Samuel G McKerall

Samuel G McKerall

McKerall & McKerall, P.L.L.C.
  • Criminal Law, Personal Injury, Family Law...
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Practice Areas
  • Criminal Law
  • Personal Injury
  • Family Law
  • Appeals & Appellate
  • White Collar Crime
  • Legal Malpractice
  • Products Liability
  • Consumer Law
  • Foreclosure Defense
Additional Practice Area
  • Complex Civil Litigation
Education
University of Alabama - Tuscaloosa
J.D. (1971) | Law
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Awards
AV PREEMINENT
Martindale Hubbell
Professional Associations
Alabama State Bar # ASB-9011-R70S
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Current
Websites & Blogs
Website
McKerall & McKerall - Mobile & Baldwin County Lawyers Since 1975
Legal Answers
106 Questions Answered

Q. Traffic stop. Passenger ran. Left drugs in car. Charge poss. No. Traffic off. Now charging me w traffic off.
A: Its legal if there really was a traffic offense and he just didn't write it up at the time. On the other hand, if there originally was no traffic offense, and the officer is lying and just made up a traffic offense so that he could make a possession charge stick, then its not legal. Hire a local lawyer who's familiar with whatever court you're in.
Q. My home was searched and property was seized while I was on vacation what do I do now that I'm home
A: What do you think we're going to say on here? We're all lawyers, so ....... Hire a lawyer. A good one. Tell him or her the complete and absolute truth. Communications with your lawyer are absolutely confidential.
Q. Need immediate answer please.. I have a sister in law who has lost 3 children and had another who is hid. Can I go get h
A: Do you seriously think you're going to get some lawyer to come on here and advise you as to how you may cross a state line and take a child from someone else forcefully? What is the MATTER with you?
Q. Can a police officer pick a child up from school without parent permission to
A: It depends. Why did the officer pick him up? Did he murder someone? If so, the officer can arrest him and take him to jail. Did he commit some kind of assault on another student? Or a teacher? If so, the officer can arrest him and take him to jail. If the officer's purpose had nothing to do with his duties as an officer of the law, then I'll venture a guess that he probably is not supposed to take the child anywhere. We will need to know more facts before we can hazard an answer. WARNING: I am not your lawyer and providing you with the generic information, definition, clarification or explanation you seek about a legal matter on this anonymous forum does not make me your lawyer. By answering your question I am only trying to provide you with general information that will deepen your understanding of the legal concept that appears to be an issue for you, that will hopefully guide you in selecting and communicating with a lawyer of your choosing. The reason for all this is that legal problems are intensely fact-driven, and it is impossible to give anyone correct legal advice without comprehensive inquiry by the lawyer into the specific facts of the situation that concerns you, and the law of the jurisdiction in which you reside, and that is impossible to accomplish through this website. Even though I am not your lawyer, if I should later become your lawyer no representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.
Q. Age limit in Alabama that a child can be left unattended in a car for a little while.
A: What is the matter with you? Who leaves their child unattended anywhere in a car for even one second? There is no age limit defined by the law. WARNING: I am not your lawyer and providing you with the generic information, definition, clarification or explanation you seek about a legal matter on this anonymous forum does not make me your lawyer. By answering your question I am only trying to provide you with general information that will deepen your understanding of the legal concept that appears to be an issue for you, that will hopefully guide you in selecting and communicating with a lawyer of your choosing. The reason for all this is that legal problems are intensely fact-driven, and it is impossible to give anyone correct legal advice without comprehensive inquiry by the lawyer into the specific facts of the situation that concerns you, and the law of the jurisdiction in which you reside, and that is impossible to accomplish through this website. Even though I am not your lawyer, if I should later become your lawyer no representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.
Q. Does a HOA have the right to decide if I extend my driveway or not?
A: That's a question that can't be answered without looking the HOA's official documents, any subdivision regulations that apply and any local city, town or county ordinances that apply. Here's a short un-researched educated guess (that may or may not be correct): If none of the things or entities listed in the preceding sentence say you can't, then you probably can. The easiest way to find out the law part of it will be to check with your local building department and ask whether you will need a building permit for it. That won't tell you what the HOA's powers are, but its a start. The HOA HAS to give you copies of its formal documents. These consist (at least) are its bylaws, its articles of incorporation if its incorporated, its certificate of organization if its an LLC, the restrictive covenants, if any, that its charged with the duty of enforcing, and any rules and regulations that have been adopted by the board of directors. WARNING: I am not your lawyer and providing you with the generic information, definition, clarification or explanation you seek about a legal matter on this anonymous forum does not make me your lawyer. By answering your question I am only trying to provide you with general information that will deepen your understanding of the legal concept that appears to be an issue for you, that will hopefully guide you in selecting and communicating with a lawyer of your choosing. The reason for all this is that legal problems are intensely fact-driven, and it is impossible to give anyone correct legal advice without comprehensive inquiry by the lawyer into the specific facts of the situation that concerns you, and the law of the jurisdiction in which you reside, and that is impossible to accomplish through this website. Even though I am not your lawyer, if I should later become your lawyer no representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.
Q. I was on imvu girl claimed to be over 18 had no idea she was 13 till i asked she persuaded me sexually should i worry
A: Yes, you should worry. You posted this under "Federal Crimes". Its unlikely to be a federal crime, unless you took the girl across a state line for the purpose of having sex with her, or maybe if you had sex with her on federal property, like Redstone Arsenal, which is next door to your town. However, its a very serious state crime under Alabama law to have sex with someone who is underage. There are so many possible sex offenses this might be prosecuted under that's its not possible to list them all here. If on any date you had sex with this child you were 16 years old, or older, and at least two years older than she was at the time, its much more serious, and would be prosecuted as rape in the second degree, a Class B felony. The fact that she enticed you, if that's what she did, is not a defense, and neither is being bipolar and/or not understanding the law, All of that could be true and you'd still be guilty of rape in the second degree. How long you have to worry about this is the rest of your life, because there is no statute of limitations in Alabama for rape under this set of facts. How long between the time its reported and the time they arrest you could vary, depending on how busy the police are in your town, but it won't be long at all. The only advice anyone can give you is to hire the best lawyer you can find and stop posting about it on internet forums. Do not have any further communication with the girl under any circumstances, and speak only to a lawyer about it. Anyone else you discuss it with can be compelled to come into court and testify about what you said, or wrote. Anyone. WARNING: I am not your lawyer and providing you with the generic information, definition, clarification or explanation you seek about a legal matter on this anonymous forum does not make me your lawyer. By answering your question I am only trying to provide you with general information that will deepen your understanding of the legal concept that appears to be an issue for you, that will hopefully guide you in selecting and communicating with a lawyer of your choosing. The reason for all this is that legal problems are intensely fact-driven, and it is impossible to give anyone correct legal advice without comprehensive inquiry by the lawyer into the specific facts of the situation that concerns you, and the law of the jurisdiction in which you reside, and that is impossible to accomplish through this website. Even though I am not your lawyer, if I should later become your lawyer no representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.
Q. An underage (but of the age of consent) sent me a kinda suggestive picture, am I in trouble?
A: No. WARNING: I am not your lawyer and providing you with the generic information, definition, clarification or explanation you seek about a legal matter on this anonymous forum does not make me your lawyer. By answering your question I am only trying to provide you with general information that will deepen your understanding of the legal concept that appears to be an issue for you, that will hopefully guide you in selecting and communicating with a lawyer of your choosing. The reason for all this is that legal problems are intensely fact-driven, and it is impossible to give anyone correct legal advice without comprehensive inquiry by the lawyer into the specific facts of the situation that concerns you, and the law of the jurisdiction in which you reside, and that is impossible to accomplish through this website. Even though I am not your lawyer, if I should later become your lawyer no representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.
Q. Can I kick my spouse out of the house if I'm paying the bills and he isn't? But the house is under his name.
A: No. Not unless you sue him for divorce and win, and probably not even then. There are a lot of moving parts to a marriage, and all we can say with so few details is that the solution you would like is within the realm of possibility. You need to hire a good divorce lawyer and tell him or her everything and get an informed opinion. WARNING: I am not your lawyer and providing you with the generic information, definition, clarification or explanation you seek about a legal matter on this anonymous forum does not make me your lawyer. By answering your question I am only trying to provide you with general information that will deepen your understanding of the legal concept that appears to be an issue for you, that will hopefully guide you in selecting and communicating with a lawyer of your choosing. The reason for all this is that legal problems are intensely fact-driven, and it is impossible to give anyone correct legal advice without comprehensive inquiry by the lawyer into the specific facts of the situation that concerns you, and the law of the jurisdiction in which you reside, and that is impossible to accomplish through this website. Even though I am not your lawyer, if I should later become your lawyer no representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.
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Gulf Shores, AL 36547
USA
Cell: (251) 223-5133