Opelika Alabama Legal Blog

Facing a DUI charge? This is what can happen if you're convicted

On behalf of Dean & Barrett on Thursday, July 18, 2019.

Driving under the influence of alcohol is a serious violation. Still, every day, numerous people in Alabama face charges for this offense. If you found yourself facing DUI charges, the consequences of a possible conviction can be severe.

Before diving into the penalties that accompany DUI charges, let's go over what it takes for police to arrest you for this offense. If you are over the age of 21, the police may arrest you for driving under the influence if they find you have a blood-alcohol concentration of .08% or higher. If you are under the age of 21, the BAC limit lowers to .02%. If you are a commercial truck driver, the BAC limit is .04%.

Is separate always better in family law?

On behalf of Dean & Barrett posted in Family Law on Friday, July 5, 2019.

The difference between "marital" and "separate" is an important distinction. In a divorce, individuals can keep their separate property but must split up marital property. Some couples choose to create prenuptial agreements before they marry that address these items along with other aspects of family law, but younger couples are trying out a different approach. Unfortunately, it might not be as effective as they might hope.

In the not-too-distant past, it was relatively uncommon for married couples to maintain separate bank accounts. Now, a Bank of America survey shows that 28% of millennials who are married do not maintain joint accounts. Many of these young adults remember watching their parents and their friends' parents go through nasty divorces, so they are often eager to minimize any areas of potential fighting.

How family law looks at child support

On behalf of Dean & Barrett posted in Family Law on Wednesday, June 26, 2019.

It can be hard for children in Alabama to watch their parents get divorced. In most cases, though, it is best for unhappy parents to end their marriages and move forward with happier, more fulfilling lives. This is usually best for their children, too. However, this means that parents must comply with an important aspect of family law -- child support.

Not everyone is happy to learn that they will have to pay child support, perhaps partly because they may not fully understand its purpose. Children need financial support from both of their parents, which is fairly easy when the parents are married. When parents divorce, one parent is usually ordered to pay child support in order to continue that type of financial support. The parent who has primary physical custody is usually entitled to receive support from the ex-spouse, the noncustodial parent.

Wrongful death: Head-on collision leaves 2 dead

On behalf of Dean & Barrett posted in Personal Injury Law on Monday, June 17, 2019.

A stretch of dangerous road in Alabama was the site of a recent deadly car accident. According to authorities, the head-on collision resulted in two deaths and at least one possible injury. Police are still investigating the car wreck, but that does not mean that it is too early for the victims' family to begin exploring options for a wrongful death claim.

At the time of the wreck, a 71-year-old female driver was traveling with a 6-year-old passenger in her car. Another driver was traveling on the same stretch of road in the opposite direction. For reasons that are still unclear, the two vehicles collided head-on. The force of the wreck was so severe that both vehicles were pushed off of the roadway and into a nearby creek.

What elements lead to an aggravated assault charge?

On behalf of Dean & Barrett on Monday, June 17, 2019.

You may not consider yourself a particularly violent person. You may not even feel like a hothead who loses your temper far too often. Still, anyone could find him or herself in a difficult predicament in which tempers flare and an altercation escalates more quickly than expected.

If the situation goes too far and someone calls the police, criminal charges could result. While you never anticipated having allegations brought against you, you could now face the serious ordeal of having to defend against aggravated assault charges. Still, you may wonder: why was an enhanced charge applied to your case?

Dividing property according to Alabama family law

On behalf of Dean & Barrett posted in Family Law on Wednesday, June 12, 2019.

Whether a couple was married for only a handful of years or for decades, how to divide marital property is usually a contentious issue. It can even be more confusing for individuals who are not working with the correct information. Here are a few things that those going through a divorce should understand about Alabama family law and how it handles property division.

Like most other states, Alabama handles property division through equitable division. This name can be deceiving, as many people hear "equitable division" and believe that everything will be split up evenly, 50/50. Equitable actually means that the division should be fair to both parties. In theory this could look like an equal split, but it could also mean that the most fair situation would be for one person to get closer to 66% or another percentage of the property. This is especially true for higher earners.

Corrections officer arrested for criminal law violation

On behalf of Dean & Barrett posted in Criminal Law on Monday, June 10, 2019.

Criminal charges can have serious, real-life consequences for defendants' personal and professional lives. Depending on a person's career, the individual could possibly end up losing his or her job even without a conviction. Others may face workplace penalties, such as administrative penalties and other forms of disciplinary actions. This is why dealing with criminal law matters in a prompt and vigorous manner can be extremely beneficial for many defendants.

An Alabama woman who was working as a state prison sergeant was recently arrested on drug-related charges. According to the Alabama Department of Corrections Investigations and Intelligence Division, the 35-year-old corrections officer brought drugs to work. The substance was not on her person, however.

Family law concerns when divorcing for the second time

On behalf of Dean & Barrett posted in Family Law on Wednesday, June 5, 2019.

Getting divorced is a unique experience no matter whether it is a person's first, second or even third marriage. In each instance, a person might encounter new emotional, financial, and practical issues that must be overcome. Here are a few family law matters that individuals embarking on their second or third divorce might need to keep in mind.

Figuring out the right child custody arrangement is important for parents in Alabama. A parent who is divorcing for the second time and has children from both marriages might notice that figuring out a custody agreement could be harder the second time around. This is because their custody arrangement from the first marriage will likely impact how parenting time is divided for the children from the second marriage. A parent in this situation will have to coordinate parenting schedules with not one ex-spouse, but two.

How does family law treat stay-at-home mothers?

On behalf of Dean & Barrett posted in Family Law on Thursday, May 16, 2019.

A significant number of people in Alabama are under the impression that marital property is split exactly in half during a divorce. However, according to the state's family law, property must be split equitably, or fairly, but not necessarily equally. This means that some couples might have to answer some difficult questions during divorce, such as how the contributions of a stay-at-home parent should be weighed.

Over 25% of mothers in America stay home with their children. These women often give up career paths of their own in order to care for their families and support their husbands' careers. Despite this being a voluntary choice, more than half of American adults believe that mothers staying home is a good idea, especially when compared to the option of fathers staying home to raise children.

Information that may prove useful after a truck accident

On behalf of Dean & Barrett on Tuesday, May 14, 2019.

The time after a serious car accident can seem like a blur. If you suffered serious injuries, you may not even remember much about the incident itself. Unfortunately, this type of outcome is not unusual when a negligent or reckless semi-truck driver causes a crash.

If your injuries resulted from such an incident, you may have a long road ahead of you when it comes to recovery. While your main priority should certainly be following your course of medical treatment and working to regain any lost abilities as much as possible, you will likely still have many concerns about how you will pay for that treatment and handle other difficulties that your injuries have caused.