Legal Question in Criminal Law in Alabama

Re: Alabama Statute

The Alabama Rules of Professional Conduct prohibit attorneys from using the threat of criminal prosecution to gain an advantage in a civil dispute. If an attorney has sent you a letter asking for money in exchange for dropping the charges, I would suggest that you take it to your attorney immediately to show him or her what is going on. If you do not have an attorney, get one immediately. You are facing the possibility of a criminal conviction and even possibly jail time for the harassment charge, and it appears you may be taken back to court for a modification of your divorce. Do not just sit back and watch your rights get trampled. Take action to fight to protect yourself.

If your divorce is already settled, it is difficult for your wife to reopen the case. It sounds like she is using the criminal prosecution as a way to get from you something that a judge would not give her in divorce court. It is very unlikely that a judge is going to give her the things she is requesting if she files a divorce modification, because the judge has already entered a final order in the case. I would need more details to give you a definite answer on what a judge would or would not modify, but issues related to property settlements are generally final. Divorce modifications usually relate to child custody or child support. If she is trying to get more alimony, truck payments, or insurance money, a judge will probably deny her claim.

Our firm handles criminal defense as well as family law cases. If we can be of any assistance, please give us a call or send us an email. Good luck to you.