Do I still owe my attorney for services if charges are dropped?
If the terms of the legal services contract state the fee is a "flat fee", then the attorney is entitled the entire fee, unless the wording of the contract states otherwise. If the legal services contract was an hourly fee agreement, then the attorney is entitled to the agreed hourly fee times the amount of hours or partial hours expended on the case. The fact that the charges were "dropped" could be because your lawyer did a good job and convinced the district attorney that the case had a legal defect or error or lacked essential evidence. In that case, your lawyer did a good job and is certainly entitled to the full fee.See question
What do I do now with no id? Can they give them back for I'd purposes? Can I get license in Florida or Mississippi if license suspended in Al????
You may apply for and receive a state identification card, even if your driver license is suspended or revoked. As a general statement, if your license and privilege to operate is suspended in Alabama, then no other state will issue you a valid operator's license. In fact, if you apply for a Florida driver license and you fail to state the fact that your Alabama driver license is suspended, you may be charged by the state of Florida with a criminal offense for making a false application. Your best course of action is to simply clear the suspension entered by the state of Alabama.See question
My friend has insurance on his van, but I don't have any insurance on it. I have a motorcycle, but I couldn't use it yet. I was driving the van, and ended up getting a ticket for not having proof of insurance. I couldn't even show him my friend's ...
The operator is held responsible for showing proof of insurance, and not the owner. See, Code of Alabama, 1975, section 32-7A-6 titled 'Evidence of insurance; insurance card.' which states in pertinent part: "(a) Every operator of a motor vehicle subject to the provisions of Section 32-7A-4 shall carry within the vehicle evidence of insurance. The evidence shall be legible and sufficient to demonstrate that the motor vehicle currently is covered by an Alabama liability insurance policy or an Alabama commercial automobile liability insurance policy as required under Section 32-7A-4 and may include, but is not limited to, the following: ..."[remainder of section omitted.]
See, also, Section 32-7A-4 'Liability insurance required.' which states: "(a) No person shall operate, register, or maintain registration of, and no owner shall permit another person to operate, register, or maintain registration of, a motor vehicle designed to be used on a public highway unless the motor vehicle is covered by a liability insurance policy, a commercial automobile liability insurance policy, motor vehicle liability bond, or deposit of cash."
In other words, the operator must have in his or her possession at all times a valid auto liability policy. Failure to provide proof of such policy is a violation and and the motorist my be fined and other sanctions entered as provided by law.See question
I was arrested for Marijuana paraphernalia and poss. Is there diversion in Covington county? If not, can I get it transferred somewhere that does?
No, you cannot transfer jurisdiction over the case to another jurisdiction. Covington County holds exclusive jurisdiction over this matter. Jurisdiction is based on territorial recognition that the offense must be tried in the locale where the offense was committed. Once the case is adjudicated in Covington County, then (and only after adjudication), can post-conviction supervision and CRO be transferred to anther county where you reside. If you reside in Covington County, probation will remain in Covington County.
Your best course of action is to seek the professional services of a qualified criminal defense attorney to assist you. Check the listings of attorneys in your area under the Avvo 'Criminal Defense' or check the listings of attorneys who are members of the Alabama Criminal Defense Lawyers Association (ACDLA) at: www.acdla.org.See question
Me and my brothers where arguing and we had the law called on us, the police force came to our residents and my mom said that she would bring us outside and that he wasnt allowed in our house without a search warrant, the officer said no, and said...
First of all, the word is "sue" and not "sew." Any claim based on police misconduct must first pass the very high hurdle of denial of qualified immunity by the trial court. Under our American system of law, all law enforcement officers are entitled to "qualified immunity" for actions undertaken in their official capacity. Unless the police officer's actions were legally wrong and willfully committed and undertaken in bad faith and accompanied by malice, there is little likelihood that your lawsuit would get past summary judgment.
Second, under Alabama law, when the police respond to a situation involving domestic violence, the police are statutorily empowered to enter a dwelling to determine the safety and security of the persons inside the dwelling or residence, and to make a determination as to who the initial aggressor is or may have been.
What the police officer did in this situation was not only legally correct, but the reasonable and prudent thing to do. The police officer did not "invade" your home, but undertook routine steps to comply with Alabama's domestic violence statute.
I took my deceased dad's car off his property the day after his death. And my Grandma's name was on the title and tag registration too. Because she consigned for my Dad. My Grandma was paying and carrying the Insurance and making car payments t...
It is possible that no crime was committed. The lawful owner was deceased and could not have given or refused consent to operate. Consent may be established by habit, if the owner customarily allowed the operator to use the vehicle. See, Code of Alabama, 1975, section 13A-8-11 'Unauthorized use of vehicle; unlawful breaking and entering a vehicle.' which states in pertinent part: "(a) A person commits the crime of unauthorized use of a vehicle if:
(1) Knowing that he does not have the consent of the owner, he takes, operates, exercises control over or otherwise uses a propelled vehicle; or
(2) Having custody of propelled vehicle pursuant to an agreement between himself or another and the owner thereof whereby the actor or another is to perform for compensation a specific service for the owner involving the maintenance, repair or use of the vehicle, he intentionally uses or operates it, without the consent of the owner, for his own purpose in a manner constituting a gross deviation from the agreed purpose; or
(3) Having custody of a propelled vehicle pursuant to an agreement with the owner thereof whereby it is to be returned to the owner at a specified time, he knowingly retains or withholds possession thereof, without the consent of the owner, for so lengthy a period beyond the specified time as to render the retention or possession a gross deviation from the agreement.
(4) Unauthorized use of a vehicle is a Class A misdemeanor, except that if a person by force or threat of force takes, operates, usurps or exercises control over a propelled vehicle with an operator or one or more passengers aboard he is guilty of a Class B felony." [remainder of section omitted]
Further, unauthorized use of a motor vehicle is a Class A misdemeanor, unless force or threat of force was used. Your best course of action is to seek the professional services of a qualified criminal defense attorney to assist you.See question
I got my first dui on 2/18/15 and my second dui on 4/18/15. My first dui was in florida and my second was in Georgia. I was going through a nasty divorce during that time and I haven't drank anything since. I was a resident of Florida when I recei...
Presumably, the state of Florida has entered a revocation order against your Florida driver license. That revocation order will remain in effect until you have cleared the state of Florida. The state of Alabama will not issue an Alabama driver license until you have cleared the state of Florida and Florida DMV has removed your name from the National Driver Registry. The state of Alabama is prohibited from issuing an Alabama driver license or renewing a previously issued driver license when that person is suspended or revoked in another state. See, Code of Alabama, 1975, section 32-6-7.See question
I have court on December 28th for a misdemeanor obstruction of operations and driving under suspension, I was under the impression that i would just get an attorney at court. However, a friend of mine is now saying I have to actually file for one...
The likelihood of the court appointing counsel for a minor misdemeanor and a traffic offense is not great; in fact, unless the trial judge is mandated to impose an active jail sentence, the court will not appoint "court-appointed" counsel. 'Court-appointed' counsel is not free. If convicted of the offense, the defendant will be assessed court costs and required to re-pay the court as set forth by the court order. The person requesting court-appointed counsel must first submit an affidavit of indigency. That means, in simple terms, the defendant is financially unable to afford counsel, not that it is inconvenient or simply the defendant does not want to pay for private counsel.See question
my husband was arrested for assault and robbery. he has been charged but we are waiting on grand jury. my question is for what?how long does it take. and what is the next step?
It is impossible to answer this inquiry without knowing my facts. Once arrested ("charged"), that tolls the statute of limitations, and in any event, there is no statute of limitations for violent felony offenses in the state of Alabama. A violent felony offense may be charged years after the fact, if the circumstances warrant. However, once charged, the case then proceeds to the Grand Jury for indictment. An indictment is required in all felony cases in the state of Alabama. [If incarcerated, the case may proceed by an "Information" filed by the district attorney, but that is a rare situation.] The district attorney presents the case to the Grand Jury when the D.A. is ready, and that often depends on the how many other cases were filed prior to this case, if there is a delay in obtaining forensic evidence from DFS, if all the witnesses are ready, and a lot of other factors. Plus, even if the Grand Jury "no bills" the case, the D.A. can legally re-present the case to the next grand jury and proceed to trial. Your best course of action is to contact a qualified criminal defense attorney to assist you.See question
Years ago I was charged with felony theft. It was my first and last offense so it was sealed with youthful offender. Now I have a good job making good money in the UXO industry, but it requires an explosives clearance with the atf. Recently the at...
An adjudication as a "Youthful Offender" is not a conviction, but an adjudication. Under the Y.O. statute, any adjudication as a youthful offender is specifically deemed not a conviction and shall not operate to bar any person so adjudicated from any license or privilege. See, Code of Alabama, 1975, section 15-19-7 'Effect of determination; access to records of youthful offender.' which states in part: "(a) No determination made under the provisions of this chapter shall disqualify any youth for public office or public employment, operate as a forfeiture of any right or privilege or make him ineligible to receive any license granted by public authority, and such determination shall not be deemed a conviction of crime; provided, however, that if he is subsequently convicted of crime, the prior adjudication as youthful offender shall be considered."
Your best course of action is to check with a qualified criminal defense attorney.See question