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William J. Miller

William Miller’s Answers

36 total

  • What does it mean when I have recieved a motion to amend complaint granted

    I was incarcerated and I was preparing my papers to sue an individual but was given the wrong person name to sue. I had to refile the complaint.

    William’s Answer

    Just to clarify, a "motion" cannot grant anything - an order from a court can "grant" a motion that has been filed. From the information you have provided, it sounds like you filed a motion to amend the complaint you filed and that the court has granted it which means it is giving you permission to amend and name the correct defendant. However, if you dismissed it and refiled with the right name, I am not sure why there would be a motion to begin with so I am not sure what to tell you.

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  • Am I allowed my Dad's personal property for my use instead of it being sold? Does step mom have to allow me to have it?

    My Dad left his personal property to 2 trustees for mine and my children's use and benefit. He was remarried to a woman that is not my birth mother. Attorney who prepared the will tells me I cannot prove the personal property to be my Dad's. He s...

    William’s Answer

    An attorney would have to see the trust document before advising you about your rights. However, it can be very difficult to determine the owner of "personal property" unless it requires some type of registration like a car or boat. Unless the trust specifically describes and lists the personal property, the new wife can simply claim that the personal property is hers. If it has to be registered (cars, boats, etc.) then the title will show who owns it. You are going to have a difficult time with unspecified personal property otherwise. Again, you might want your own attorney to review the trust document to see if these issues are clarified within the document itself.

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  • What's the less time you could get for first offense in child abuse. Never been in trouble.

    Charged with four counts of child abuse. Just whopped my kids.

    William’s Answer

    There is a fine line between proper discipline and abuse. The problem is that once criminal charges are filed, your definition of where that line is no longer matters. In other words, someone else (a judge or jury) is going to decide. Therefore, you need to hire a good criminal defense lawyer to help you asap. This is a serious offense and you have four charges. Get good representation right away.

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  • My dad passed 5 years ago how do I contest a survivorship deed from my stepmother.. He left no will

    My father passed almost 6 years ago he left no will , i went today and got copies of all the deeds and one of them says survivors deed how can i contest that so she cant leave what my father worked hard for to her brother. He also has property tha...

    William’s Answer

    Given the amount of time that has passed and the fact that the real estate was left in a "survivorship"deed, it would be difficult to contest it. Unless you can show that your father's signature is a forgery, it would be almost impossible to contest. The only other way that you might contest it is to prove that your father was incompetent at time he signed the deed and therefore that he did not have the mental capacity to sign any legal document. As to the other property, the laws of intestacy govern. I am not sure what kind of property you are talking about. Unless it has to be titled or have some type of paperwork to show ownership (car titles, other real estate, bank accounts, etc.) you are going to have a hard time showing that he did not give it to her. If the property does require some proof of ownership then the laws of intestacy would govern.
    § 43-8-41. Share of the spouse. If there are surviving issue one or more of whom are not issue of the surviving spouse, one-half of the intestate estate;
    This means that she would be entitled to half of the property anyway - you and your brothers and sisters (if any) would split the other half.

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

    I'm trying to find out how long he'll be in jail? If I were to pay for him a lawyer, would that help matters at all? My legal guardian did not press charges, the state is. Also he did not know I was 14 at the time .

    William’s Answer

    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 opinion.

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  • What do I do now?

    I have already settled a workers comp claim and medical was left open indefinitely. I wound up having to request a panel of four and select a new orthopedic Dr. This doctor never even examined me at all. He told me from looking at my records that...

    William’s Answer

    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.

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  • My step daughter was on 4yr alabama state probation she was arrested in jakson county fl for battery she bonded out later an

    warrant was issued for vop for alabama when the warrant was served she was caught driving on suspended licenses so she plead out to 6 months county time in flordia on the driving w/o a DL they dropped the battery charge since the VOP warrant was i...

    William’s Answer

    I do not believe that driving without a license will subject her to a probation revocation. However, the courts have a great deal of discretion in whether to revoke probation. She could have been revoked just for having a new battery charge but it sounds like it has been dismissed. If she is revoked, then she would not be entitled to a bond because she will be serving time that was previously ordered by the Court.

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  • Can D.H.R remove my grandchildren from my home if it is a safe home?

    D.H.R has placed my grandchildren in my home as a safety plan because my daughters boyfriend choked my grandson. My daughter denied it happened. Now my daughter calls D.H.R and lies on me. She threatens me and uses profanity. She is also on drugs...

    William’s Answer

    DHR "can" remove the child from your home, just like it did from her home. However, that is not likely in your case since you say your daughter's allegations are lies. I would quit taking her calls unless it has to do with the well being of your grand daughter. If she continues to harass you then you can get a criminal warrant against her for harassment or harassing communications.

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  • What happens after caught stealing from Walmart?

    I was caught stealing from Walmart in Tuscaloosa, AL. I was taken into the little room, surrendered all stolen items, handed over my license, and was told what would happen. Basically, the guy told me he would issue a warrant when he returned from...

    William’s Answer

    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 knowing what evidence they have against you. Wal Mart is usually very reluctant to "drop charges". If you are convicted, it will be on your record unless you request and are granted youthful offender status. If so, it would be a sealed record. You could also apply for pretrial diversion. If the court offers it, pretrial diversion could keep you from getting convicted. With pretrial diversion, you plead guilty but are not sentenced. You then agree to certain conditions (pay costs, stay out of trouble, do community service, etc.) and then come back to court in 6 months or a year. IF you have met all conditions of your pretrial diversion agreement, the case would be dismissed and you would have no conviction. You need to hire a lawyer asap because a theft conviction, even though a misdemeanor, can have negative long term consequences!

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  • Can you sue for False Arrest for a Dismissed Violation of Protection Order in Alabama?

    I was arrested on Easter Sunday (April 20th, 2014) by the Alabaster Police Department for violation of a Protection Order that had been dismissed April 11th, 2014. After being arrested at my house in front of my kids. I was taken to the Shelby Cou...

    William’s Answer

    If you violated the Protection Order before it was dismissed you would not have a valid claim. However, based on the way you asked the question, I assume the violation itself (not the arrest) occurred after it was dismissed. If that is so then because there was no legal basis for your arrest, you would have the right to sue for violation of your rights. However, whether the suit is successful depends largely on the reason why you were arrested. If the "victim" made a complaint knowing the PFA had been dismissed you could sue her for malicious prosecution. If it is due to a "clerical" error then you may have a hard time winning the case because government officials have "immunity" under Alabama law. They cannot be sued for mistakes they make while acting within the scope of their employment. You would only be successful if you could prove it was done maliciously, etc. which is hard to do.

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