Tuscaloosa Domestic Violence Attorney
_The following questions and answers are general in nature and are not intended as legal advice.
NEFF’S TOP TEN QUESTIONS AND ANSWERS FOR TUSCALOOSA DOMESTIC VIOLENCE CASES
1. What does the term "domestic violence" mean ?
A person commits domestic violence if the person commits the crime of assault in the third degree pursuant to Section 13A-6-22; the crime of menacing pursuant to Section 13A-6-23; the crime of reckless endangerment pursuant to Section 13A-6-24; the crime of criminal coercion pursuant to Section 13A-6-25; or the crime of harassment pursuant to subsection (a) of Section 13A-11-8; and the victim is a current or former spouse, parent, child, any person with whom the defendant has a child in common, a present or former household member, or a person who has or had a dating or engagement relationship with the defendant. Domestic violence in the third degree is a Class A misdemeanor, except the defendant shall serve a minimum term of imprisonment of 48 hours in a city or county jail or detention facility without consideration of reduction in time for any second or subsequent conviction under this subsection.
2. What happens when I go jail ?
Once you have gone to jail, state law requires that the you have to remain in jail for a cooling-off period of 12 hours before making bond. You should consult with Attorney Jason C. Neff as quickly as possible to get yourself or your loved one bonded out of jail.
3. Can I get Youthful Offender for a first DV if I am under 21?
If you are a person charged with domestic violence and you were under 21 at the time of your arrest, you can be granted Youthful Offender status. This status will seal the court records so that the general public cannot view your criminal record.
4. Do you have to be from Alabama to get Youthful Offender?
No, any person that is under 21 at the time of their arrest can apply for Youthful Offender status regardless of where you are from.
5. Will I go to jail for a domestic violence charge?
If this is your first domestic violence charge, you will likely not go to jail for a conviction. However, Alabama laws says that the minimum term of imprisonment imposed under subsection (a) shall be double without consideration of reduction in time if a defendant willfully violates a protection order issued by a court of competent jurisdiction and in the process of violating the order commits domestic violence in the third degree.
You should still seek the advice of Jason C. Neff to protect your rights and ensure that you don’t have to serve any jail time.
6. Will I lose my gun rights?
If you are convicted of a domestic violence crime, you will lose you gun rights. You should seek the advice of Jason C. Neff to protect your rights.
7. Is domestic violence a felony or a misdemeanor?
If you are charged with domestic violence in the 3rd degree, that is a misdemeanor. If you are charged with domestic violence in the 2nd or 1st degree, that is a felony. It is also important to note that if you obtain several misdemeanor convictions, at some point additional arrests can turn into a felony. You really need to consult with an attorney to protect your rights.
8. How much will it cost with fines, classes, and court costs?
Each court in Tuscaloosa has different fees, fines, and costs. Also, depending on if you have any anger management or family counseling or court referral programs, the cost will vary. Jason C. Neff can discuss with you what costs may apply to your case.
9. How can I keep this domestic violence charge off my record?
Tuscaloosa courts do have Pre-Trial programs. However, these programs are not commonly used for domestic violence charges. You should consult with Jason C. Neff about any questions you have regarding this matter.
10. What if the other party does not wish to press charges?
It is not up to the victim to decide if the case can be dismissed. The prosecutor will consult with the victim, but once the City or State picks up the case, it is solely in their discretion to prosecute.
Thank you so much for all you have done for John. We know you have gone beyond any expectations for him. It is up to him now. Thank you again.
No representation is made about the quality of legal services to be performed or the expertise of the lawyer performing such service.