Criminal Defense Attorney FAQs (Alabama)
Q1: What should I do if I’m arrested in Alabama?
If you’re arrested in Alabama, stay calm, exercise your right to remain silent, do not consent to a search of your person, home or vehicle under any circumstances, and request an attorney immediately. Avoid answering questions without legal representation, because anything you say can be used against you. Contacting a criminal defense attorney quickly gives you the best chance to protect your rights.
Q2: Can a criminal defense attorney help me avoid jail time?
Yes. An experienced Alabama criminal defense lawyer can negotiate with prosecutors, challenge evidence, and present strong defenses in court. Depending on your case, they may secure reduced charges, probation, or dismissal instead of jail time.
Q3: What types of criminal cases do you handle?
We handle a wide variety of criminal cases from DUI/DWI, drug crimes, assault, theft, domestic violence, white collar crimes, and more serious felonies. No matter the charge, it’s important to have strong legal representation.
Q4: How much does it cost to hire a criminal defense lawyer in Alabama?
Legal fees vary depending on the complexity of the case, whether it goes to trial, and the underlying facts. It’s best to schedule a consultation to discuss costs upfront.
Q5: What are the penalties for a DUI in Alabama?
DUI penalties in Alabama can vary depending on whether it is your first offense and, if it is more than your first, how long ago your last conviction was. Penalties can include fines, license suspension, mandatory classes, and possible jail time. Penalties increase with repeat offenses. A defense lawyer can often help reduce charges or fight for alternatives like probation.
Q6: Will a criminal charge stay on my record forever?
It depends. Whether a case can be expunged is governed by Alabama’s expungement statutes, and some charges can be expunged in Alabama under certain conditions, while others may remain permanent. A lawyer can review your case and determine if you qualify for expungement or other record-clearing options.
Divorce Attorney FAQs (Alabama)
Q1: How long does it take to get a divorce in Alabama?
In Alabama, the shortest possible divorce timeline is about 45 days if it is uncontested. However, contested divorces involving disputes over custody, property, or support can take months or even longer. While many contested divorces ultimately settle, it can take time for the parties to negotiate a settlement, and for those cases that cannot settle, factors such as the complexity of the case, how long it will take for trial, and which judge the case has been assigned to all affect how long the case will take.
Q2: Do I need to prove fault to get divorced in Alabama?
Alabama require the Plaintiff to list a ground for divorce, with the most common being an incompatibility. You can also list a fault-based ground, such as adultery, abuse, or abandonment, and a finding that one of the parties is at fault can influence a court’s decision on how martial property is divided.
Q3: How is property divided in an Alabama divorce?
Alabama is an “equitable distribution” state. This means marital property is divided fairly, though not always on a literal 50/50 basis.. The court considers factors like length of the marriage, contributions of each spouse, and financial circumstances. The court also determines what is martial property and what is a person’s separate property, meaning that it is not divisible.
Q4: Who gets custody of the children in a divorce?
In initial child custody cases in Alabama, custody is determined based on the “best interest of the child.” Courts consider factors such as parental involvement, stability, and the child’s needs. Custody may be joint or awarded primarily to one parent, with visitation rights for the other. In cases where a parent is trying to change a prior custody order, a more difficult standard, known as the “McLendon standard”, is used.
Q5: Will I have to pay alimony in Alabama?
Possibly. Alimony (spousal support) depends on factors such as the length of the marriage, financial need, and each spouse’s earning ability. A divorce lawyer can help argue for or against alimony depending on your situation.
Q6: Can I handle my divorce without a lawyer?
While it is possible to file for divorce without an attorney, it’s not recommended—especially if children, assets, or disputes are involved. An Alabama divorce lawyer ensures your rights are protected and helps avoid costly mistakes.