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1 Answer | Asked in Divorce for Alabama on
Q: Does the state of Alabama require that divorce papers are completed by a licensed attorney?
Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Aug 13, 2021

A person can prepare papers (pleadings) for his or her own divorce. If one person prepares pleadings for another person, that is probably the unauthorized practice of law. There is no requirement that pleadings must be completed by an attorney.

1 Answer | Asked in Municipal Law for Alabama on
Q: how much time will i have to do if i plead guilty
Nelson Craig Johnson
Nelson Craig Johnson answered on Aug 10, 2021

Would need a lot more information. Crimes you have been charged with, what you are pleading guilty to, are any other charges being dismissed as part of the plea, do you have a prior criminal history, etc.

2 Answers | Asked in Election Law and Gov & Administrative Law for Alabama on
Q: Can a sheriff in an active election campaign threaten to fire his deputies if seen talking to any of his opponents?

This sheriff threatened to fire anyone seen talking to a particular individual that contributed to his opponents campaign also. The same sheriff in last election threatened to terminate anyone that he found that didn't vote for him? Are these things election violations? I was told possibly... Read more »

Kevin M Rogers
Kevin M Rogers answered on Aug 10, 2021

Please understand that I do not practice law in GA and will not pretend to know Georgia law or specific Georgia election statutes. However, the question I would pose is: is Georgia a "right to work" state? Another question might be: does Georgia law prohibiting harassment apply to... Read more »

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1 Answer | Asked in Criminal Law for Alabama on
Q: How to determine a lawyer was not operating in-their area or practice. A business lawyer pose as a crimal lawyer?
Nelson Craig Johnson
Nelson Craig Johnson answered on Aug 10, 2021

Attorneys are licensed to practice by state or court system, not by area of law. While an attorney may have their primary focus on one area of law that does not mean they can't handle cases in other areas of law.

Attorney's do have a duty to be competent in their representation of...
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1 Answer | Asked in Consumer Law, Contracts, Banking and Collections for Alabama on
Q: New question statute of limitations Alabama

7 years ago in Alabama I bought a car through the dealership and they sold the loan to AlabamaTelco Credit Union. AlabamaTelco is now Avadian Credit Union. I never stepped foot in the credit Union and was never a member. I lost my job and returned the car to Avadian. Now almost 6 years later... Read more »

Nelson Craig Johnson
Nelson Craig Johnson answered on Aug 9, 2021

General statute of limitations for debt collection actions on a contract is six (6) years. If it is a credit card or open line of credit then it is potentially three (3) years. It seems likely that your loan would be a six year statute. Now because your loan has been transferred between different... Read more »

1 Answer | Asked in Personal Injury and Medical Malpractice for Alabama on
Q: Can the ER ask someone with a high fever to sit in a car with no air conditioning in a parking lot that is 100°f
Nelson Craig Johnson
Nelson Craig Johnson answered on Aug 9, 2021

Short answer is yes, should they is another question entirely. Many of the norms we typically associate with hospital protocols have been altered by COVID-19. If you suffered an injury as a result of that situation it may be worth contacting an attorney for a private consultation.

Medical...
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1 Answer | Asked in Criminal Law, Civil Rights and White Collar Crime for Alabama on
Q: If my codefendant gets a better plea offer than I do an I have clean record not a felon an my codefendant has a record

But he got the better plea offer than me on intent with distribute case an it was his car an not mine plus I never seen any drugs or held any drugs what so ever. Why would he get better plea deal I have clean record he don't. Does that mean he blamed most likely

Joseph Abrams
Joseph Abrams answered on Aug 5, 2021

Plea agreements among codefendants are negotiated separately so they may not be all the same. However, most prosecutors will attempt to treat similarly-situated codefendants in a similar manner. It's difficult to say why your deal is different from the codefendant, but the skill of the defense... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and White Collar Crime for Alabama on
Q: When can you file a motion to suppress evidence my case been going on 3 yrs now. Also never gave permission to search

The car I just started driving like 10 minutes prior to me getting pulled over. I told them no 3 times

Joseph Abrams
Joseph Abrams answered on Aug 5, 2021

Generally, a motion to suppress can be filed any time during the pretrial/motion/discovery phase of the case, subject to any specific rules or requirements ret by the court.

- Law Office of Joseph Abrams, Anaheim, CA

1 Answer | Asked in Gaming for Alabama on
Q: Based on Alabama statute Section 8-1-150 -can i recover the losses we accrued at an illegal gambling establishment?

Illegal gaming/gambling establishment in bessemer al, at 1317 eastern valley rd known as “valley bingo”, operator name unknown, aka “Moe”, believed to be short for Mohammed. Full name unknown.

Nelson Craig Johnson
Nelson Craig Johnson answered on Aug 4, 2021

It appears as though you could potentially recover losses based on this statutory provision; however, I did not find a case where that statute had been used to do so from an illegal gambling establishment. I am also not sure of the legal ramifications (in a criminal context) for admitting to... Read more »

1 Answer | Asked in DUI / DWI for Alabama on
Q: Can ALEA overide a judges order

I received a DUI almost 10 years ago to the day that I received a second DUI I went before the judge my lawyer said it was best to plead guilty (court appointed) I did. I did everything I was ordered to do no infractions what so ever and had a Interlock device in my car until it was deemed... Read more »

Nelson Craig Johnson
Nelson Craig Johnson answered on Aug 3, 2021

Can you clarify your question? What do you mean by ALEA overriding the judges order? Are you referring to them removing a restriction from your license or have they indicated they believe you still require a interlock device regardless of the judges order?

If the judges order for use of the...
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1 Answer | Asked in DUI / DWI and Cannabis & Marijuana Law for Alabama on
Q: My car was impounded in a residential parking lot parked, and the person that was sitting in the car was arrested.

He was “ high” and the keys was in reach of the person sitting. So they impounded my vehicle because he sitting in it this is in Tuscumbia, Alabama

Nelson Craig Johnson
Nelson Craig Johnson answered on Aug 3, 2021

I am not sure exactly what your question is, if you reply and clarify I would be glad to answer. I assume your question is about how to get your car back. If you know which law enforcement agency impounded the vehicle you can call and see if they will give you release instructions. If you do not... Read more »

1 Answer | Asked in Child Support for Alabama on
Q: In the state of Alabama, child support ends at age 19. If the child is in college, does the child support continue?
Nelson Craig Johnson
Nelson Craig Johnson answered on Aug 2, 2021

2013 Alabama Supreme Court decision in Christopher v. Christopher stated that, parents are no longer obligated to pay college tuition costs as a part of child support payments. However, if at the time child support was established or modified the parents made an out of court agreement for those... Read more »

2 Answers | Asked in Bankruptcy for Alabama on
Q: On ssi jointly own home w/ 2 acres and 2 vehicles with boyfriend. If I file chapter 7 will i lose my home or car?

Have disabled daughter also living with me. she is also on ssi. No other assests.

Kevin M Ryan
Kevin M Ryan answered on Jul 30, 2021

Alabama has a bankruptcy homestead exemption of only $16,450.00 which is adjusted for inflation every 3 years. If your property is owned free and clear, you can lose the property if you file a Chapter 7 bankruptcy case. It is of the utmost importance that you contact a bankruptcy attorney... Read more »

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1 Answer | Asked in Contracts and Health Care Law for Alabama on
Q: I am a professional that had an agreement with an attorney to provide expert medical testimony.

At one point in our work, one of the attorneys (whom I was working for the benefit of) threatened me with litigation because I did not return his/her phone call, and it had only been 36 hours since their request for me to call them. I notified that attorney in reply that I felt this behavior was... Read more »

Amanda B Cook
Amanda B Cook answered on Jul 29, 2021

If you want to get out of the contract, then you should take the written agreement to a contract attorney who works in a different area than the attorney you are having trouble with, and see what they have to say about the terms.

If you feel the conduct was unbecoming of an attorney enough...
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1 Answer | Asked in Family Law and Child Custody for Alabama on
Q: My child's father has not been seen since I was 2 months pregnant.

He contacted me via text while I was pregnant, but never asked me about the baby. I always kept lines of communication open and told him he could ask at any time. My child is almost 1 now, he has not tried to make any contact. I changed my number (new phone) but he knows where I live. I have not... Read more »

Nelson Craig Johnson
Nelson Craig Johnson answered on Jul 27, 2021

It sounds like the first thing that he would have to do is file a claim with the court requesting to establish paternity. Assuming he is the father and paternity is established he would then need to request sole or joint custody, or request that he be given visitation rights.

The key...
Read more »

1 Answer | Asked in Car Accidents for Alabama on
Q: How many cars can legally be overtaken
Tim Akpinar
Tim Akpinar answered on Jul 26, 2021

An Alabama attorney could advise best, but your question remains open for a month. As a general matter nationwide, statutes do not generally include any particular figure for cars overtaken. Most statutes pertaining to left lane violations tend to be phrased "a" vehicle or... Read more »

1 Answer | Asked in Real Estate Law for Alabama on
Q: I purchased a home "as is" and signed the paperwork after having the home inspected. Do I have any recourse?

I have already paid to have the foundation repaired; some of the joists weren't even supporting the house. I paid to have the roof repaired because the shingles on the back room were put on backwards. There are holes in the wall that were covered by tape which were painted over (latex over... Read more »

Nelson Craig Johnson
Nelson Craig Johnson answered on Jul 23, 2021

As you stated you purchased the home in "as is" condition, so it is doubtful you would have recourse against the seller. Without having everything in front of me, the only option I could imagine against the seller would be if the seller mislead you as to the condition of the home. Alabama... Read more »

1 Answer | Asked in Child Custody for Alabama on
Q: I live in Georgia my ex-wife and I have joint legal custody of our 2 children with her as the primary custodian

She moved to Alabama to live with a boyfriend 2 years ago, they got married recently, since the move I only have visitation on school holidays and summer break. She never notified the court of her move or modified our parenting plan because of the move.My son now does not want to return to Alabama... Read more »

Shane Michael Oncale
Shane Michael Oncale answered on Jul 15, 2021

It all depends on where your divorce was handled. If your divorce was in GA you can file in GA as GA would have jurisdiction as long as at least one person with custody continues to reside there. Your ex may try to transfer it to Alabama after filing her own case here but you can mount a good... Read more »

1 Answer | Asked in Employment Law for Alabama on
Q: My employer refuses to pay me what do I do
Kyle Anderson
Kyle Anderson answered on Jul 14, 2021

Hello, more information is needed here. Are you categorized as a 1099 independent contractor or W2 employee? How many hours per week are you working? I would reach out to an employment law attorney in your state for a consultation.

2 Answers | Asked in Arbitration / Mediation Law and Consumer Law for Alabama on
Q: Is there a class action suit against Johnson & Johnson Consumer, Inc. involving OGX Renewing Argan Oil of Morocco Shampo

I have used these and my hair has been coming out by the handfuls. It is so thin on top you can see my scalp.

Randy Bryan Ligh
Randy Bryan Ligh answered on Jul 7, 2021

Do no t know, however feel free to do a search on google as see as a starting point.

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