Comments for Fortune & Beard, P.C. http://www.bhamlaw.com/bhamlawblog Birmingham Legal Issues Thu, 21 Apr 2011 04:00:58 +0000 hourly 1 http://wordpress.org/?v=3.3.1 Comment on What will happen after a disorderly conduct charge? by csbeard4791 http://www.bhamlaw.com/bhamlawblog/2011/04/what-will-happen-after-a-disorderly-conduct-charge/#comment-5 csbeard4791 Thu, 21 Apr 2011 04:00:58 +0000 http://www.bhamlaw.com/bhamlawblog/?p=23#comment-5 Since you committed the crime under the age of 21, a judge may adjudicate you as youthful offender. There are several provisions that protect youthful offenders and it would be doubtful that you would be sentenced to jail. However, the sentencing guidelines for a misdemeanor include some jail time based on the degree of the committed offense. Speak with your attorney regarding your options. Since you committed the crime under the age of 21, a judge may adjudicate you as youthful offender. There are several provisions that protect youthful offenders and it would be doubtful that you would be sentenced to jail. However, the sentencing guidelines for a misdemeanor include some jail time based on the degree of the committed offense. Speak with your attorney regarding your options.

]]> Comment on Question: Am I going to jail for my first DUI? by csbeard4791 http://www.bhamlaw.com/bhamlawblog/2011/04/question-am-i-going-to-jail-for-my-first-dui/#comment-4 csbeard4791 Tue, 19 Apr 2011 18:42:35 +0000 http://www.bhamlaw.com/bhamlawblog/?p=21#comment-4 You can receive a DUI without consuming an alcoholic beverage. If the probable cause existed for impairment, an arrest will be effectuated. Generally, your first DUI will not require jail time and could possibly be negotiated to Reckless driving with accompanying DUI provisions. In fact, your particular set of facts, depending on the type of medication consumed, may give way to taking your case to trial. Speak with your attorney about your options because trial can be costly. You can receive a DUI without consuming an alcoholic beverage. If the probable cause existed for impairment, an arrest will be effectuated. Generally, your first DUI will not require jail time and could possibly be negotiated to Reckless driving with accompanying DUI provisions. In fact, your particular set of facts, depending on the type of medication consumed, may give way to taking your case to trial. Speak with your attorney about your options because trial can be costly.

]]> Comment on Attorney Liens by csbeard4791 http://www.bhamlaw.com/bhamlawblog/2011/04/attorney-liens/#comment-3 csbeard4791 Tue, 19 Apr 2011 03:20:22 +0000 http://www.bhamlaw.com/bhamlawblog/?p=15#comment-3 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: Code of Alabama section 34-3-61, (a) Attorneys-at-law shall have a lien on all papers and money of their clients in their possession for services rendered to them, in reference thereto, and may retain such papers until said claims are satisfied, and may apply such money to the satisfaction of said claims.; (b) Upon actions and judgments for money, they shall have a lien superior to all liens but tax liens, and no person shall be at liberty to satisfy said action or judgment, until the lien or claim of the attorney for his fees is fully satisfied; and attorneys-at-law shall have the same right and power over action or judgment to enforce their liens as their clients had or may have for the amount due thereon to them; (c) Upon all actions for the recovery of real or personal property, and upon all judgments for the recovery of the same, attorneys-at-law shall have a lien on the property recovered, for their fees, superior to all liens but liens for taxes, which may be enforced by said attorneys-at-law, or their lawful representatives, as liens on personal and real estate, and the property recovered shall remain subject to said liens, unless transferred to bona fide purchasers without notice; (d) The lien in the event of an action, provided in subsections (b) and (c) of this section, shall not attach until the service upon the defendant or respondent of summons, writ or other process. However, when any claim is settled between the parties after the filing of an action but before the defendant has actual notice of the filing of the action by service of summons or otherwise, such settlement shall operate as a full discharge of the claim. 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:
Code of Alabama section 34-3-61, (a) Attorneys-at-law shall have a lien on all papers and money of their clients in their possession for services rendered to them, in reference thereto, and may retain such papers until said claims are satisfied, and may apply such money to the satisfaction of said claims.; (b) Upon actions and judgments for money, they shall have a lien superior to all liens but tax liens, and no person shall be at liberty to satisfy said action or judgment, until the lien or claim of the attorney for his fees is fully satisfied; and attorneys-at-law shall have the same right and power over action or judgment to enforce their liens as their clients had or may have for the amount due thereon to them; (c) Upon all actions for the recovery of real or personal property, and upon all judgments for the recovery of the same, attorneys-at-law shall have a lien on the property recovered, for their fees, superior to all liens but liens for taxes, which may be enforced by said attorneys-at-law, or their lawful representatives, as liens on personal and real estate, and the property recovered shall remain subject to said liens, unless transferred to bona fide purchasers without notice; (d) The lien in the event of an action, provided in subsections (b) and (c) of this section, shall not attach until the service upon the defendant or respondent of summons, writ or other process. However, when any claim is settled between the parties after the filing of an action but before the defendant has actual notice of the filing of the action by service of summons or otherwise, such settlement shall operate as a full discharge of the claim.

]]> Comment on Someone got a DUI in my car! by csbeard4791 http://www.bhamlaw.com/bhamlawblog/2011/04/someone-got-a-dui-in-my-car/#comment-2 csbeard4791 Tue, 19 Apr 2011 03:18:11 +0000 http://www.bhamlaw.com/bhamlawblog/?p=11#comment-2 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. Answer Applies to: Alabama Replied: 4/16/2011 Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. 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.

Answer Applies to: Alabama
Replied: 4/16/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice.

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