What is the punishment for shoplifting in Alabama?

The victim suffered minor wounds, and I turned myself in after a few hours. What is the maximum sentence for a hit and run? I am in Birmingham, Alabama. This is my first run in with the law.

Child Support Collections

Alabama provides an opportunity for the collection of child support.  Simply contact your local DHR for more information.

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Does an attorney have give copy of a case file on the clients request?

It depends.
If you have paid the attorney in full and your contract provided for work product and legal analysis to be given to the client at the end of the proceeding, the attorney should hand over documents related to your case. If the document is an original or was given to the attorney by the client, that document is deemed to be the client’s and should be handed over promptly. This all depends on the attorney’s compensation and whether or not he/she was paid in full. In Alabama, attorneys have the right to lien certain documents, albeit exceptions do exist (transcripts for indigent clients with court appointed representation), when said attorney has not been paid accordingly. This is a statutory provision that has yet to be fully interpreted:
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What will happen if someone else gets a DUI in my car?

Outside of having to pay fees to retrieve your automobile, you would only incur criminal liability in some jurisdictions if you “knowingly” allowed a driver to drive without a license or impaired. Other than the aforementioned, you should be fine criminally. Please note that if property damage or other harm occurs, you could be liable for a civil action regarding a negligent entrustment theory.
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1 (855) 6-DUI LAW - Alabama DUI Defense

In Alabama a person is considered to be driving under the influence when; 1.) There is 0.08 percent or more by weight of alcohol in his or her blood; 2) he or she is under the influence of alcohol; 3.) he or she is under the influence of a controlled substance to a degree which renders him or her incapable of safely driving; 4.) he or she is under the combined influence of alcohol and a controlled substance to a degree which renders him or her incapable of safely driving; or 5.) he or she is under the influence of any substance which impairs the mental or physical faculties of such person to a degree which renders him or her incapable of safely driving.

DUI charges generally stem from a person who is driving under the influence of alcohol; however, any prescription drugs that you take before or during the operation of your motor vehicle that can impair your operating skills may also result in a driving under the influence charge. DUI’s can adversely affect the convicted person’s life in several ways such as; fines, jail time, loss of driving privileges, the ability to acquire or maintain a job, etc. In Alabama DUI’s have a step-up punishment scale that is as follows:

1st Drunk Driving Conviction

•  Imprisonment – Up to 1 Year or,
• Fine – From $600 to $2,100 or Both
• License Suspension – 90 DaysCriminal solicitation to commit controlled substance crime.

2nd Drunk Driving Conviction

•  Imprisonment – Up to 1 Year
• Jail – Mandatory Minimum of 5 Days or,
• Community Service – Minimum of 30 Days
• Fine – From $1,100 up to $5,100
• License Suspension – 1 Year

3rd Drunk Driving Conviction

• Imprisonment – From 60 Days to 1 Year
• Jail – Mandatory 60 Days
• Fine - $2,100 - $10,000
• License Suspension – 3 Years
  

4th Drunk Driving Conviction

• Class “C” Felony
• Imprisonment – From 1 Year to 10 Years
• Jail – Mandatory 1 Year and 1 Day
• Fine - $4,100 - $10,100
• Complete State Certified Chemical Dependency Program
• License Suspension – 5 Years

* In addition to the penalties, any person convicted of driving under the influence shall be referred to the court referral officer for evaluation and referral to appropriate community resources. The defendant shall, at a minimum, be required to complete a DUI or substance abuse court referral program approved by the Administrative Office of Courts.

DUI Defense

A solid and strategic defense is of paramount importance when defending against a DUI charge. The Beard Law Group has experience dealing with every aspect of the DUI charge from inception to adjudication. We look at everything from facts surrounding the initial stop, police procedure to the incidence and offense report to make sure your rights were observed and proper procedure was followed.

Bankruptcy Information

Bankruptcy laws help people who can no longer pay their creditors get a fresh start – by liquidating assets to pay their debts or by creating a repayment plan. Bankruptcy laws also protect troubled businesses and provide for orderly distributions to business creditors through reorganization or liquidation.
Most cases are filed under the three main chapters of the Bankruptcy Code – Chapter 7, Chapter 11, and Chapter 13. Federal courts have exclusive jurisdiction over bankruptcy cases. This means that a bankruptcy case cannot be filed in a state court
Federal courts have exclusive jurisdiction over bankruptcy cases. This means that a bankruptcy case cannot be filed in a state court.

The primary purposes of the law of bankruptcy are

• to give an honest debtor a "fresh start" in life by relieving the debtor of most debts, and
• to repay creditors in an orderly manner to the extent that the debtor has property available for payment.

A bankruptcy case normally begins by the debtor filing a petition with the bankruptcy court. A petition may be filed by an individual, by a husband and wife together, or by a corporation or other entity. The debtor is also required to file statements listing assets, income, liabilities, and the names and addresses of all creditors and how much they are owed. The filing of the petition automatically prevents, or "stays," debt collection actions against the debtor and the debtor's property. As long as the stay remains in effect, creditors cannot bring or continue lawsuits, make wage garnishments, or even make telephone calls demanding payment. Creditors receive notice from the clerk of court that the debtor has filed a bankruptcy petition. Some bankruptcy cases are filed to allow a debtor to reorganize and establish a plan to repay creditors, while other cases involve liquidation of the debtor's property. In many bankruptcy cases involving liquidation of the property of individual consumers, there is little or no money available from the debtor's estate to pay creditors. As a result, in these cases there are few issues or disputes, and the debtor is normally granted a "discharge" of most debts without objection. This means that the debtor will no longer be personally liable for repaying the debts.

In other cases, however, disputes may give rise to litigation in a bankruptcy case over such matters as who owns certain property, how it should be used, what the property is worth, how much is owed on a debt, whether the debtor should be discharged from certain debts, or how much money should be paid to lawyers, accountants, auctioneers, or other professionals. Litigation in the bankruptcy court is conducted in much the same way that civil cases are handled in the district court. There may be discovery, pretrial proceedings, settlement efforts, and a trial.

Information herein was derived from the United States Courts.

Quit Claim Deed

Most individuals have heard of or used a quit claim deed.  It seems like a simple solution to easy or complex problem(s); however, it can create issues that linger.  Quit Claim Deeds are most commonly used in divorce in an effort to settle a dispute between a couple.  Generally one person will sign over the rights to the property while remaining attached to the loan.  In return, the benefitting spouse promises to refinance as timely as possible.

Life continues and the other spouse continues to pay the mortgage and maintain the home.  You, the one who has signed away the rights to your property via quit claim continues your new life without concern, at least without concern related to the property in question.  Really, why should you care, you have given up your rights to the property in trade for whatever settlement you have agreed to. 

Well, my friend, that decision could come back to haunt you.  In an economy where real estate is not easy to swap, sell, or, at times, give away, being attached to a loan without ownership in the secured property will create a severe storm in certain conditions.  Did you ever think about your ex-spouse's demise while still enjoying ownership of the property?  Did you ever think you could still be responsible for the mortgage without any ownership in the property? 

What if your ex-spouse never refinanced the property and after several years passes away untimely.  It is at that point that the mortgage company is knocking on your door, and the estate could care less about your issue because as far as the estate is concerned, you own the mortgage and the estate owns the residence - period.  What to do?  Most attorneys will tell you about the doctrice of SOL and bid you good luck in your endeavor.  More to come...please check out Birmingham Law Blog