Should I Give a Statement to the Police?
In criminal cases the question arises “should I give a statement to the police if they question me”. Answer is almost always NO! The Police are doing their job and investigating whatever crime has been committed. If they have singled you out and asked you to speak with them and give a statement regarding the
- Published in Criminal Law
What is “Discovery” in a Divorce Case?
If during a divorce questions arise as to the finances of the family or of one spouse in particular there are methods to conduct “discovery” on those issues and attempt to uncover the facts. Discovery is information sought by each side in a divorce action to assist them in the divorce trial to make sure
- Published in Divorce
New Alabama Law Concerning Sex Offenders
Alabama recently rewrote the laws concerning sex offenders and the registration requirements of convicted sex offender. One of the single most important aspects of these new laws was the inclusion of a method by which Juvenile and Youthful Offenders may be excused from registration for life as a sex offender and avoid the public notification
- Published in Criminal Law
Making Changes to Original Divorce Order
If a divorced parent wishes to change a part of the original divorce order then they must understand the limitations. First any property settlements are final after the 42 day appeal time has expired. The only issues that are subject to modification are; child support, visitation, and alimony. The first two are always available for
- Published in Divorce
What is Joint Legal Custody?
What is joint legal custody? In a divorce this is a common term. It is used to describe the parties’ legal standing regarding the minor children. Unlike sole custody where one parent keeps all control legal and custodial over the minor child or children; joint custody allows both parents to be on a somewhat equal
- Published in Divorce
The Purpose of Bonds in Criminal Cases
Many times clients are confused about the purpose of a bond in a criminal law case. A bond amount is set by the court in each case and it is set to act as a surety that the defendant will appear in court for all future court dates. Bonds in Alabama may be made by a
- Published in Criminal Law
Divison of Assets in Alabama Divorce Cases
When considering divorce in Alabama one of the first things to consider after children and custody is the division of marital assets. Alabama is not a 50/50 state it is court of equity and will seek to make an equitable distribution of marital assets. This is not 50/50 because factors can be considered that may
- Published in Divorce
Tuscaloosa Man Sentenced in Child Pornography Case
Upon being convicted for one count of possessing child pornography obtained over the Internet, a Tuscaloosa man was sentenced by a Federal judge to nearly six years in prison. Bruce Henry, a 37-year old Tuscaloosa resident, pleaded guilty in U.S. District Court before being sentenced to 70 months in prison, followed by five years of
- Published in Criminal Law
Household Items and Fixtures
Divorces are about more than just alimony and child support. A divorce must totally separate the assets of the marriage. Many people pose the question of how do we know what items can be removed from the home and what stays with the home. This issue revolves around the idea of household goods vs. fixtures
- Published in Divorce
Attorney Advice on Child Custody
Many clients seek out an attorney to give them advice on child custody. All too often this is after the initial divorce of the parties and therefore certain conditions do apply. Since Alabama no longer recognizes a “tender years” approach to determining custody both parties are presumed equally competent parents and capable of having custody
- Published in Divorce
Can Child Support be Modified?
The answer is yes it can upon a change in either parties income of 10% up or down. If a substantial amount of time has passed a review can be requested to see if a modification is warranted. A person paying child support cannot make an agreement with the person receiving child support to pay
- Published in Divorce
When is an award of alimony appropriate?
Alabama does not have a really hard and fast rule concerning alimony except that it can be requested in a divorce case. There are two types of alimony, alimony in gross and periodic alimony. Alimony in gross is a lump sum payment whereas periodic alimony is not vested and may terminate upon the occurrence of
- Published in Divorce