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What is the controlling case law in both Federal and Alabama State for a due process violation for failure to provide a 72 hr
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Answered on May 07, 2019
Anyone arrested for a capital offense may be summarily denied bond. See, Alabama Rules of Criminal Procedure, Rule 7.2 (b). See, also, Code of...
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If I was just put on probation and then a week later got arrested for DUI what are you penalties
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Answered on May 06, 2019
You are in very serious trouble and you should retain effective counsel as soon as possible. I suspect, although you did not mention this, that...
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I got ticket texting while driving ? Are there any points on my record
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Answered on May 06, 2019
See, Code of Alabama, 1975, section 32-5A-351, which specifies the sanction for text messaging while driving. That section of the Code states: " A...
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What will happen if got new charge but going to beat charge in different state while on probation
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Answered on May 05, 2019
A new arrest on an unrelated charge is sufficient legal basis to revoke probation. The legal standard required to revoke probation is a "reasonable...
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Can a prosecutor charge you with another crime after they already charge you with one?
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Answered on May 02, 2019
The short answer is "yes" - the prosecutor can charge a defendant with as many crimes as there is probable cause to support each accusation. An...
I got arrested for possession of a controlled substance
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Answered on May 01, 2019
Unauthorized possession of any controlled substance in the state of Alabama, other than possession of marijuana for personal use, is a felony...
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I want to fire my public defender and told I don’t have the right and I want to know what my rights are
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Answered on April 27, 2019
In the leading case of Faretta v. California, 422 U.S. 806 (1975), the United States Supreme Court held that criminal defendants have a...
I took the breathalyser test it show inconclusive but police officer saying refuse a breathalyser I blew three times
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Answered on April 25, 2019
The current breath test instrument used by the state of Alabama is the Draeger 7110 Mk III. The state of Alabama is in the process of converting to...
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I would like an experienced DUI trial attorney that aggressively fights for his clients?
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Answered on April 24, 2019
It is not permitted by Avvo rules for a responding attorney to recommend any particular attorney on this forum. Your best course of action is to...
Is police testimony good enough to warrant a DUI conviction in Circuit Court if they're assuming you were driving the car?
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Answered on April 24, 2019
Yes, absolutely; a single officer's testimony in court is sufficient to convict any defendant charged with driving under the influence. There is no...
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