Alabama Criminal Defense Legal Questions

I'm no criminal lawyer, but I believe someone had to swear out a complaint alleging that your son was there before the warrant could be issued by the Court. The warrant may have been false, which is against the law. You may have a Civil Rights violation. Seek out a lawyer who does Civil Rights work in your area for advice.... Read More

Generally, a person can be arrested for a crime anytime until the statute of limitations has run.  The time period for the statute of limitations is set by the state legislature for state crimes and Congress for federal offenses. You didn't specify an offense or the circumstances of the initial encounter with police, so I'll just give an example. In drug cases, the police may conduct an undercover purchase from an individual, and instead of arresting him or her at the time of sale, they keep making buys from the person and arrest after the fourth sale.  If the state where this activity occurs has a statute of limitations on drug crimes of three years, authorities can charge and arrest the person anytime in that three year period. Another example might be a homicide or sexual assault, where the police want to conduct additional investigation such as DNA or other forensic testing before filing charges. In short, the answer is yes, if the police do not arrest you when they first come into contact with you after an offense, they can do so at a later time, so long as the statute of limitations has not run. Jeralyn Merritt, Ask a Lawyer Panelist Since 1998... Read More

If the police suspect you of criminal activity, it is unlikely to be in your best interest to submit to an interview, especially without first consulting an experienced criminal defense attorney.  Anything you say to the police can and will be used against you. If charges have not yet been filed, the police may use your statements to support a decision to charge you. If charges have been filed, your statements can be used against you in court. In the event your attorney recommends you agree to an interview, he or she should be present during it..If you are concerned that the police have obtained or are likely to obtain an arrest warrant for you, again I recommend you contact an experienced criminal defense attorney in your area. He or she can contact the officer and offer to surrender you to avoid an arrest at home or at work. Your attorney can explain to the officer that your refusal to submit to an interview is based on his or her advice, and request that any future communications be relayed through counsel rather than to you directly.  If you are subsequently contacted by the officer, or by a different officer, you should politely inform him or her that your lawyer has advised you not to make any statements and ask that they contact your lawyer.The right to remain silent exists for good reason. Our jails are filled with people who thought if they could only tell their side of the story, the police would see things their way. It rarely happens.   Jeralyn Merritt, Ask a Lawyer Panelist Since 1998... Read More

The legality of the search depends on many factors. Did someone flee into the home after being pursued?  Did the police see illegal activity through a window?  Most importantly, did the police have a warrant, or gain consent from your son, assuming a minor is able to give consent?  Whatever the reason, you need to find a competent criminal defense lawyer in Alabama to help you, because if the cops are searching your home, something else is likely on the horizon.  Bob Keach... Read More

Normally Courts attempt to expedite matters in a quick and efficient manner but that depends on their calendar and how busy there are. But unless you make a request for a "speedy trial", which requires the Court to set a trail date within 90 days that such a request is made, you are dependent on the Court's calendar.... Read More