Archived
What happens if you are sentenced to probation, but are not willing to give up your 4th amendment rights?
Patrick's answer
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Answered on January 03, 2016
There is a old line that a person placed on probation is actually on extended leave from prison. Whatever sanctions a prison staff could impose on...
Archived
How many times can they reschedule court?
Patrick's answer
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Answered on January 01, 2016
The trial court has the inherent authority to reschedule the case. Unless the defendant can claim some fundamental unfairness in repetitive...
3 mths into the program I have passed all drug tests. What are the consequences of being honest w CRO about failing a test now?
Patrick's answer
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Answered on January 01, 2016
In Elmore County (19th Judicial Circuit), the CRO will report any drug test failure to the trial court judge and request sanctions. The usual...
Archived
Can i file a habeas corpus because ineffective assistance ?
Patrick's answer
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Answered on December 30, 2015
To prevail on a claim of ineffective assistance of counsel, a petitioner must show (1) that his or her counsel's performance was deficient, and (2)...
Is it true that the prosecutor control the grand jury process and that prosecutor is allowed by law to present only the evidence
Patrick's answer
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Answered on December 28, 2015
Yes, the grand jury is strictly an investigative body and is run solely by the prosecutor. In the state of Alabama, that is the elected district...
Archived
Will I have my probation revoked?
Patrick's answer
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Answered on December 28, 2015
It could. It depends greatly on the position of your probation officer and the prosecutor assigned to your supervisory court and the views and...
Archived
Can someone put a lien on your Alabama CDL license
Patrick's answer
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Answered on December 23, 2015
No. A person cannot hold a CDL without also holding a Class D "operators" license. All commercial driver license (CDL) are issued by the Department...
Archived
How is this going to affect her. Will she have to serve time or is it still defined as a penalty even though she is a repeat
Patrick's answer
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Answered on December 22, 2015
Under the Code of Alabama, the offense of "Public Intoxication" is classified as a "violation", a lesser level criminal offense than a misdemeanor,...
Archived
Appeal and go jury trial or except judge ruling, if it was you what would you choose and as a professional your recommendation?
Patrick's answer
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Answered on December 21, 2015
This internet board is no place to request detailed, specific legal advice for your case. Every DUI case is factually different from the next case....
Archived
I have a question about open/concealed carry in a vehicle.
Patrick's answer
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Answered on December 20, 2015
The Code of Alabama is fairly straightforward with regard to the concealed carry of "pistols" (defined in the Code of Alabama as a firearm with a...