Archived
What do we do if my son, who is 20 and will be 21 in January, received a minor in possession charge for alcohol?
Patrick's answer
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Answered on September 26, 2016
Statutorily, Youthful Offender is restricted to crimes that carry a punishment of one year's incarceration or longer or are deemed crimes of moral...
Archived
Can I ask for a court appointed attorney
Patrick's answer
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Answered on September 25, 2016
Court-appointed attorneys are not authorized for civil practice in this state. The only instances of the trial court appointing an attorney to...
Archived
How can I get a hardship license or permit for my 14year old son
Patrick's answer
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Answered on September 25, 2016
No person under the age of 16 years old may lawfully operate a motor vehicle in this state, and that is subject to a number of restrictions. See,...
Archived
How do I get out of my non compete contract?
Patrick's answer
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Answered on September 25, 2016
Under former Code section 8-1-1, contracts in restraint of a lawful trade or business were (generally) void as a matter of public policy. However,...
Reguarding the use of unmarked LEO vehicles in Alabama. Are they allowed to use unmarked vehicles in traffic stops?
Patrick's answer
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Answered on September 25, 2016
There is no requirement under Alabama law to require law enforcement to use "marked" or specially painted or marked with decals police vehicles to...
Archived
What exactly does a citizen arrest do in the case of former army general Kevin byrnes who is wanted for murder?
Patrick's answer
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Answered on September 24, 2016
See, Alabama Rules of Criminal Procedure, Rule 4.1. Under the Alabama Rules of Court, a citizen has a limited right to "arrest" another person for...
Archived
Can you be locked up on a 9 year suspended sentence if my probation is complete but my restitution is not paid?
Patrick's answer
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Answered on September 24, 2016
This is an unsettled area of the law that has been under review recently. In the case of Ex parte Stewart, 74 So. 3d 944 (Ala. 2011), the Alabama...
Archived
Theft in the 1st Degree, First Time Offender, using youthful offender.
Patrick's answer
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Answered on September 24, 2016
You are mistaken - there is no "right" to Youthful Offender status. The defendant may apply for Youthful Offender treatment, but such decision to...
Archived
How can I help my nephew get his kids back to the US
Patrick's answer
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Answered on September 24, 2016
This question is far too complicated to give any level of accurate advice on this internet forum. There are issues of jurisdiction, international...
Archived
What can I do about a attorney who refuses to give my file to me?
Patrick's answer
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Answered on September 24, 2016
It depends. As a general statement of law, the client may discharge (terminate) the attorney at any time and for any reason or for no reason....