Alabama Criminal Defense Legal Questions

This is something that you would need to speak to your attorney about, as there are numerous reasons why a continuance might be requested. The attorney may have had a scheduling conflict. The attorney may be in contact with the prosecutor and requires more time to negotiate a plea arrangement or dismissal. The attorney may need more time to obtain documentation or information to present at the hearing so as to achieve the best result for you. Ultimately, a continuance can be granted for any number of reasons, so you should consult with your attorney to determine why it was requested and why it's in your best interest.... Read More

If you do not appear for your initial hearing, then a bench warrant will be issued for a failure to appear. As such, you should attend the initial hearing. If you can not attend the initial hearing, then you need to contact the court and request a continuance. If you have already missed the initial hearing, then you need to contact the court as soon as possible to fix this, as you don't want to just ignore the court proceedings.... Read More

Depending on how far into the trial you are, the judge may view it as a detriment to you to change attorneys at this point in time. This is due to the fact that the current attorney has prepared a specific case and created various documents, both of which would have to be recreated by any new attorney. Additionally, if this is an ongoing trial where witnesses have already testified and evidence has already been submitted, it's rather difficult to try to "start over" with a new attorney when the judge or jury has already heard part of the case that the previous attorney put together. If the trial has not yet started, then there shouldn't be anything preventing you from firing your retained counsel and hiring a new one. However, if you've already been to court multiple times and the trial is underway, then it may be best to try to work out your differences with the current attorney.... Read More

It's possible to obtain probation, but this ultimately depends on the facts of your specific case. With this being your second theft offense, the chances of receiving favorable probation terms or even probation at all is less likely, but no one can guarantee that you will receive probation. Whether you can receive probation will be left up to the discretion of the prosecutor and/or judge.... Read More

There are no laws against kissing a minor. If you were 19 or older and the kissing could be construed as sexual in nature, then there could potentially be some legal issues, but as far as mere kissing goes, there is nothing illegal about that. However, considering that the age of consent in Alabama for sexual intercourse is 16, I would not venture beyond that out of respect for the law and her parents.... Read More

It sounds like you were on a court referral program in which you were expected to undergo monthly drug testing and complete a variety of life skills or driving classes. This program would allow you to nolle prosse the conviction so that it does not show up on your record. Additionally, the court may have lessened or deferred fines contingent upon your completion of this program, although in my experience it is common for the court to still assess the fines and only offer the nolle prossed conviction as reward for completion of the program. You should have a non-compliance hearing, where you will get a chance to explain to the correctional officer, prosecutor, and/or judge what happened. A diluted test result usually occurs when large quantities of water have been consumed shortly before a drug test. Unless you drink large quantities of coffee, it is highly unlikely that coffee would result in a diluted drug test. I only bring this up because if you claim to the court that one cup of coffee was what resulted in a diluted test, they are not likely to believe you. If you drank large quantities of water or coffee before the test, the best policy is to be honest about that with the court, because they have enough experience with these tests to know whether what you are claiming is likely to be true. You may or may not be allowed back on the referral program. If you've had no positive tests so far and no history of other alcohol related offenses, then they may allow you to go back on the referral program and give you a chance to still have the charges nolle prossed. If they do not allow you back on the program, however, then they may give you a fine for contempt of court, but it is unlikely that you would have to serve any jail time, unless the judge previously sentenced you to jail time but deferred that sentence contingent on completion of this referral program.... Read More

The husband wife confidentiality rule applies only to statements made from one spouse to the other. This does not include any criminal acts committed in the spouse's presents. If you had a subpoena from the prosecution and you do not appear you are in contempt of court. It is then up to the prosecution to charge you or to dismiss the case against your spouse.... Read More

You're not required to and they cant make you. However, you should not continue to live in a violent, abusive household. Your husband has a problem and needs serious help. You should protect yourself. Violent, abusive relationships do not get better, they only get worse unless you do something about it.... Read More

Based on a quick search for that statute, it appears that you're referencing a law in Massachusetts. You posted your question in the Alabama section of the LawQA website. I would suggest reposting your question to the Massachusetts section in order to get competent answers from lawyers licensed in Massachusetts. Lawyers are generally prohibited from providing legal advice in relation to laws in states for which they are not licensed to practice.... Read More