Merrell Law Firm, LLC Hoover Civil Litigation Attorneys | Family Law & Criminal Defense 2026-10-15T13:42:18Z https://www.merrelllawfirm.com/feed/atom/ WordPress On Behalf of Merrell Law Firm, LLC <![CDATA[Can police search your car without consent in Alabama?]]> https://www.merrelllawfirm.com/?p=47972 2026-10-15T13:42:18Z 2026-10-15T13:42:18Z When can police search a car without consent? One common exception is the automobile exception. If officers have probable cause to believe your car contains evidence or contraband, they may search it without a warrant. Police may also search a car after a lawful arrest in some cases. Under Arizona v. Gant, officers may search the passenger area if the arrested person can reach it or if they reasonably believe it contains evidence of the arrest offense. Other exceptions may include a warrant or an inventory search of an impounded vehicle.

What is probable cause?

Probable cause means more than a hunch. Officers need facts that would lead a reasonable person to believe the car contains evidence of a crime. Examples may include:
  • Contraband in plain view
  • Statements or behavior suggesting criminal activity
  • Odor linked to illegal drugs or alcohol
  • Drug paraphernalia
  • Information from a reliable source
  • Other facts observed during the stop
The facts must be considered together. In some cases, the legal effect of cannabis odor may depend on current law and the other facts known to the officer. Alabama law also says that having a medical-cannabis card alone does not create probable cause or reasonable suspicion.

Can you refuse a search?

Yes. If the officer does not already have a legal reason to search, you can politely say that you do not consent. Do not argue or resist if the search still happens. Stay calm and make a mental note of what the officer said and did.

What should you do afterward?

Write down what happened as soon as possible. Note the reason for the stop, whether consent was requested and what the officers found. Keep any ticket, report or court papers. If the search led to charges, a lawyer can review whether the search was lawful and whether the evidence can be challenged.]]> On Behalf of Merrell Law Firm, LLC <![CDATA[Who qualifies for youthful offender status in Alabama?]]> https://www.merrelllawfirm.com/?p=47970 2026-10-14T08:13:09Z 2026-10-14T08:13:09Z Imagine you’re 19 and a criminal charge threatens your plans for school or work, leaving you afraid it could follow you for years. Alabama's youthful offender process may reduce those long-term effects, but approval depends on your age, the offense and the judge's review.

Age and charge requirements for eligibility

Youthful offender status is available to people who were under 21 when the alleged crime happened. Your age on the date of the offense is what counts, not your age at arrest or trial. Under Alabama’s youthful offender law, a judge must review certain cases, including charges that involve moral turpitude. This term covers conduct seen as dishonest or seriously wrong, such as theft or fraud. The same rule applies when the charge carries a possible sentence of one year or longer. For lesser charges, the judge may still review it. You must agree to a court review and, if the case moves forward, a trial before a judge rather than a jury. If the charge alleges intentional serious injury or death, the victim must receive notice, and the judge must hold a hearing about the harm.

Judicial discretion over every request

Meeting these eligibility requirements does not guarantee approval because the judge must evaluate the circumstances surrounding each individual case. A probation officer may investigate your schooling, work history, past arrests and other personal circumstances. Having no prior arrests may help, while a violent charge or repeated trouble can make approval harder. Your background matters, so review your defense options before submitting a request.

Benefits of a youthful offender ruling

If the judge grants youthful offender status, the court handles the case differently and the outcome does not count as a criminal conviction. Benefits can include:
  • Case records generally kept out of public view
  • Civil rights such as voting remain in place
  • Custody capped at three years, even for many felony cases
But the records are not completely private. State prosecutors have access, judges can allow others to see them and a later conviction can bring the earlier ruling back into view.

Early action on a youthful offender request

The ideal time to raise youthful offender status is before entering a plea or going to trial. If you were under 21 when the alleged offense took place, find out what the process requires. Before you agree to give up a jury trial, weigh the potential privacy protections and lower sentence limit against the rights you would lose.]]> On Behalf of Merrell Law Firm, LLC <![CDATA[What to do when a subcontractor files a lien on your Alabama property]]> https://www.merrelllawfirm.com/?p=47962 2026-09-23T19:47:10Z 2026-09-23T19:47:10Z How can a subcontractor file a lien? A general contractor may hire subcontractors or suppliers to provide labor or materials for a project. If an eligible subcontractor or supplier is not paid, Alabama law may allow that party to file a mechanic’s or materialman’s lien if the statute’s requirements are met. Paying the general contractor does not always end a subcontractor’s lien rights. Whether the lien is valid depends on the facts, the type of work or materials provided, and whether the claimant followed the required notice and filing steps. A recorded lien can make it harder to sell or refinance the property until the claim is resolved.

What should you do after receiving notice of a lien?

Start by reading the lien documents carefully. Check the amount claimed, the property description, the claimant’s name and the dates tied to the claim. Alabama lien law has specific requirements and mistakes may give you grounds to challenge the lien. Next, contact the general contractor and ask for records about the disputed work. Gather:
  • Your contract with the general contractor
  • Invoices and payment records
  • Proof of payments already made
  • Change orders and project correspondence
  • Notices from subcontractors or suppliers
  • A copy of the recorded lien
These records can help show what work the contractors completed, what payments you made and whether the claimant filed the lien correctly.

How can you challenge or resolve the lien?

Your options depend on the facts. You may be able to dispute the amount, challenge the lien’s validity or negotiate a resolution with the claimant. In some situations, Alabama law may allow a property owner to post a bond or other security to replace the property as the lien target. This can help clear the title issue while the payment dispute is handled. A construction attorney may be able to review the lien, the contract and the payment records, and explain your options.

Act quickly to protect your property

Construction liens involve deadlines and strict procedures. Waiting too long can make it harder to challenge the claim, or protect your ability to sell or refinance the property. If a subcontractor files a lien against your Alabama property, keep all project and payment records, and have the lien reviewed promptly. Early review can help show whether the claim is valid and what steps may be available to resolve it.]]> On Behalf of Merrell Law Firm, LLC <![CDATA[What counts as joint physical custody in Alabama?]]> https://www.merrelllawfirm.com/?p=47961 2026-09-03T09:14:13Z 2026-09-03T09:14:13Z When you and your co-parent split time with your child, Alabama does not demand a perfect 50/50 calendar. The law asks for something more practical: a schedule that gives your child frequent and substantial time with each of you. That standard protects your child’s routine while keeping both parents actively involved in daily life.

How Alabama defines joint physical custody

Alabama Code § 30-3-151 says joint physical custody means you share physical custody so your child has frequent and substantial contact with each parent. The statute also makes clear that equal time is not required. Joint physical custody focuses on where your child sleeps and spends each day, while joint legal custody covers big decisions like school, health care and religion.

What a joint custody plan must cover

Alabama expects your parenting plan to spell out the details instead of leaving them vague. Your written plan should address these core areas:
  • Education and daily care routines like homework, bedtime and transportation
  • Medical and dental care including who schedules visits and handles emergencies
  • Holidays, school breaks and vacation time so each parent knows their share
  • Child support and how you will handle extras like activities or travel
  • Decision authority when you disagree, so someone can move forward for your child
Courts can set these terms if you cannot agree, but a clear plan you create together usually works best for your child.

A schedule that fits the “frequent and substantial” test

Think about a school-year plan where your child stays with you Sunday through Thursday and spends Friday and Saturday with your co-parent, plus one midweek dinner visit. This gives your child a stable school base with you while guaranteeing regular overnight time and meaningful weekday contact with your co-parent. You can adjust the pattern for holidays, summer break and special events without losing the core rhythm your child relies on.

Your next step toward a workable plan

Use this framework to sketch a calendar that matches your child’s age, your work hours and the distance between homes. Then, review it with a family law attorney to make sure it meets Alabama’s rules and protects your parenting time.]]> On Behalf of Merrell Law Firm, LLC <![CDATA[How to expunge an arrest record in Alabama]]> https://www.merrelllawfirm.com/?p=47960 2026-08-19T10:32:55Z 2026-08-24T05:01:28Z An arrest can show up on a background check even if the case did not end in a conviction. For Alabama residents, an old arrest record may cause problems when applying for a job, renting a home or seeking other opportunities. Fortunately, Alabama law allows people to clear certain criminal records. Learning if your case may qualify and how the process works can help you see what choices you may have.

When can an arrest record be expunged?

Not every arrest qualifies for expungement. Under Alabama law, the answer often depends on how the case ended and what type of charge you faced. For certain misdemeanors, violations and municipal offenses, eligibility may exist when:
  • Having the charge dismissed with prejudice and waiting more than 90 days
  • Being found not guilty and waiting more than 90 days
  • Having the grand jury return a no-bill and waiting more than 90 days
  • Having the charge nolle prossed without conditions and waiting more than 90 days
  • Completing an approved diversion or court program and meeting the required waiting period
Some nonviolent felony charges may also qualify in certain cases. Since each case has its own facts, checking the court record can help show whether you may qualify to file for expungement.

How does the Alabama expungement process work?

Expungement generally involves filing a petition with the criminal division of the circuit court in the county where the prosecution filed the charges. The Alabama courts use Form CR-65 for expungement petitions. Required documents can include a certified arrest or case record and a certified criminal history from the Alabama Law Enforcement Agency. Gathering the correct records can help prevent problems with an incomplete petition. Legal assistance can also help you review eligibility, prepare the required paperwork and address issues that may arise during the court process.

A cleaner record may be possible

An arrest does not always have to stay on your record forever. If your case meets Alabama's legal rules, filing for expungement may help remove the arrest from certain criminal records and limit what appears on some background checks.]]> On Behalf of Merrell Law Firm, LLC <![CDATA[What If someone refuses to sign a contract amendment?]]> https://www.merrelllawfirm.com/?p=47958 2026-08-17T07:28:51Z 2026-08-17T07:28:51Z What is a contract amendment? A contract amendment is a written change to an existing agreement. Instead of replacing the entire contract, it updates specific terms while leaving the rest of the agreement in place. Both parties usually need to agree to the new terms before the amendment becomes effective. Under Alabama law, a valid contract generally depends on mutual agreement. The same principle often applies when changing an existing contract. Knowing whether both parties agreed is important before moving forward. Understanding this requirement helps explain what happens if one party says no.

What happens if someone refuses to sign?

A refusal to sign does not automatically end the original contract. In many situations, the existing agreement remains in effect unless both parties agree to modify it or another legal reason changes the parties' obligations. Depending on the circumstances, you may want to:
  • Continue following the original contract terms.
  • Discuss different amendment language that both parties can accept.
  • Review whether the contract already allows certain changes without a new amendment.
  • Keep written records of all proposed changes and responses.
These steps may help reduce confusion if a dispute develops later.

Why written records matter

Emails, letters and other written communications can help show what each party discussed during amendment negotiations. Under Alabama law, clear documentation often becomes important when questions arise about whether both parties accepted a proposed change. Good records also make it easier to understand each party's responsibilities if disagreements continue.

Moving forward with confidence

A refused contract amendment does not always mean the business relationship must end. In many cases, the original agreement is still in placestill controls until both sides reach a new understanding. Before changing how you carry out your contractual duties, consider seeking guidance from a legal professional. A clear understanding of your rights and obligations can help you make informed decisions and avoid unnecessary disputes.]]> On Behalf of Merrell Law Firm, LLC <![CDATA[Does homeowners insurance cover a burst pipe?]]> https://www.merrelllawfirm.com/?p=47955 2026-07-31T07:15:01Z 2026-07-31T07:15:01Z Standard policies cover sudden water damage Homeowners insurance policies generally cover water damage if the break is sudden and accidental. A frozen pipe that bursts during an unexpected freeze or a sudden pressure rupture usually qualifies for coverage. Standard home insurance coverage limits for water damage claims depend on your specific dwelling policy terms. Insurers treat gradual issues differently. Coverage drops if the carrier determines the break resulted from:
  • Long-term wear and tear
  • Neglected maintenance
  • Unaddressed minor drips
Insurance adjusters inspect the broken section closely. They look for corrosion or age to argue the damage built up over time.

Actions to take immediately after a pipe bursts

Your actions right after the spill affect your claim. Insurance contracts require policyholders to stop further damage quickly. Take these steps straight away:
  • Turn off the main water valve.
  • Document the damage with photos and video.
  • Contact a licensed plumber for emergency repairs.
Save every receipt from emergency repairs. Your insurer needs proof that you took reasonable steps to limit further water spread.

When an insurer denies your water claim

Insurers sometimes deny valid burst pipe claims by calling the event a maintenance issue. They may offer a settlement that fails to cover actual restoration costs. When an insurer acts in bad faith or misinterprets your policy terms, you do not have to accept their initial decision. A denied insurance claim creates unnecessary strain when you need repairs fast. Reviewing your policy language with a team that understands homeowner rights helps you challenge improper denials and secure the compensation you deserve.]]> On Behalf of Merrell Law Firm, LLC <![CDATA[Back-to-school co-parenting mistakes to avoid]]> https://www.merrelllawfirm.com/?p=47954 2026-07-24T23:04:51Z 2026-07-24T23:04:51Z The start of a new school year brings excitement, fresh opportunities and a long list of responsibilities. For co-parents, it may also mean new scheduling challenges from coordinating school pick-ups to deciding who attends parent-teacher conferences. Successful co-parenting often requires more communication and planning during the school year than any other time of the year. No co-parenting relationship is perfect, but by avoiding common mistakes you can help reduce conflict and create a more stable environment for your child.

1. Failing to review the parenting plan before school starts

Whether this is your first school year since your separation or you’ve been co-parenting for a few years, the start of a new school year often changes daily routines. Before school begins, you and your co-parent should review the parenting plan together and consider questions such as:
  • Who is responsible for drop-offs and pick-ups?
  • How will transportation be handled if your child participates in after-school activities?
  • What happens if school is canceled due to inclement weather?
If your current arrangement no longer reflects your family needs, you may need to petition the court for a custody modification.

2. Creating different rules for each household

While your households don’t need to be identical, it’s essential to remember that children generally benefit from consistency. Co-parents should agree on areas involving:
  • Homework
  • Bedtimes
  • Screen time
  • Attendance
  • Morning routines
Having the same expectations across households can reduce confusion and help children adjust more easily.

3. Ignoring school communications

Both parents have a responsibility to stay informed about their child’s education. This means keeping track of school calendars, homework expectations, behavioral concerns and extracurricular schedules. Many school districts allow both parents to receive electronic communications from the school. Staying informed allows both parents to stay involved in their child’s education. Most back-to-school issues can be resolved through communication and cooperation. However, some disagreements are more serious. You may need to speak with a legal professional if you and your co-parent can’t agree on issues such as school choice, parenting schedules or other problems involving custody or decision-making authority.  ]]> On Behalf of Merrell Law Firm, LLC <![CDATA[How might theft charges affect your future?]]> https://www.merrelllawfirm.com/?p=47952 2026-07-21T23:30:36Z 2026-07-21T23:30:36Z beyond the court-imposed sentence.

Severity of charge may matter

A theft charge involves accusations of you taking someone else’s property or services without permission and with the intent of depriving the owner of what you took. This can be in the form of shoplifting, employee theft, credit card misuse, fraud or several other circumstances. Some theft charges are misdemeanors, but others are felonies. Typically, felony theft charges will have more profound effects on your future. One of the primary ways either type of charge will affect you is that you’ll have to go to court, which could mean having to take time off work. Another significant effect of these charges is that you may not be able to continue with your present employment, and it may be difficult to find future employment, particularly if you’re convicted. Many jobs require that they can trust you with goods, money, proprietary information, customer information or other company property. Those employers may not be willing to take a chance to have someone accused or convicted of theft working for the company. It may be possible to mitigate the effects of the theft charges by working on your defense strategy as proactively as possible. Working with a legal professional who can help you to determine what defense options might be suitable for your case may be beneficial, given all that is at stake – potentially including your present and future employment.  ]]> On Behalf of Merrell Law Firm, LLC <![CDATA[Which co-parent chooses a child’s school this fall?]]> https://www.merrelllawfirm.com/?p=47951 2026-07-01T13:03:38Z 2026-07-01T13:03:38Z You and your spouse got a divorce last year. This is the first summer where you have been operating as coparents, exchanging physical custody. So far, things have gone smoothly, but you are afraid that potential complications may loom in the future. Your child is going to be enrolled in school for the first time this fall. Do you or your ex get to choose the school? What if you do not agree on which school the child should attend?

Your legal custody rights

The answer is different from one case to the next, but it just depends on who has legal custody rights. Both you and your spouse may have shared physical custody rights, and you have been making custody exchanges as you coparent over the summer, but legal custody rights could be divided differently. For example, if you are the only one with legal custody rights, then you can simply choose the school without involving your ex-spouse. But if you both share legal custody rights, the same way that you share physical custody rights, then the two of you have to work together and select a school. Education is just one example. Legal custody rights often govern important decisions, perhaps relating to education, religion or healthcare. When these rights are shared, you and your former spouse have to work together.

How do you resolve a dispute?

Naturally, disputes do arise. Both of you may be set on different schools, and this can sometimes lead to significant custody disputes that wind up in litigation. Be sure you understand all of your legal rights as you move through this process.  ]]>