Alabama Q&A by Practice Area

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1 Answer | Asked in Car Accidents and Family Law for Alabama on
Q: Can a parent press chargers on their child if they put a dent on the parents car by accident
Tim Akpinar
Tim Akpinar answered on Aug 25, 2021

An Alabama attorney could advise best, but your question remains open for two weeks. Until you're able to speak with an Alabama attorney for meaningful guidance, an accidental dent does not usually amount to being a crime in most places. Unless an accident involved intoxication, recklessness,... Read more »

1 Answer | Asked in Criminal Law for Alabama on
Q: My bf is on supervised prob in 2 counties in AL & its killing him financially. Possible to "combine" payments/reporting?
Travis T Juneau
Travis T Juneau answered on Aug 25, 2021

He should be able to combine supervision with whichever county he is living in if he is on state-supervised probation. However, the payments of court costs, restitution, fines, and fees will have to go to the sentencing court. He needs to talk to his probation officer and have supervision... Read more »

1 Answer | Asked in Insurance Defense for Alabama on
Q: Can I keep my vehicle after it is deemed a total loss and payed out by the insurance company?
Nelson Craig Johnson
Nelson Craig Johnson answered on Aug 24, 2021

That will be determined as part of your settlement. If you have not accepted a property settlement offer you can negotiate to keep the vehicle. They will likely reduce their offer by what they assess the salvage value of the vehicle to be.

1 Answer | Asked in Uncategorized for Alabama on
Q: Can a insurance company make a renter pay for an accidental fire
Nelson Craig Johnson
Nelson Craig Johnson answered on Aug 24, 2021

Likely depends on the language of the lease agreement, property insurance agreements, and renters insurance agreements. I would suggest taking those documents to an attorney for review to get specific advise.

1 Answer | Asked in Landlord - Tenant for Alabama on
Q: I signed a lease with a real estate company. Landlord has decided to sell the her home. Lease expires in October.

Owner's Agent notified me of owners need to inspect the premises. I requested that she wear gloves and mask. Owner said she would comply. I have extenuating health issues. Landlord has known about these issues. I was recently hospitalized for 4 days, because of a compromised immune system.... Read more »

Nelson Craig Johnson
Nelson Craig Johnson answered on Aug 24, 2021

To give any specific advise an attorney would need to review your lease. I would suggest calling an attorney and forwarding him the lease agreement to determine a course of action appropriate to protect your interests. Because there is an upcoming showing time is of the essence. If it is a... Read more »

1 Answer | Asked in Real Estate Law for Alabama on
Q: Do members of a Property Owners Association ( Homeowners Association) have the right to see contracts in Alabama?

The front entrance to our subdivision was damaged by a pickup truck. The Board approved a contract for repairs in excess of the insurance settlement. They used money from regular dues to pay the difference. I would like to have a copy (or at least see) the contract.

Nelson Craig Johnson
Nelson Craig Johnson answered on Aug 24, 2021

I think it is more than reasonable for you to request a copy or to see the contract as you pay dues tot he HOA. Now if you are entitled to see that contract likely depends on the way the HOA was set up and the language of the documents drafted to create the HOA.

I would start by making the...
Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Alabama on
Q: Can an employer fire me because of an injury that happened almost 4 years ago?

I was working for a company as a temp worker and when I went to go do my drug test and physical I let the physician know that I had surgery on my neck, and when i went back to my job HR said that they are going to hold my hire date, I told them that I was fully released from the doctor that had... Read more »

Nelson Craig Johnson
Nelson Craig Johnson answered on Aug 24, 2021

You should speak with an attorney experienced in the American's with Disabilities Act. I do not believe the answer to your question is going to be an obvious one, but it may fall within the ADA. Alabama is a right to work State, which means an employer can fire someone for any reason so long... Read more »

1 Answer | Asked in Employment Law for Alabama on
Q: Can a company require covid restrictions at one location only when they own companies across 21 states?

They are only requiring corporate people to go home if unvaccinated. They do not require this for the entire company. If they fire someone would it be legal?

Nelson Craig Johnson
Nelson Craig Johnson answered on Aug 16, 2021

In general Alabama is a right to work state and a person can be fired for almost any reason. It is also likely fine for them to institute this policy for Alabama only. The limitation would be if you are protected under the ADA to avoid receiving the vaccination due to some pre-existing health... Read more »

1 Answer | Asked in Criminal Law, Domestic Violence and Federal Crimes for Alabama on
Q: Can the parole board revoke your parole on a charge that's still going to court

My husband got arrested in April and his parole officer violated him in June but he hasn't been to court for the charge from April and the parole board already stated that they are sending him to prison

Randy Bryan Ligh
Randy Bryan Ligh answered on Aug 16, 2021

It depends on the conditions of your husband's parole and whether or not he is in violation of any of those conditions.

2 Answers | Asked in Immigration Law for Alabama on
Q: Lost of Green card

Subject: lost Greencard

I have a conditional greencard through marriage. Unfortunately, I lost all my legal documents overseas including my greencard. I was able to return to USA with a travel permit. Now since I'm here, I haven't been able to replace my SS or to get my drivers... Read more »

Kyndra L Mulder
Kyndra L Mulder answered on Aug 16, 2021

Your first step is to apply for a replacement green card.

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1 Answer | Asked in Immigration Law for Alabama on
Q: came here on a student visa and ended up staying undocumented. married a us citizen who recently passed away. had kids.

my spouse passed away last yr and we never applied for citizenship. now i have legal problems. and getting close to retirement. I would love to go back to Philippines.

both kids are born here. what are my options?

Kyndra L Mulder
Kyndra L Mulder answered on Aug 16, 2021

In general, your option is to remain the USA or return to the Philippines. It is not possible to give you specifi advice without additional information.

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...
Read more »

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...
Read more »

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 »

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