Archived
My wife was arrested for unlawful possession of a controlled substance. She did not receive any Miranda warnings.
Patrick's answer
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Answered on November 12, 2017
There is no requirement under the Constitution or under Alabama law for law enforcement officers to automatically read a defendant in police...
Archived
Can I reschedule a dui court date?
Patrick's answer
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Answered on November 07, 2017
You or your attorney must file a Motion to Continue and cite specific grounds for the request. The grant (approval) of a motion to continue is...
Archived
What are the penalties for an AL drivers license holder that was arrested out of state for DUI, but will p down to Reckless Dri?
Patrick's answer
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Answered on November 06, 2017
Since the actual conviction was entered as "reckless driving" (and not DUI), the Alabama Law Enforcement Agency will only add six "points" to your...
What is the likelihood that a man who is charged with statutory rape will go to jail?
Patrick's answer
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Answered on November 05, 2017
See, Code of Alabama, 1975, Section 13A-6-62 titled 'Rape in the second degree.' which states: "(a) A person commits the crime of rape in the...
Archived
If I was not placed on parole or sentence to probation, I still can apply for a pardon?
Patrick's answer
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Answered on November 04, 2017
I believe that you are mistaken in your assertion that you were not placed on probation. Under Alabama law and practice, every conviction of...
Archived
Can I get a felony sealed if I plead guilty to the charges? I have no other arrest since this has happen nine years ago.
Patrick's answer
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Answered on November 04, 2017
No. Apparently, you are asking "Can my record be expunged?" A plea of guilty to any offense - misdemeanor or felony - is automatically barred from...
Archived
Hi, what are my rights as far as drug testing goes in a cro program?
Patrick's answer
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Answered on November 02, 2017
A drug screen using the colormetric analysis (where the dip stick changes colors) is not an confirmatory test. Only an analysis is a approved...
18 year old son was involved in a hit and run. No injuries occurred. Does he need a lawyer?
Patrick's answer
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Answered on November 01, 2017
If your son was charged with 'Leaving the Scene' - commonly called 'hit and run' - then he is facing serious criminal charges that, if convicted,...
Archived
Would I qualify for any diversion programs?
Patrick's answer
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Answered on October 28, 2017
The Code of Alabama does not limit how many expungements a person may be permitted. If the first charge was indeed expunged, then there is no...
What are the consequences / court process for 2nd public intoxication charge?
Patrick's answer
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Answered on October 27, 2017
Public Intoxication is classified as a "violation" under the Alabama Criminal Code, meaning it is classified at a lower level of crime than a...