Archived
Once you have filed an appeal with the criminal circuit court of appeals, can you still file a motion for a new trial?
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Answered on October 15, 2014
For purposes of your question, I presume that you were originally charged with Harassing Communications under Ala. Code section 13A-11-8(a)(1)(b)....
Archived
If offered, which would be the best to take and least expensive ..drug court or probation?
Brian's answer
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Answered on October 14, 2014
Assuming you were at least 21 years old on the date of the alleged crime, a sentence of probation would leave the charge "on your record." What the...
Archived
What can I do?
Brian's answer
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Answered on October 05, 2014
The warnings required in Miranda v. Arizona apply ONLY in cases of custodial interrogation. That means that the person must be in custoday AND must...
Archived
How important is return of service on a search warrent?
Brian's answer
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Answered on October 05, 2014
This is a very fact specific question. For example, if police obtain consent to search while waiting for a search warrant, and search under the...
Archived
Is it legal to file an escape 1st degree charge on someone who never escaped, and only didn't show up to community corrections?
Brian's answer
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Answered on September 19, 2014
Assuming the person is on front-end, it does constitute escape. You'll need a lawyer.
Archived
Rights to be read to you during an arrest?
Brian's answer
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Answered on September 18, 2014
The "Miranda Warnings" are generally not necessary in most DUI stops. There are exceptions, however, therefore like every other question in law, it...
Archived
What is the likelihood of being convicted of a drug distribution conspiracy without no physical drug evidence?
Brian's answer
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Answered on September 16, 2014
I am certainly glad that you have good representation. However, since you are represented, attorneys may not communicate with you about your case....
Archived
My husband has a frist time forgeory charge on two checks one cashed for250.00 one not cashed . What is the min and max .
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Answered on September 15, 2014
The State could pursue a couple of different approaches in the case you describe. It seems likely that they would pursue charges under Section...
Archived
I just turned 18 and I was talking to a 13 year old.
Brian's answer
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Answered on September 08, 2014
This is the 5th time you've asked. Quit it.
Will having smokeless chewing tobacco in at the time of a breathalyser affect the results of the breathalyser?
Brian's answer
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Answered on September 08, 2014
Yes, it can. In most cases, best practices requires the officer to determine that the subject has no foreign material in his/her mouth. In the case...
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