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Found 75 results

  1. Dec 2 2015; on robbery 1/ burglary1 , I didn't get a 72 hr Hearing until 1-28-15 .I ask for a preliminary hearing on this date , the court set it for 2-25-15 but i did not have a hearing then ? my lawer said the grand jury indieted me befor my prelimary hearing ? was my right's voilated?
  2. how can i go by getting jail credit from other countys
  3. Hello, I have a pending child custody modification case in Alabama. The father of my child was awarded primary physical custody in October of 2011 due to false allegations of child abuse. I recently had him arrested for Harassing communications for threatening me and my child via text, calls, and in person, and also filed a protection from abuse with our local youth center. He has filed numerous motions since then, one of which is to suspend my visitation, but the judge DID NOT grant it. The protection from abuse was later dismissed, for an unknown reason (my attorney is inadequate). He has not brought my son for my scheduled visitation since March 8, 2015. We meet at our local sheriff substation so every time he did not show I filed a report. The sheriff's will not do anything, or go get him, unless I have a court order. I should be getting him for visitation the entire month of July but I'm sure he will not show. My question is, can a non-custodial parent get a pick up order so the father will have to bring the child for visitation? The father has retained a pick up order before when I did not return our child due to an abscessed tooth, even though I notified him that I would be taking him to the doctor and provided proof of that. The sheriff's surrounded my house and acted like I was a murderer, took my child, and met the father down the road with him. I would not like for it to be that dramatic, but would like an order making him bring our child to our regular meeting spot. I have not had adequate counsel, matter of fact, I haven't been able to contact my attorney in over a week. I need HELP with this situation, as I miss my son and I know he misses me as well. If I can get some kind of order, could you tell me how I would do that myself? Any help would be so greatly appreciated. Thanks in advance!
  4. Recent property purchased in Shelby county with out knowing property next to them was a gun range with terible noise all day long. After moving in and also having no internet service at all available. The worst is the feeling of being in a war zone and a family with young children living around that all day long. So far finding no recourse and extreme stress to the family. What can be done? So far no help from police or council of town.
  6. Hello, I received a citation from a city police man in Athens Alabama. I was simply traveling home from my job. I left with two of my other co-workers, both were in front of me. After passing a stop sign, I realize blue lights were flashing behind me. A little further down, I know the cop was after me. I turned my caution lights on and I called 911 to report that I was not fleeing, I was going to a well lit area. (Wal-Mart) It was almost midnight at this time, I pulled over in the parking lot and rolled my window down a little and he began to yell for me to roll down my back window, so to not cause conflict, I listened. he kept yelling at me to roll it down further but the child safety on my yukon doesn't allow it to roll down any more. He then came to my window to tell me why he pulled me over. He states I "flew through a stop sign". I tried telling him that there was no way I could have done that because there was two cars in front of me. I have video/audio evidence of the conference. He asked me for my driver's license, I told him i didn't want to give him any information to incriminate myself. I told him I was traveling and not driving. From what I have learned from the Black's Law Dictionary, a traveler is someone who is traveling among the highways freely without restrictions (license and permits), and a driver is someone who is commercially driving and/or is for hire. He acted like he had no clue of the constitution he swore to to become a cop. He told me that if I didn't hand my license over, he would take me to jail. (therefore threatening to arrest me) I clarified with him that if I didn't hand it over, he was threatening to take me to jail. After handing my information over in distress, he came back with my citation and left. my co-worker followed me to Wal-Mart to make sure I wasn't too shook up and could make it home. He told me that both officers was pulling on my door handles and had hands on guns the whole time. Any advice for my court date that I plan to defend? Thanks in advanced.
  7. I complained about overtime pay and my employer responded by telling me I will never grow with the company, be promoted, and do not have a future with them. They then made my work life diffcult to a point where I got a new Job and quit working there. My lawyer started a FLSA overtime lawsuit in federal court but said I can't have a retaliation case because I got a new job right away and did not suffer finincial damages and any other emotional issues, inconveniences and punishments dont apply because I did not seek any professional help like a dr for example. Am I crazy or does it seem like employers are free from any liability when they break the Flsa retaliation laws as long as employees dont suffer a specific finicial loss? He said especially in the federal court Or type of circuit the overtime suite was filed in. Is this correct? Can I file retaliation in local court seperate from the overtime suit? Does anyone know of any retaliation cases I can look up with punitive damages awarded?
  8. My mother recently passed away. The original will cannot be found. Only "copies" are found. In the copies, she "omits" her oldest child (which the name was misspelled) AND does not even acknowledge her middle child, but leaves everything to her third child. Can the third child legally do anything with the "copy" of the Will and Last Testament which he is in possession of? Does this have a solid standing on being a successful contesting of the will? I will appreciate any advice that can be given here! i do not feel that she went to rest with the decision she had made and if she had the funds to have changed her Will she would have done so.
  9. Hello all. I am in Alabama, and I am an independent subcontractor working with a contract company to install cable TV. I get paid a particular amount of $ per job completed, based on what type of job it is (install, upgrade, service call, etc). I have worked for several different companies before, and just started with a new one. When I started working for them, I was asked to sign a contract, which I did. The contract does NOT specify any chargeback amount. (Chargebacks are amounts levied against the next payroll period, usually for a job not done correctly.) The man who interviewed me did say, before I came on board, that he was proud that the company limited chargebacks to one category and one only, and that was failed QCs (Quality Checks). As my quality of work is usually exemplary, I thought this a fair practice and agreed to go to work. Now it is, literally, only 6 days later and I was informed that the company now has a rather extensive list of items that they are going to start charging back. The chargeback amount is the same, regardless of what the charge is for, or what kind of work was originally performed ($60). Now that there is some base information, I will get to my questions. 1) Is it allowable for them to charge me back *at all* since the contract we both signed does not stipulate such? 2) Can they charge a flat rate of $60, even though quite a few jobs don't even pay that much? (Is there a limit, or percentage, of what the original pay was that they can charge back?) 3) Am I allowed a timeframe to correct any errors on my part, prior to being charged back (to avoid said charge) ? 4) Do they have to provide me with details as to what the chargeback is for? I foresee deductions coming on checks with vague notations that I can't dispute due to lack of information. 5) If I can prove that a chargeback was not due to any kind of negligence on my part (the batteries died in a remote control) can they still charge me back? Thank you all for your time, and I appreciate any answers I can get. I know that different companies employ their own rules regarding such, but I was hoping to find what the law actually says.
  10. I have a question about gender discrimination by a local YMCA. I have been a member for around 3 years, and it's been I pretty bad condition, no AC/Heat for 2 years, very few weights/machines, weights are rusted and mismatched, molded carpet. I stayed for 2 reason, it's the only gym in the area, and because I like what the Y stands for, plus a new director recently came in about a year ago promising new, updated weights machines, in addition to updating the facility. Recently they got in new equipment that came from another Y, it's not new but it's really nice, something we have been looking foward to, it was put in an adjacent room, and for 3 weeks everybody was using it, then the director turns it into a "Woman's Only" weight room and claims it's because women are shyer, she also lied and said it was donated for the reason of creating a woman's only weight room, but it came as a hand me down from another, bigger YMCA. So females are able to use all the equipment, both weight rooms, while men are confined to one weight room with little equipment, 3 older machines, all of which are in bad shape, for the sole reason that they're males. Is that gender discrimination, it doesn't feel like equal treatment? I have all this in emails, where I asked her to please let males use all equipment, like females are able to, that we pay the same dues, that all newcomers are shy, that I've donated equipment and had no say so in who got to use it. Also caught her in the lie over email. Is there anything I can do? I'm not only one who feels this way.
  11. I live in Alabama. I moved out of an apartment early after paying my final months rent. The landlord made no objections to the early move out. They had a $300 non-refundable pet deposit and a $100 security deposit. They are charging me for carpet cleaning and other cleaning charges that are outrageously priced. I admit the apartment had not been cleaned, but that is because someone I hired clean it and I went in and there was mold growing in the walls and carpet from a leak that is a third party's liability. I was never alerted that repairs had been made and they sent me the final statement charging me money that they already held as deposits. My question is, are they legally required to apply all of the deposits toward the charges, or do they get to pocket $200 of it?
  12. I live in Virginia and I wish to find an Attorney outside of Alabama to review some court documents reference jurisdiction.
  13. This all started with my Fiance finding another photographer that takes better pictures than the one we booked now. The problem is that we already signed a contract stating that we will lose our deposit which is 50% of the whole fee if canceled. If we cancel now, we would cancel 9 months a head of time, because our wedding is in Oct 2015. IS there something I can do inorder for me to get a full refund. I feel like its unreasonable for them not to refund all of our money because we let them know far in advance. I am getting mixed advice from too many people. Some saying that we can not because its in contract and others saying that we can get back our deposit because the service was not provided. Please help.. Thanks -Chad
  14. I was arrested for possession of dangerous drugs. I was taken to the county jail seen the juge and was released on pretrial services.when i reported to pretrial they told me no charges were filed. I went to my first court hearing they told me no charges were filed . Its almost three months later and still no charges are filed. I am being told they have seven years to file charges on me,is this true?
  15. So I was pulled over the other night on my way back from picking up a car I had just bought (4 days prior to this) from the mechanic I take my vehicles to. An officer pulled me over and gave me two tickets; 1) Driving without insurance. This ticket was dismissed the next day when I went to the courthouse and showed them that my insurance company did in fact have insurance on that vehicle while I was driving it. 2) Driving without Registration in Vehicle. They said I have to appear in court for this one, for who knows what reason, so I was wondering what the maximum penalty was for this if I can't get it dismissed based on the fact that I had just bought the car the previous week. (Alabama law says the new owner has 20 calender days to register a new vehicle before penalties are assessed.) I've had poor luck with traffic tickets and judges and such before, as most younger people seem to. Even when I am clearly within the law, I am sometimes required to pay a fine for things like this. So I was wondering, what is the maximum fine I will have to pay if they do not feel like accepting my bill of sale, title application, and now current registration for the vehicle as proof that I was not operating it unlawfully without registration. Thanks to anyone who can provide any insight on this.
  16. I am very scared to challenge my company to pay me my mileage expenses. I know that my company can reimburse for the mileage its employees whatever it wants-from zero cent per miles to hundreds of dollars; however, my company has a policy that states that it reimburses its employees 40 cents per mile when employees drives to run company’s business outside of permanently assigned location . In mid-September 2014, I was asked to work at different location. I did work till the end of September and got reimbursed for the mileage. I also asked to continue to work throughout the month October 2014, which I did; however, my company refused to pay me for the mileage for no reason. I e-mailed my employer to reconsider the decision, but I didn’t get any respond. I am still working at the place where I was asked to work in September and October. I haven’t gotten reimbursed for my mileage for the month of October and November. I have being getting paid for traveling time for all those driving back and forth to work but not mileage. I am so scared to challenge them. If I challenge them, they might retaliate and fire me. I don’t want to lose my job. I have a family to support. FYI- there is no policy change regarding mileage reimbursement. I have not permanently transferred to the location I am currently working. What should I do?
  17. I was 37 or 38 weeks pregnant when I entered the emergency room and was perscribed valtrex for an ingrown hair that was suspected to be herpes. My microbiology lab results from the culture took at the emergency room came back indeterminate I was only tested once. I want to know how to go about finding the person that decided to enter positive in my lab findings in my medical records when the lab clearly states that HSV 1 and 2 came back indeterminate. By law, can one enter positive in to medical records if the lab result read indeterminate? In result to someone slandering my name and given deformation of character by false positive result in my medical record. When HSV is indeterminate not detected in my lab results my baby had a drug interaction from the Valtrex I was perscribed with the naropin and liodcaine which produce side effects that looked like symptoms of suspected herpes sepsis. Doctors began treating my baby for herpes sepsis before even letting me hold my baby. She could not regulate her body temperature and she was not urinating due to drug interactions of anesthesia and medications they gave me and her. I already have a really good attorney I just wanted to know in the state of alabama what is wrong or could be wrong with my babys case
  18. I own a rental property in northeast Alabama.i rented said property to 2 tenants in july 2014.they were needing a place asap so I done the app and contract there at the property.from the info and contacts they put on the app ,they were more than qualified for rental.the info they gave me,references,previous landlord,income etc was later found to be fraudulent! i found out the next month when they didn't pay rent on time,that I was scammed! the previous landlords # I called the day of rental must have been a friend of thiers # .because I called the place where they supposedly had previously lived only to be told they never lived there.also found out they lied about how much income they get each month.2 months in ,my previous tenant calls to inform me the power was still on in her name and I told her the home had been rented since july,these people were using the power under my previous tenants name and never transferred it !they also put rocks,wood and other debri in the sewer line outside,called the city ,made a complaint to them about sewer backing up.i send the plumber out there when one of the tenants slipped up and said the sewer line was backed up.had to get the cops out there in order for the plumber to clear pipe.now they've been there over a month without paying,all while telling me the house isn't liveable,wanting repairs done but wont allow my husband or anyone access to the home to do the repairs.im evicting them through the courts come next week,and now they are going to sue me they said for the repairs not being done.we never got anything in writing from them about the repairs,and they aren't anything major.(they said the oven isn't working and the window a/c is freezing up)what I need to know is if I need an attorney? they have also denied access to my mortgage holders appraisor to appraise this property to renew a loan that is on a time frame! help!!!
  19. I was at a event that was being held at a public drag strip which I believe was private property. I just arrived at the event when behind me I heard a women say there is no brakes. This woman was driving( intoxicated I might add) a golf cart that was rented by another individual for the purpose of this event. The woman ran me over drug me about 20 yards the golf cart then flipped over on me only to be stop by a RV that I was pinned under and against. I was then taken by ambulance as a level 2 trama with serious but not life threating injuries. My question is who is responsible if not all, the woman, golf cart company, man that rented the golf cart, or the drag strip holding the event. let me add the event was dangerous and really out of control which I stated upon arrival. Like I said I just arrived hadn't even been there 5 min.
  20. My son has been living in a state university owned apartment while attending school. The manager entered the unit without any notice and said he was evicting my son because there was a dog in the unit. The dog is against the policy however the manager brought university police 48 hours later in 90 degree heat and forced him to leave the property. He had recently signed a lease for the school year and was not given his copy of the signed lease. He does have in his posession a letter of approval of his signed lease for this school year. Can they evict without giving him time to find housing? Also, can the manager enter the unit without notice of intent of entering?
  21. So I had to quit my job aug 2 2014, for personal reasons, which was abusive relationship, so I came home. Which is an hour away from my job. 3 weeks ago I did borrow $300. for the owner of my store, the repayment agreement was pay it all back at one time, with time limit on how I had to pay it back. Okay now since I left the other day the manager of the store misplaced, lost or whatever $2000 to $4000. worth of deposits for the store. I get phone call him the exact way he put it. I need a favor, I know you did not do it but I need you to take the fall for this money that is missing, if you do take the fall I will void your check and give you the whole amount, if you don't take the fall we will take $300 out of your check that you owe. I of course refused to take the blame and now he is trying to withhold my check. Can he leagally do that.
  22. Can an employer fire an employee because they received an email from an angry ex which told them they needed to check felony records on"Jane Doe" & so the employer does so through the state's court filing website without permission or signed authorization & calls employee in on the next day (Sat.) & asks employee to explain, however, they accuse them of not telling truth and fires the employee. Never written up or issues, in fact received bonusesfor excellent work & up for raise because they had been there 10 days shy of one year. Is this not illegal and falls under EEOC claim? ?? These charges were all noll prossed/dismissed and over 7 years prior to this incident
  23. Last night I was riding in the car with a friend and she was stopped on a traffic violation. The officer said the car smelled like marijuana and wanted to check the car. He ended up finding a bag that was not mine, but was on my side of the car with marijuana and paraphernalia in it, but again, it was not my bag. Obviously he didn't believe that story and I was charged with Possession in the 2nd degree and paraphernalia. I'm out on bond and I need to know what's next. I know I need to talk to a criminal defense attorney, but what's my sentencing look like? Probation, fines, jail? and about how much money will this cost me? I understand all cases are different, but any information will help.
  24. What is a fair fee for the personal representative of a simple, uncontested estate, involving two close family members?
  25. I was seeing a urologist for a urinary stress incontience. I have been pee peeing on myself for 2 years. I started seeing a particular doctor at Howard University hospitol in Feb. 2014 . She done several test to determine that Yes a do suffer from a urine incontience. And surgery would correct or at least give some relief from the pain. She talked about 3 different opitions available: One was pig something, a mess, and using my very fasha. I explained to her that I had already had several surgical procedures done before so if I didn't have to be cut I would prefer to have that opition completed. She gave me a prescribed drug called estrongen gel. My insurance company do cover the medication however its called a preauthorized drug. Which means the doctor proscribing the medicine have to explain the purpose of the medicine to patient. The doctors office was called on several different occassions explaining the situation about me not receiving the meds and the kept giving me the run around. 1 day before surgerical procedure the doctors finally called and said that we can reschuled and I said not at all. The doctor was notified about the procedure and the changes that I was going through. In turn the medical procedure was implanted and instead of it being a 1 1/2 procedures... Turned into a 5 1/2 hour procedure. Can I sue this hosp. and or doctor office...
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