Legal Question in Criminal Law in Alabama

Hello.. My son is 18 yrs old and was arrested in Clanton Alabama on Sat 5/11/2013 for minor consumption and possession of drug paraphernalia. I have called numerous times to find out when he will be seen by a judge and Ive been told that its up to the judge when she decides to see him. The laws are decided by the judge. I looked up the Alabama State law and it states any person arrested without a warrant is required by law to be seen by a judge within 48 hrs of arrest. When I questioned the 48 hr statute to the detention officers, the response of one particular officer was as follows; "Naw mam Sorry that stuff only happens on the TV shows, not here in Alabama." Ive also been told by numerous employees at the Chilton County Jail that they cant give me a day or time my son will be seen. It could be up to 3 weeks its all up to the judge. I mentioned each time that my son has Traumatic Brian Injuries in which makes him incapable of making decisions due to extreme short term memory loss. I also stated that he needs to be examined by a Physician. My son is in the process of being eligible for SS disability. All of this info I offered to the Chilton Co Jail has resulted with no help whatsoever. 12 noon today is the first attempted phone call I have received from my son. I am in Arizona and I am having a really difficult time trying to understand how this can be legal. Ive Googled Chilton Co Jail and it seems they are very notorious for holding inmates way beyond the required/reasonable time. I just want to get my son out of that horrible place and back home to his 12 month old son & family..Please help..

Asked on 5/13/13, 4:56 pm

1 Answer from Attorneys

Jennifer Tompkins Stewart Littell Courson and Tompkins LLC

Should have a hearing within 72 hours from arrest. Best idea is hire an attorney to address if not getting proper care and with his special needs. Make these request in writing to jail, sheriff or police department, court, clerks office and district attorneys office were he is arrested.

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Answered on 5/15/13, 5:28 pm

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