Legal Question in DUI Law in Alabama

Police officer fired

If the police officer has been fired can the charges against me be dropped? I was charged with a DUI and have already been in front of a judge. I got differed judication. Just wondering?


Asked on 2/07/09, 6:47 pm

1 Answer from Attorneys

Randal Ford Ford Firm

Re: Police officer fired

No. A "deferred adjudication" generally means something other than a conviction or Youthful Offender.

Did you sign any documents admitting guilt? If so, those documents could be used against you if you fail to follow through with the deferred adjudication plan (which I assume is DUI school, etc.). Some district courts and municipal courts REQUIRE a signed guilty plea BEFORE allowing deferred adjudication to ensure that if you do not follow through with the Court's orders that you will be found guilty (because you already admitted being guilty). If you do "mess up" you have to determine whether the plea or agreement you signed was more than 14 days ago and if it started the time period to appeal to Circuit Court.

The assumption you are going on is that the officer will NOT appear at Court in the future or testify against you. Unless you know first hand why the officer was fired you may not want to risk screwing up and having the Court issue a subpoena for the former officer to appear in Court to testify.

Feel free to email if you have questions or believe you the facts of your case require more explanation. You did not provide sufficient facts to make an accurate determination regarding your specific fact situation (such as the court, county, documents you may have signed, etc.)

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Answered on 2/07/09, 8:30 pm


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