Brian Joseph Lockwood’s Answers

Brian Joseph Lockwood

Mobile Criminal Defense Attorney.

Contributor Level 13
  1. What kind of trouble is this person going to get into?

    Answered 9 months ago.

    1. Brian Joseph Lockwood
    2. Patrick Mahaney
    3. Andrew Stephen Roberts
    3 lawyer answers

    I believe they each would benefit from an attorney, but the mother needs one for sure. Providing alcohol to a minor carries some fairly stiff penalties. Being a minor in possession by consumption is a crime, but it usually carries lower penalties. The question also leads me to wonder how/why the police "showed up." I believe it would be in both parties best interests to consult an attorney. Both will want to explore the full situation with their attorney because there are frequently...

    Selected as best answer

  2. I am on probation in Alabama for DUI, and have my license suspended.

    Answered about 1 month ago.

    1. Brian Joseph Lockwood
    2. Randy William Ferguson
    3. Randall Blake Tolley
    4. Charles J. Ware
    5. William W Housley
    6. ···
    7 lawyer answers

    Probation revocation. The new crimes would be prosecuted where they happened, but your probation in Alabama would be subject to revocation. So if, hypothetically, your Alabama sentence had been 6 months jail suspended for 1 year of probation, you would be facing 6 months in jail. Since this does not sound "hypothetical," I suggest you hire an attorney to assist you with this matter.

    8 lawyers agreed with this answer

  3. If u got stopped & passed road side sobriety test & breathalyzer do cops have the right 2 arrest u because they say u slurred wo

    Answered 5 months ago.

    1. Brian Joseph Lockwood
    2. Ethan Patrick Meaney
    3. John Douglas Lloyd
    3 lawyer answers

    The facts you present raise a number of issues, including what happened after the arrest. In any event, you need an attorney for any DUI, but in Gulf Shores you really need professional assistance. You should contact an attorney immediately. In addition, you will want to discuss the administrative revocation of your license and what stepsay be necessary to preserve your rights.

    7 lawyers agreed with this answer

  4. If my 17 year old son was brought to the station for being at a party and released to me, was he arrested or detained?

    Answered 6 months ago.

    1. Brian Joseph Lockwood
    2. Patrick Mahaney
    3. Douglas Holbrook
    3 lawyer answers

    If your son was removed from one location, i.e. the party, and taken to another location, i.e. the police station or jail, then he was arrested. However, from what you describe, it does not sound like charges have been filed yet. The police have broad discretion whether to charge, release, or release and forward a report to the city attorney or district attorney. If your son received a ticket, he has been charged. If you son had been arrested, he would have been charged. The final...

    Selected as best answer

  5. If you get pulled over and arrested in alabama for a dui but you do not blow but you fail the FieldSobrietyTest how can i beatit

    Answered 6 months ago.

    1. Brian Joseph Lockwood
    2. Patrick Mahaney
    3. Randy William Ferguson
    4. Larry Robert Marsili
    4 lawyer answers

    You should contact an attorney to discuss all the facts of your case. That being said, I would recommend pleading not guilty at your arraignment. Make sure to consult an attorney. There are several questions that come to mind, such as the probable cause for the stop, your behavior at the stop, the field sobriety tests themselves, and behaviors after the stop. Because there is no test to rely on, the prosecuting authority, whether the state or a municipality, will need to introduce the...

    6 lawyers agreed with this answer

  6. I was arrested for DUI in Alabama after I feel asleep and hit a guardrail. Can the charge be reduced or dismissed?

    Answered 11 months ago.

    1. Brian Joseph Lockwood
    2. Patrick Mahaney
    3. Randy William Ferguson
    4. John Douglas Lloyd
    5. Billy Tomlinson
    5 lawyer answers

    This is a case that probably should be tried. DUI is not the "slam-dunk" many people think it is. Under circumstances like these, it is extremely important to consult with an experienced DUI attorney, discuss all the facts and relevant circumstances, then proceed. There are many ways to handle a case like the one you describe. I strongly recommend scheduling a consultation with an attorney. You should be prepared to bring all relevant paperwork with you.

    6 lawyers agreed with this answer

  7. My husband has a harassment charge but the person is now dead will they throw it out,and also a probation violation.

    Answered about 1 year ago.

    1. Brian Joseph Lockwood
    2. Anthony Michael Solis
    3. Thomas Ifversen
    3 lawyer answers

    It is likely that the state will not go forward without the victim. Probation is another matter altogether. Under the circumstances you describe, the state may go forward with the probation delinquency. You should contact an attorney to discuss the case in greater detail.

    6 lawyers agreed with this answer

  8. My brother is seeking a lawyer now he has the money to pay and I wanted to ask how long does he have to file an appeal or motion

    Answered about 2 months ago.

    1. Brian Joseph Lockwood
    2. Heather Dawn Collier
    3. Michael Lawrence Doyle
    3 lawyer answers

    Time is of the essence. I assume from two words in your question that this was a conviction in Circuit Court..."prison" and "drugs." If this was in Federal Court or (somehow) in Municipal Court, the answer would be different. Your brother has 42 days from sentencing in which to file an appeal. If the lawyer who handles the appeal is different from the trial lawyer, it is possible to have additional time to file a motion for new trial. Ordinarily, a motion for new trial must be filed within...

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. Can someone be charged with burglary if it is their home too?what are the chances of court dropping the case?

    Answered 7 months ago.

    1. Brian Joseph Lockwood
    2. Robert Jason De Groot
    2 lawyer answers

    In Alabama, burglary is defined as the intrusion into a building with the intent to steal or commit a felony therein AND causing injury to a person inside. Your boyfriend is charged with a second degree assault, which is a felony. Therefore, the burglary charge may (or may not) fit the charge. However, it is interesting that the State also charged an assault in the third degree. If he were only guilty of an assault in the third degree, it would appear that the burglary charge would be...

    Selected as best answer

  10. I signed a post nuptial agreement 1 year ago. I was having an internet affair and the only way my wife would consent

    Answered about 2 years ago.

    1. Brian Joseph Lockwood
    2. Barry Franklin Poulson
    2 lawyer answers

    Of course it can be contested. Initially, it is important to remember that there are a lot of facts not contained in your question. Competent counsel will ferret out additional facts which, frankly, will determine the success of the contest. Dissolution agreements must be reasonably equitable and not unconscionable. If you have really signed over "everything," it seems that a court might be receptive to an argument that the agreement is per se unconscionable. Moreover, it is necessary...

    Selected as best answer

251-434-5754