are very common.  It is perfectly legal to sell a debt to a 3rd party and that 3rd party can then sue to collect.  The good news is that, if handled properly, these types of cases can be successfully defended (and often won) in Court.  Please feel free to call or email me if you would like to discuss your case in detail.  ... Read More

It takes a bit of law to answer this question, and a bit of an ability to predict the future. First, let's get the offense down right.  If you or anyone else was present when he took your things, it was a robbery.  If he went into your abode when neither you nor anyone else was there, it was a burglary.   Not that it matters in the context of your question. The answer is yes, you can be charged, and possibly you will be, because one way he can lessen his sentence is by means of a plea bargain under the terms of which he tells the police where he got the controlled substance. Its not possible to tell whether the police will care enough about this to charge you.  If they do, if its your first offence, and if its truly an ounce or less, its only a misdemeanor.  If you've been found guilty of that offense previously, or if the quantity was more than an ounce, its a felony. But maybe he smoked it.  If he did, its gone and there's no evidence other than his testimony.  If the evidence has been smoked up, its highly unlikely they would charge you.... Read More

You certainly have a right to file suit against the men who assaulted and raped you.  You possibly have a valid cause for suing the officers involved and also possibly the politcal entity (town or county) they work for, although too much time may have passed for such suits, depending on the precise circumstances.  Please consult with a competent lawyer who will sue law enforcement and the cities or counties they work for.  Not all lawyer will do that but many will and I'm sure you can find one.  But do not delay.  The second anniversary of your assault may prove to be the deadline for certain kinds of suits that can result from facts such as these. WARNING:  I am not your lawyer and providing you with the generic information, definition, clarification or explanation you seek about a legal matter on this anonymous forum does not make me your lawyer.  By answering your question I am only trying to provide you with general information that will deepen your understanding of the legal concept that appears to be an issue for you, that will hopefully guide you in selecting and communicating with a lawyer of your choosing.  The reason for all this is that legal problems are intensely fact-driven, and it is impossible to give anyone correct legal advice without comprehensive inquiry by the lawyer into the specific facts of the situation that concerns you, and the law of the jurisdiction in which you reside, and that is impossible to accomplish through this website.  Even though I am not your lawyer, if I should later become your lawyer no representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.  ... Read More

The answer is "no, you cannot sue the dealership".  Car dealers are not required to make sure their customers have insurance.  Your only remedy may be to sue the woman who hit you.  Just because she didn't have insurance doesn't mean she can't be made to pay you for the damage.  First, you need to check your own insurance to see whether your policy has what is called "uninsured motorist coverage", which is exactly what ot sounds like - it pays for your damage if you're hit by an uninsured motorist.  If you don't have uninsured motorist coverage you need to consult a local lawyer who can investigate and find out whether the matter is worth suing over. WARNING:  I am not your lawyer and providing you with the generic information, definition, clarification or explanation you seek about a legal matter on this anonymous forum does not make me your lawyer.  By answering your question I am only trying to provide you with general information that will deepen your understanding of the legal concept that appears to be an issue for you, that will hopefully guide you in selecting and communicating with a lawyer of your choosing.  The reason for all this is that legal problems are intensely fact-driven, and it is impossible to give anyone correct legal advice without comprehensive inquiry by the lawyer into the specific facts of the situation that concerns you, and the law of the jurisdiction in which you reside, and that is impossible to accomplish through this website.  Even though I am not your lawyer, if I should later become your lawyer no representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.... Read More

Well, not exactly, but you get an "A" for creativity.  Your question is whether you can make the court do a DNA test on the alleged paraphrenalia.  The answer is "no".  No one can make the court do anything.  (Well, that's not precisely true, but here it can safely be said that you can't make the court do a DNA test.) Another question would be can you make the prosecuting attorney do the test.  Again, the answer is "no".  What you might be able to do would be to get a court order letting an expert witness selected by you and paid by you, examine and test the items seized and, if the tests are favorable to your case the court might dismiss the case.  That's unlikely but the court might let that evidence be presented to the jury and let them decide what weight to give it. You probably can't get out of this without a good lawyer, and maybe not even then.  Depending on your age and your criminal record there are programs that would let your lawyer persuade the court to put the case on hold for a while, maybe send you to some drug education classes, and then, if you don't get into any more trouble, dismiss it. You have a constitutional right to defend yourself in court, but I wouldn't advise it.  You need a competent criminal defense who regularly practices in the court in which your case is pending.  We're not hard to find.  We're everywhere the courts are. WARNING:  I am not your lawyer and providing you with the generic information, definition, clarification or explanation you seek about a legal matter on this anonymous forum does not make me your lawyer.  By answering your question I am only trying to provide you with general information that will deepen your understanding of the legal concept that appears to be an issue for you, that will hopefully guide you in selecting and communicating with a lawyer of your choosing.  The reason for all this is that legal problems are intensely fact-driven, and it is impossible to give anyone correct legal advice without comprehensive inquiry by the lawyer into the specific facts of the situation that concerns you, and the law of the jurisdiction in which you reside, and that is impossible to accomplish through this website.  Even though I am not your lawyer, if I should later become your lawyer no representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.          ... Read More

You have given us very little information to go on.  The quick but cautious answer to your questions is, possibly, yes.  You must consult with a divorce lawyer (they are also referred to a family relations lawyers), and truthfully answer every single one of the many questions he or she will ask you, no matter how difficult or embarrassing they may be.  Don't be too sure you can't afford a lawyer.   There are ways around that problem, including assistance from sources of free legal aid.  The lawyer you consult, or his or her intake staff, will discuss these with you.  The thing you have to understand is that you have to have a lawyer or you will not get whatever you're entitled to.  If you can't find one locally call the Alabama State Bar Association and ask about how to apply for the assistance of one of their volunteer lawyers in their VLP - Volunteer Lawyer Program, who will help people in your situation without charge.  An alternative path to the same kind of help is provided by a non profit entity called Legal Services Alabama.  Call them at 1-866-456-4995 and discuss your situation fully with them.  And good luck.  The help you need is there for the asking, if you qualify. WARNING:  I am not your lawyer and providing you with the generic information, definition, clarification or explanation you seek about a legal matter on this anonymous forum does not make me your lawyer.  By answering your question I am only trying to provide you with general information that will deepen your understanding of the legal concept that appears to be an issue for you, that will hopefully guide you in selecting and communicating with a lawyer of your choosing.  The reason for all this is that legal problems are intensely fact-driven, and it is impossible to give anyone correct legal advice without comprehensive inquiry by the lawyer into the specific facts of the situation that concerns you, and the law of the jurisdiction in which you reside, and that is impossible to accomplish through this website.  Even though I am not your lawyer, if I should later become your lawyer no representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.    ... Read More

Its possible for an attorney to file a limited appearance for the purpose of doing just that and nothing else, but you'll have to call an attorney and just ask the question about the cost, stressing that ALL you want is for him or her to file a limited appearance for the purpose of filing a waiver of arraignment and a plea of not guilty. But its not as simple as that sounds, because the attorney is required to explain to you the legal impact of what you're doing and what your duties and responsibilities will be going forward, and then he or she has to formally withdraw from the case.  Many attorneys simply will not do that, becauise they know you can get in a world of trouble trying to handle it yourself, and they don't want to help you do that.  Or, you could go to eforms.alacourt.gov and click on 'Criminal Forms' on the menu on the left, and then scroll down for Form CR 09, (or CR-9) 'Plea of Not Guilty and Waiver of Arraignment", print it out, fill it out and mail it to the Clerk of the Circuit Court in the County in which the indictment is pending.  That is a really bad idea, because you need an attorney to get you through the case with the best outcome possible, and you're not likely to do that successfully traveling that road by yourself.  I'm telling you this because you do have the Constitutional right to represent yourself, but be warned: That way there be dragons.  WARNING:  I am not your lawyer and providing you with the generic information, definition, clarification or explanation you seek about a legal matter on this anonymous forum does not make me your lawyer.  By answering your question I am only trying to provide you with general information that will deepen your understanding of the legal concept that appears to be an issue for you, that will hopefully guide you in selecting and communicating with a lawyer of your choosing.  The reason for all this is that legal problems are intensely fact-driven, and it is impossible to give anyone correct legal advice without comprehensive inquiry by the lawyer into the specific facts of the situation that concerns you, and the law of the jurisdiction in which you reside, and that is impossible to accomplish through this website.  Even though I am not your lawyer, if I should later become your lawyer no representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.  ... Read More

For starters, you may need a lawyer in Virginia Beach, not Alabama.  Its hard to believe that a divorce case has been left pending for 11 years, but its possible.  It may have been dismissed.  If it hasn't been, you can probably dismiss it and start over, possibly in Alabama.   If it has been or can now be dismissed, and you now live in Alabama, your circumstances may be such that you can get your divorce from an Alabama court.  Start with an Alabama lawyer and go from there.  He or she can check out the status of the case in Virginia Beach and advise you from there.... Read More

Its impossible to answer your question without more information.  For example, what's the size of your truck?  Were you running loaded or empty?  What's the size of the wrecker? What time of day did the wreck occur?  How far did the wrecker haul your truck?   Could your truck roll or did they have to use dollies?  Who was at fault in the wreck?  What would your friend have charged you for the job? Take all that information to a competent local lawyer and provide any other information he or she may ask for, and you'll have your answer.   ... Read More

If the trailer was an unconditional gift, he has no right to take it back.  However, he may claim that the facts are different.  For example, he may claim that the trailer was a gift in contemplation of marriage, which in some states (I don't know about Alabama), assuming that the Court believes him and not you, might give him the right to get the trailer back.  The bill of sale is strong evidence on you side that the gift was unconditional, and may (again, depending on the state) preclude him from testifying to anything contradiction what is written on it, but if not there is no guaranty that the Court will believe you.... Read More

That depends on the parties' agreement.  Here, it doesn't seem as if you ever discussed the issue.  In my opinion, unless the parties specifically agreed otherwise, the obvious understanding was that the deposit was nonrefundable, because what was the purpose of the deposit if it was intended to be refunded if the buyer backed out?  However, a court may disagree and may find tha thte deposit was intended to be refundable, particularly if it is customary where you live that such deposits are considered refundable.... Read More

What you will need to do is establish paternity. By having her ex sign the birth certificate, she is portraying that the child father is her ex not you. Which is why a partenity needs to be established. And once that is done, you need to get your name on the birth certificate and request equal rights such as a Joint-Custody with the child. You can expect to pay anywhere from $3,500 to $7,500 as fathers-rights are harder to enforce and not many attorneys specialize in fathers rights. Feel free to contact my office and speak with a case manager at 877-866-8665 or email help@smsattorneys.com as we do also offer reduced price services for PRO SE people who can't afford an attorney or would like to represent themselves in court.... Read More

I'm answering this without research but Ive been practicing law a long time and I'm almost certain you have grounds for legal action against the hospital and the doctor who disobeyed your instructions not to do an autopsy, not only without permission, but against permission.  I'm almost certain the door is open for punitive damages, but a firm answer on that will require a little legal research.  The next step up would be to consider whether you have cause of action against the hospital or the doctors for neglect of your husband during the six weeks he was in the hospital.  That's a much higher bar, but its worth doing the legal research to see.  But even without that as a possibility I think there is good potential for substantial damages just on account of the autopsy.  Almost any really good civil trial lawyer would know what to do with this, and while I am very sorry for your loss I wish you good luck with this.  Its worth pursuing.  The right lawyer will not charge you any money up front.  This type of case is normally handled on a contingency basis, in which the lawyer receives a percentage of the recovery if he or she is successful.... Read More

Greetings, please do remember that child support is something to help the other parent out while they help raise and provide for the child. If the custody arrangement has differed, whereas like you say the child is residing with the other parent than it would be nice to forego the child support payments to maintain an effective co-parenting relationship. If you can afford to do so than do help out by paying support while the child resides with the other parent so you won't be percieved as taking advantage. Feel free to contact my office and speak with a case manager at 877-866-8665 or email help@smsattorneys.com to go over your options. Licensed in New York and New Jersey.... Read More

If you can't travel to Alabama, you will have to sue him in Florida (absent a default, you're going to have to go to court to testify to prove your case), but it is not clear that Florida would have any basis to exercise jurisdiction over him, that depends on whether and to what extent he has any contacts with Florida, e.g. does he own any property there, visit often, do any work there, etc.  Small claims courts are normally courts of limited jurisdiction in which you can't sue an out of state resident so, unless the Florida small claims courts are different (call the court to ask), you would have to sue him in a court of general jurisdiction.  One other possibility is if you have somebody in Alabama who would want to buy your claim, but you would still probably have to go to court to testify.... Read More

Hey John, you will need to contact a Criminal Lawyer in your district and or please follow this step by step guide: Bail-Someone-Out-of-Jail  We are based in New York but we do provide services in your state, as well as have monthly payment plans available. Above answer and comments to questions are for general purposes only. Feel free to call 1-877-866-8665 Ahsan Syed, Case Manager. ... Read More

The Court Clerk is in one place and the County Jail is in another place.  When the judge lowers the bond that must be communicated to the jail, and sometimes that takes a while.  Go to the offices of the Circuit Court.  There are several divisions within the Clerk's office.  Ask to speak to one of the clerks in the criminal division.  Tell that Clerk your problem, that the judge lowered the bond but the jail doesn't know that yet.  Ask the Clerk to advise the jail that the bond has been lowered.  That should enable her to make bond at $11,000.00.... Read More

As an option, you guys can try Mediation or Counselling. If not, when the matter goes to court, the court will appoint an attorney for the child, which will represent the views of the child to the judge. If you can't afford a private lawyer than you should seek a probono attorney or legal aid, the free lawyer if you qualify by income.  Above answer and comments to questions are for general purposes only and does not constitute legal advice or establishes an attorney-client relationship without a signed retainer. Please reach out to an attorney you are comfortable with working and discussing your case in more details.... Read More

We have a wide variety of judges in Alabama and they have very different opinions on this subject.  The law is supposed to be impartial, but that goal suffers when very personal problems are placed into the hands of fallable humans to decide.  This situation matters more to some judges than to others.  I assume that there is a divorce case pending.  If so, your sister should ask her lawyer for advice.  I can tell you what the standard answer to this question is, and that is this:  No, it is not a good idea for you to move in with your boyfriend while you have a  divorce case pending, and what are you doing with a boytfriend, anyway?  You should not be dating, let alone have a boyfriend, until the divorce is final. WARNING:  I am not your lawyer and providing you with the generic information, definition, clarification or explanation you seek about a legal matter on this anonymous forum does not make me your lawyer.  By answering your question I am only trying to provide you with general information that will deepen your understanding of the legal concept that appears to be an issue for you, that will hopefully guide you in selecting and communicating with a lawyer of your choosing.  The reason for all this is that legal problems are intensely fact-driven, and it is impossible to give anyone correct legal advice without comprehensive inquiry by the lawyer into the specific facts of the situation that concerns you, and the law of the jurisdiction in which you reside, and that is impossible to accomplish through this website.  Even though I am not your lawyer, if I should later become your lawyer no representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.  ... Read More