After I pay my fines in full will I be able to get my DL back, or will there be another court date.
If the bond requirement is cash, then the defendant will not need a bail company to post the bond. The cash bond is sufficient. Whether or not your driver license will be reinstated is another question. Once the tickets that are in an FTA status are settled, the clerk of the court will issue a DPS form 7 to clear the citations. At that point, you will be required to pay a reinstatement fee of $100 the Alabama Law Enforcement Agency (ALEA) to have the driver license reinstated. If, however, you are found guilty or plead guilty to driving while suspended or driving while revoked, the state of Alabama will add on six (6) additional months of license removal. If twice convicted of driving while suspended, the license status is changed from suspended to revoked. At that point, the licensee is required to obtain SR-22 certificate of insurance and maintain the SR-22 on file for three (3) years.
Your best course of action is to retain a qualified criminal defense lawyer to assist you in this matter and protect your legal rights.See question
I received a class c misdemeanor for open alcoholic container. I have absolutely no criminal record besides this charge which is my first. I am recently discharged from the United States Marine Corps looking for a job if this offers any help. I am...
All misdemeanor s are initially tried in the municipal court or the district court, depending on the arresting officer's employment agency. If a state trooper or deputy sheriff made the case, the case is filed in the district court; if a city police officer made the case, the case is filed in the municipal court. A case of "Open Container" would not be filed in the circuit court.
It depends on each court whether or not a "public defender" is afforded to a defendant. Since the offense of 'Open Container' is a mandatory fine of only $25, there is extremely little likelihood the court would impose an active jail sentence. See, Code of Alabama , 1975, 32-5A-330 e): "A person who violates the provisions of this section is guilty of a Class C misdemeanor and, upon conviction, shall be fined not more than twenty-five dollars ($25), and court costs shall not be assessed." Only if the trial court imposed an active jail sentence is the court required to make inquiry into the availability of trial counsel. If you are indeed indigent, then the court is authorized to appoint counsel, but only if there is the active sentence imposed.
There are very few "pro bono" lawyers that will accept a criminal case - that term is greatly misused and misunderstood by the public, since every lawyer must have some reasonable source of steady income to maintain a law practice. Only if the case was of great public importance, such as a capital murder case, and only if the lawyer was wealthy enough or had a support network to cover his or her overhead, could any lawyer willingly accept "pro bono" representation.See question
The contact was so small did not know it was made just a small scratch on my viecle
No, the criminal charge of "leaving the scene" of an accident has nothing to do with the fact that insurance coverage made the other party whole. See, Code of Alabama, 1975, section 32-10-1 which states: "(a) The driver of any motor vehicle involved in an accident resulting in injury to or the death of any person, or in damage to a motor vehicle or other vehicle which is driven or attended by any person, shall immediately stop such vehicle at the scene of such accident or as close thereto as possible and shall then forthwith return to and in every event shall remain at the scene of the accident until he or she has fulfilled the requirements of Section 32-10-3. Every such stop shall be made without obstructing traffic more than is necessary.
(b) The director shall revoke the driver's license of a person convicted under this section."
There is a specific duty under the Code of Alabama to stop and remain at the scene of the accident, and failure to do so is a criminal offense and upon conviction, the Director of Public Safety (now ALEA) will enter a six month revocation of driver license. The six month revocation is mandatory under the Code of Alabama and will not be set aside.
Having stated that, the term "accident" is further defined in a different section of the Code as causing property damage in the amount of $250 or greater. In addition, an "accident" must take place on a public highway, and any motor vehicle contact taking place on private property is deemed an "incident" and not an "accident." Your best course of action is to retain a qualified criminal defense attorney to assist you in this matter.See question
I am a plaintiff in a civil lawsuit and I recently discovered that my attorney has been withholding crucial information from me that not only jeopardizes my case, but may also jeopardize my rights to thousands of dollars, due to a statute of limit...
It is not the role or the proper place for a trial court judge to investigate the conduct of an attorney. All questions or complaints involving attorney conduct are the responsibility of the Office of General Counsel of the Alabama State Bar. The Office of General Counsel may be contacted at (334) 269-1515.
Before you contact the Office of General Counsel with a complaint, you should consider writing a detailed letter to your current attorney, outlining your concerns and requesting an immediate (within 72 hours following delivery) response. If you are not provided a satisfactory answer, you may wish to terminate your representation by sending a letter discharging your attorney.See question
I was charged with possession of marijuana 2nd degree and its my first charge ever. I was 17 going on 18 at the time of the incident .now I'm 19
As a general rule, the juvenile court, a division of the circuit court, holds exclusive and original jurisdiction over all crimes and offenses committed prior to the 18th birthday. See, Code of Alabama, 1975, section 12-15-114. Serious criminal offenses and violent crimes are statutorily defined differently. See, Code section 12-15-102(6). In that case, the district and/or circuit court holds jurisdiction. Since simple possession of marijuana in the second degree is not classified as a serious crime, the juvenile court will retain jurisdiction. Your best course of action is to discuss this matter with a qualified criminal defense attorney.See question
Inmate has been held four days in a jacksonville al city jail for another agency in gilmore county ga
Although the question is not clear, it sounds like this is an extradition issue. The law of extradition is derived from the United States Constitution which requires the chief executive of each state to render any fugitive from another state located in that state. See, Article IV, Section 2, Clause 2: "A person charged in any state with treason, felony, or other crime, who shall flee from justice, and be found in another state, shall on demand of the executive authority of the state from which he fled, be delivered up, to be removed to the state having jurisdiction of the crime."
Under Code section 15-9-30, the legislature requires this duty of the Governor: 'Duty of Governor to have arrested and deliver foreign fugitive.' which states in full: "Subject to the qualifications of this division, the controlling provisions of the Constitution of the United States and Acts of Congress in pursuance thereof, it is the duty of the Governor of this state to have arrested and delivered up to the executive authority of any other state of the United States any person charged in that state with treason, felony or other crime who has fled from justice and is found in this state." Further, Code section 15-9-39 states 'Confinement of prisoner.' "The officer or person executing a Governor's warrant of arrest under this division or the agent of the demanding state to whom the prisoner may have been delivered may confine the prisoner in the jail of any county or city through which he may pass when necessary. The keeper of such jail must receive and safely keep the prisoner until the person having charge of him is ready to proceed on his route, such person being chargeable with the expense of keeping." In other words, the Governor of this state may hold and confine the fugitive from the other state until such time the receiving state comes and picks-up the fugitive. There a process known as an 'Extradition Hearing' that most lawyers are familiar which secures the basic due process rights of the person to be extradited. Your best course of action is to retain a qualified criminal defense attorney to assist you in this matter.See question
Misdemeanor in blount county, domestic violence 3rd. FTA
Possible, but unlikely. The fact that an active warrant has been issued is sufficient legal reason to temporarily take you into custody and hold you for a limited time until the Blount County law enforcement authority can "domesticate" the arrest warrant by the Jefferson County clerk's office, and then come take you into custody and transport you back to Blount County. If there is a valid warrant for your arrest, your name and date of birth and social security number will be cross-referenced into the NCIC/ACJIS system. If a "hit" is shown, it is up to the driver license supervisor to make a determination to contact an arresting officer assigned to the ALEA Driver License Division to make an arrest (which could include transporting you back to Blount County), or in the alternative, contact the Blount County Sheriff and inform the Sheriff's Office that you are presently located at the Birmingham driver license office and an active warrant is open for your arrest. Whether or not either situation takes place is purely speculative and cannot be readily predicted, but it is possible that you could be taken into custody.
Your best course of action is to retain a qualified criminal defense attorney and resolve this situation as soon as possible. Check the Avoo listing under 'Criminal Defense' to locate an attorney in your area.See question
Got a job with a bank I dont have a criminal record but I have been arrested. Can they refuse the job offer.
An "arrest" is a "charge" - the terms are virtually synonymous. A person cannot be arrested without a charge being filed. I take it that you mean you were not convicted.
Alabama is an employment at will state meaning the employer may hire or fire any person "at-will" and no reason must be afforded the applicant. [There are, of course, certain federal employment law statutes and codes that govern intentional discrimination on the basis of age, gender, race, and other protected class.] Your best course of action is to consult an attorney that is familiar with employment law issues and ask for a more detailed explanation.See question
I am not sure what happens to my driving record . The DMV is being vague and only says a suspension will be removed if I have appeal documentation and a stay order.
I am making an educated guess about your situation, since the question is not clear. From what it appears, your Alabama driver license is suspended or is soon to be suspended as a consequence of the Alabama Administrative License Suspension Act. The purpose of that act is to quickly identify and remove the driver license of any person who submits to a breath test with results of .08% or greater or refuses to submit to testing. In that event, the arresting officer seizes the driver license and submits the correct form, the AST-60 form, to the Department to start the license suspension process. The administrative suspension of driver license is civil, and not criminal, in nature and has little relationship to the underlying DUI case. It is correct that a circuit court judge may, in his or her discretion, issue a "stay order" to temporarily stop the administrative suspension. But the stay order is strictly a temporary hold, and does not resolve the case. Further, the circuit judge is not required to issue a stay order and may refuse to do so.
If the DUI case is tried and the matter is dismissed, acquitted, or nol prossed, then the Department must remove the administrative suspension from the MVR and reinstate the driver license. See, Code section 32-5A-304(c). [Note: This section does not apply to CDL endorsements.] If the licensee is convicted of the underlying DUI, then the licensee will serve out the full administrative suspension, but not a second suspension as a collateral consequence of conviction.See question
I got a speeding ticket on Dec 2,2016 at Montgomery,AL. Then I went to Driver License Office in Mobile,AL and got a MVR as of December 19,2016. On that report it says "None" under Citation information Column. The court date was January 3,2017. I p...
"Points" are added by a computer program located in the Driver License Division of the Alabama Law Enforcement Agency (ALEA). Upon receipt of notice of conviction, the points are automatically assessed and the appropriate pre-suspension notice electronically generated and mailed to the licensee if the licensee has acquired more points than authorized. As a general statement, an adult licensee who acquires 12 or more points within a 24 month time period will face suspension of driver license. The duration of the suspension period will vary depending on how many points were entered. As example, 12 to 14 points will sustain a 60 day suspension period while 15 or 16 points will generate a 90 day suspension period. More than 18 points will generate a 365 day (1 year) suspension period. However, the suspension based on points alone is discretionary and may be challenged. There is a special rule regarding persons under the age of 18 years of age: If the licensee is under the age of 18 and holds a graduated driver license and is convicted of any offense specified offense listed under section 32-6-7.2(e) or acquires four (4) or more points, will face a mandatory 60 day suspension of driver license and privilege. In that case, there is no discretionary hearing afforded.See question