334-794-2889

Criminal Defense Lawyers

Serving Dothan, Alabama and Surrounding Areas

Probate Lawyers

Serving Dothan, Alabama and Surrounding Areas

Personal Injury Lawyers

Dothan, Alabama

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Byrd & Jones, LLC Law Firm
801 W Main St
Dothan, AL


334-794-2889

Email John Byrd, Jr

Email David Jones

Frequently Asked Questions
What is the average timeline for a project?
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If law enforcement seeks to speak me about a criminal offense that they likely believe I was involved in, what should I do?

Please remember that if you are stopped by law enforcement, or asked to speak with law enforcement regarding a potential criminal offense, those words that you say will be used against you. Law enforcement, under such circumstances, are often looking for reasons to arrest you for that which you are being asked about. As such, one should be aware of their right to remain silent in such instances, and exercise that right. There doesn’t seem to be any good reason for offering up evidence of your guilt, or allowing law enforcement to gather potentially damaging information from someone who may be innocent.

 

In all such instances, it makes sense to have a lawyer. That lawyer can make provisions for your release, if you are arrested, and can prepare the ground work for those things necessary to assist you in moving forward from the experience that you had with law enforcement, regardless of your guilt or innocence.

If I am stopped by the police, and consumed alcohol prior to driving my vehicle, should I cooperate and do as they ask?

Obviously, you and the general public are better served by not drinking and driving at all. Further, rides from friends or a taxi cab can save enormous heartache, and even lives.  

 

In spite of this, many people go to bars, weddings, and large events, and will consume some alcohol prior to going home. Unfortunately, most people don’t realize that an average size person doesn’t have to consume more than about 3-4 drinks to meet the 0.08 blood alcohol criteria for a DUI arrest. As a result, everyone should be aware that if they are stopped by law enforcement, they should avoid the temptation of being overly talkative, and provide only that which they are obligated at the time, which is their driver license, vehicle registration and proof of insurance. Remember that what you say can be used against you in a court of law.

 

As a factual matter alone, people driving vehicles are more likely to be stopped by law enforcement on evenings when bars are at their busiest, and when large or special events are taking place. Absent some type of road block, the most effective ways to avoid attention is to pay attention and drive safely, take alternate roads home, and to make sure that all lights and equipment on your vehicle work properly.

 

What most people don’t realize is that they can refuse to take the requested field sobriety tests, and that such tests are the main method that law enforcement use to ultimately place someone under arrest, and have them later submit to a blood alcohol test. In the State of Alabama, the driver impliedly consents to offer a blood alcohol content test in order to have the privilege to drive on the roads in Alabama, and the failure to take such test results in an automatic administrative suspension of your license. Frankly, it should be noted that even though one’s refusal to take the blood alcohol test can lead to an automatic suspension of one’s driver’s licenses, the lack of evidence available at trial could result in you being found not guilty.  

If I am injured in a traffic accident which is not my fault, what should I do?

The obvious first step to take when involved in an automobile accident which is not your fault, and which causes injury to you, is to seek reasonable medical attention. It is important in such matters to that the details of your injuries can be provided from your own testimony, and from the testimony of a medical professional.

 

Additionally, one involved in an accident which causes injury to them should keep a file on the incident which contains pictures of the accident scene, your injuries, a daily diary detailing the time that you experienced pain, any correspondence which you have received from anyone, records of your medical bills, photos of your vehicle’s damage, evidence of your travel expenses incurred going to and from the doctor, and evidence of missed work. This type of information is the hallmark of all personal injury cases, and is necessary to obtain in either resolving a case prior to a lawsuit, or winning acceptable damages in court.

 

The final thing that one should remember who has been in a car accident and been injured, is that you should not speak with anyone except your attorney regarding the accident. It is common for an insurance adjustor to call and ask for a statement regarding what occurred in the accident. That statement can turn into a question and answer session, in which the adjustor is looking for you to provide ways in which they don’t have to cover the accident.

 

Most individuals don’t have the expertise or the desire to obtain, keep and update information on their case, or to effectively deal with insurance adjustors on the issue of damages. Your lawyer will be uniquely qualified to handle such matters, and obtain results you deserve.

What are the typical factors considered by a judge in deciding whether to change custody of a child or children from one party to another?

On many occasions, children of sufficient age who can articulate the reasons why they would rather live with one parent than another can effect a change in custody. On other occasions, improper lifestyle choices (drugs, alcohol, etc.) of a parent with custody can result in a custody change to the other parent. A change in custody should also be strongly considered when there is domestic violence in the home of a custodial parent. Frankly, there can be many reasons a court may consider in changing custody of a child or children, but if that court determines that the change in custody is in the child or children’s best interests, and that the child will transition well, the change is very likely to occur.

 

The problem in many of these cases is providing proof of that which is alleged, and that’s why a legal professional is required. With the help of a lawyer, your case can be presented in the way the court needs to hear it, thus increasing your chances of successfully changing custody.

If, for whatever reason, parties seem likely to divorce, is an attorney’s advice really necessary?

Once a decision is reached that a divorce must be obtained, and there is no turning back, decisions have to be made about one’s life, moving forward. In so doing, one must be able to assess their financial situation, their desires regarding custody of children, their plans for future living arrangements, their social life, moving forward, their ability to pay for future obligations, and what people have a right to, should the divorce be required. In all such instances, it is the attorney that can offer suggestions of how to move forward with one’s life. It only makes sense that during a divorce, parties should refrain from intimate activities with others. Plans have to be made for how one will exist financially, and where they will reside during that time. Obviously, people’s financial situations can differ or vary wildly in families, and will often allow for judges to consider ways in which one party may assist in the care of the other on either a temporary or long term basis. Perhaps most importantly, if parties have minor children, decisions need to be made as to how to move forward with the lives of the children, in a manner that doesn’t cause undue stress in their lives. Often, this can be resolved between the parties, where one person reasonably can say that the other should have the primary custody, and that child support should therefore be paid in accordance to applicable child support guidelines. However, the law is changing somewhat over time to allow for the consideration of co-physical parenting of their children, which can affect the amount of support.

 

In all such instances, the advice of an attorney is critical. Attorneys who are experienced in this area have handled many such cases, have the benefit of obtaining precise information directly from the client, and can either obtain or direct the client to obtain that precise information, allowing the process to effectively move forward.

If a loved one has died, what should be done initially?

When a loved one dies, the first step towards resolving his or her estate is to determine if there is a will. If a will exist, the estate is handled through the probate of that will. If there is no will, the estate is handled by an administration.  

 

In most wills, there is a specific direction that the executor or executrix of the deceased’s estate will not have to make any type of bond, or make any kind of accounting or final settlement to the court, or anyone else. Where there is no will, an administrator will be selected by the court, and have to make a bond, provide an inventory of those things which comprise the estate, make an accounting to the court of all that is received into and paid out of the estate and file for a final settlement of the estate. In either case, regardless of the additional steps required in an administration, the duties of that person serving in that capacity, who generically is considered the personal representative of the estate, will be required to gather up the assets, pay bills, file an estate tax return, and distribute the estate in accordance with either the will or the law. In such instances, it is critical that an attorney be able to provide the necessary assistance to allow the person to move forward without great stress and hardship. Without such assistance, those long months after the passing of a loved can be made even more difficult.  

Client Testimonials

The whole team is great! Excellent management and commitment to the project.

John Doe

Business Owner

The whole team is great! Excellent management and commitment to the project.

John Doe

Business Owner

The whole team is great! Excellent management and commitment to the project.

John Doe

Business Owner

The whole team is great! Excellent management and commitment to the project.

John Doe

Business Owner

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Contact us today! 334-794-2889