Legal Q & A

Q:      How many days do I have to return a car after I buy it?

 

A:      Alabama does not have a “right of recision” for automobiles which means that you cannot return a car once you buy it under most circumstances.

Q:      What is a Youthful Offender?

 

A:      Youthful Offender is a plea in a criminal case that a person under the age of 21 can request if they have a clean record.  If the Court accepts a plea of Youthful Offender the jail time will not be imposed and the record will be sealed.

Q:      Who is responsible if a tree growing in my yard falls on my neighbor’s house?

 

A:      It is an “Act of God” that should be covered by your neighbor’s homeowners insurance unless you knew or should have known that the tree was rotten and in danger of falling.

Q:      If I die without a Will does the State of Alabama get my property?

 

A:      If you die without a will the State will not get your property unless you do not have any heirs at law (spouse, children, parents, etc..).  However, the administration of your estate will be more complicated and expensive if you do not have a will.

Q:      Why do I need UM insurance that protects me from uninsured motorists if there is a mandatory insurance law in Alabama?

 

A:      Even though Alabama law requires everyone to carry liability insurance, many people still ignore that law or carry only the minimum limits of $20,000.00.  In my opinion you should have a minimum of 100/300 of UM/UIM coverage on each vehicle that you own— it is one of the cheapest forms of insurance coverage you can buy.

Q:      If I was arrested and the Police did not read me my rights can I get it thrown out?

 

A:      The Police only have to read you your “Miranda Rights” if they want to take a statement from you and intend to use that statement against you in court.  Your arrest is still valid although they may not be able to use any statement you gave against you.

Q:      I have heard that the divorce court almost always gives custody of the children to the mother in divorce case?

 

A:      Although there used to be a “tender years presumption” that said that a young child is best suited with its mother that has been overturned by the courts.  Now the Domestic Relations Court uses a “best interest of the child” standard and looks at all of the circumstances to do equity.

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