William J. Miller’s Answers

William J. Miller

Anniston Elder Law Attorney.

Contributor Level 6
  1. My elderly mother who suffers from Dementia and Step father cannot no longer care for themselves. What are my rights ?

    Answered over 1 year ago.

    1. Kelly Scott Davis
    2. William J. Miller
    3. Lawrence A Friedman
    4. Lois R Beasley-Carlisle
    4 lawyer answers

    You need to contact an Elder Law attorney for advice. These cases are very fact specific. Generally, unless you already have power of attorney over your mother, you are likely going to have to file in probate court for a guardianship before you can do anything with her. Unless everyone agrees, there will have to be a hearing to determine if that is best for your mother. If she has assets and/or income, you will need a conservatorship to manage her money. If he has to go into a nursing...

    6 lawyers agreed with this answer

  2. I was arrested for DWI in December, 2011 and my blood test has not come back. I had taken a Mirapex 14 hours earlier

    Answered over 1 year ago.

    1. William J. Miller
    2. Randy William Ferguson
    3. Patrick Mahaney
    3 lawyer answers

    That seems like an awful long time not to get blood test results back. I do not practice in North Carolina. I would contact a DUI attorney in the city or county where the case is pending and try to file a motion to dismiss the case for failure to prosecute it in timely manner.

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  3. Do I have a case against the principal

    Answered 5 months ago.

    1. William J. Miller
    2. Patrick Mahaney
    3. Randy Jay Harvey
    3 lawyer answers

    School employees, school boards and other government agencies have "sovereign immunity" from liability. That basically means that even if the principal was "wrong" you would have a difficult time recovering anything. The case would likely be dismissed based on sovereign immunity. As long as the principal was acting under his authority and did not act in bad faith, maliciously or beyond his authority, then he would be protected by immunity. Unfortunately, the law does not provide a remedy...

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  4. What do I do now?

    Answered 3 months ago.

    1. Bernard Dobbie Nomberg
    2. Randy William Ferguson
    3. William J. Miller
    3 lawyer answers

    This is a fairly complicated and fact sensitive situation. You need to hire an Alabama worker's compensation attorney or go back to the one you used previously. They will not pay for ER visits, so you need to get your medical benefits restored which may require a court proceeding.

    2 lawyers agreed with this answer

  5. In 2010 I had dui in Fla paid fines but because of Med.conditio ns. I forgot about anything.I was suppose to do.Where do I stand

    Answered 5 months ago.

    1. Derek Anthony Patrin
    2. William J. Miller
    3. Christopher Irvin Simser
    3 lawyer answers

    You need to determine your status with the court. If you had an attorney, I would contact them immediately to find out where you stand. If not, contact the court and see if there is a warrant and determine where you stand. If there is a warrant, I would hire an attorney in the city where you went to court to help you get it all resolved.

    2 lawyers agreed with this answer

  6. I was pulled over for dui blew in the field breathalyzer but in jail blew twice into the chemical machine but didn't register

    Answered 6 months ago.

    1. Patrick Mahaney
    2. William J. Miller
    3. Gregory F. Yaghmai
    4. Randall Blake Tolley
    4 lawyer answers

    The decision not to administratively suspend your license will have no bearing on the court case. The court case is a criminal case. If you are convicted, you will still have your license suspended. I would advise you to get an attorney who regularly handles DUI cases to represent you in court. You are facing fines and jail time in addition to the license suspension. The attorney can help you protect your rights in court.

    2 lawyers agreed with this answer

  7. Is it legal to plead youthful offender on 2 different offenses in 2 different Alabama counties? Public defender did this for me.

    Answered over 1 year ago.

    1. Randy William Ferguson
    2. William J. Miller
    3. Martin W. Judnich
    4. Jasen Bodie Nielsen
    4 lawyer answers

    You are entitled to apply for youthful offender as many times as you want. The law does not limit the number of times you can get youthful offender as long as you are under 21 at the time of the offense. Therefore, there is nothing for you to worry about. If the court granted it, then you have it. Whether to grant youthful offender is within the discretion of the sentencing judge. You did not nothing wrong by applying for and getting youthful offender twice.

    2 lawyers agreed with this answer

  8. My wife was in an car accident Not her fault. THe people who hit her had just bought a shell station 4 yrs prior.

    Answered over 1 year ago.

    1. Mark Christopher Wolfe
    2. Randy William Ferguson
    3. Christian K. Lassen II
    4. Kevin Coluccio
    5. Alexander Mchenry Memmen
    6. ···
    7 lawyer answers

    You have several issues here that need to be addressed. However, it is difficult to do so adequately in this context. You need to see a personal injury attorney as soon as possible to get advice on how to proceed. There are two major issues in any injury case, liability and damages. It appears that the other driver was negligent and would likely be liable. In order to hold the company liable, you would have to prove that the other driver was working within the line and scope of his...

    2 lawyers agreed with this answer

  9. I'm 14 years old and pregnant by a 21 year old. He turned himself in, and is being charged with rape 2nd.

    Answered 3 months ago.

    1. Summer Gomillion Walker
    2. John Bradley Boyd
    3. William J. Miller
    4. Randall Blake Tolley
    4 lawyer answers

    I am answering your question without moral judgment which is somewhat difficult. You are in a bad situation. However, his crime is called statutory rape and there really is no defense to it if the prosecutor can prove that you two had sexual relations. The point is that you are not old enough to "consent" to the sexual relations. It is also does not matter whether he knew you were only 14 at the time. He needs to get a good attorney but you doing it for him is not going to help him in my...

    1 lawyer agreed with this answer

  10. What happens after caught stealing from Walmart?

    Answered 4 months ago.

    1. Randy William Ferguson
    2. William J. Miller
    3. Jennifer J Wirsching
    4. Randall Blake Tolley
    5. Jay Ephriam Tidwell
    5 lawyer answers

    On a misdemeanor case like this, the security guard has up to a year (I think) to file a criminal complaint and request that a warrant be issued. If it is, you will be arrested unless you turn yourself in, after the warrant is issued but before your arrest. Once you are arrested (or turn yourself in) then you can post a bond. You can post a cash bond, property bond or hire a bondsman to get out. You will then be given a court date. It is hard to know whether you will be convicted without...

    1 lawyer agreed with this answer

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