Frequently Asked Questions

Generally, the Office uses the employment registers established by the Alabama Personnel Department.  For more information, please refer to their website at www.personnel.alabama.gov or you may contact our Human Resources Section at (334) 242-7305.

Each summer, the Office utilizes the services of law clerks in every legal division.  We accept both second-year and third-year law school students.  For further information, contact the Office of the Chief Deputy Attorney General at (334) 353-4708.

The Office regularly offers internships to undergraduates.  For additional information, please contact our Human Resources Section at (334) 242-7305.

Article 3B of Title 41, Code of Alabama addresses the disclosure statement which is required to be completed and filed with all proposals, bids, contracts, or grant proposals to the state of Alabama in excess of $5,000.   The disclosure statement and instructions can be found by clicking this link

Non-governmental organizations are prohibited from using space in many of the capital complex buildings, including the Office of the Attorney General to solicit insurance information, fundraising events, or to sale merchandise or services.

Yes, cruelty to animals is prohibited by law in Alabama. Source:  ALA. CODE § 13A-11-14 (1975) as amended by Act 2010-550. 

Cruelty to animals is a Class B misdemeanor and on the first conviction of a violation of this section shall be punished by a fine of not more than three thousand dollars ($3,000) or imprisonment in the county jail for not more than six months, or both fine and imprisonment; on a second conviction of a violation of this section, shall be punished by a fine of not less than five hundred dollars ($500) nor more than three thousand dollars ($3,000) or imprisonment in the county jail for not more than six months, or both fine and imprisonment; and on a third or subsequent conviction of a violation of this section, shall be punished by a fine of not less than one thousand dollars ($1,000) nor more than three thousand dollars ($3,000) or imprisonment in the county jail for not more than six months, or both fine and imprisonment.
Source:  ALA. CODE § 13A-11-14 (1975) as amended by Act 2010-550.

Yes, torture and cruelty to domestic dogs or cats are prohibited by law in Alabama.  Source:  ALA. CODE § 13A-11-240 et seq. (1975).

The penalties for torture of a domestic dog or cat are provided for under ALA. CODE §13A-11-241(a) & (b) (1975):

 (a) A person commits the crime of cruelty to a dog or cat in the first degree if he or she intentionally tortures any dog or cat or skins a domestic dog or cat or offers for sale or exchange or offers to buy or exchange the fur, hide, or pelt of a domestic dog or cat. Cruelty to a dog or cat in the first degree is a Class C felony. A conviction for a felony pursuant to this section shall not be considered a felony for purposes of the Habitual Felony Offender Act, Section 13A-5-9 to 13A-5-10.1, inclusive.

(b) A person commits the crime of cruelty to a dog or cat in the second degree if he or she, in a cruel manner, overloads, overdrives, deprives of necessary sustenance or shelter, unnecessarily or cruelly beats, injuries, mutilates, or causes the same to be done. Cruelty to a dog or cat in the second degree is a Class A misdemeanor.

(Act 2000-615, p. 1252, §2.)

Yes, professional boxing and amateur and professional mixed martial arts are regulated in Alabama by the Alabama Athletic Commission.  Source: ALA.CODE §41-9-1020 et seq. (1975).

Alabama Athletic Commission
260 Commerce Street
4^th Floor
Montgomery, AL  36104
(334) 245-4374

Yes.  In Act 2009-622 the Commission was first called the Alabama Boxing (and Mixed Martial Arts) Commission. The name was changed to the Alabama Athletic Commission by Act 2010-222.

After a defendant is convicted of capital murder and sentenced to death, the appeal process begins.  In Alabama, the capital appeal process consists of three stages of review.  The Capital Litigation Division represents the State of Alabama and the victim’s interests throughout the appellate process before these courts.  In the first stage, called the direct appeal, a capital defendant who has been sentenced to death automatically has an appeal to the Alabama Court of Criminal Appeals, the Alabama Supreme Court, and the United States Supreme Court.  In the second stage, called the state post-conviction appeal, the case returns to the circuit court where the original trial was held for a review of issues not appealable in a direct appeal.  The trial court’s decision can then be appealed to the Alabama Court of Criminal Appeals, to the Alabama Supreme Court, and to the United States Supreme Court.  In the third stage, called the federal court stage, a capital defendant filed a federal habeas corpus petition in the United States District Court.  Once that court reaches a decision, the case is appealed to the Eleventh Circuit Court of Appeals and the United States Supreme Court. 

 The number of Alabama Inmates Currently on Death Row can be found at the following locations http://www.doc.state.al.us/deathrow.asp

The average length of time on death row for the capital defendants who have been executed since 1976 is approximately 15 years and 5 months.

Alabama’s Death Penalty Appeals Process

We are not.  Notices of constitutional challenges should be sent to the Executive Division, Alabama Attorney General’s Office, 501 Washington Avenue, P.O. Box 300152, Montgomery, Alabama 36130-0152.

The attorneys in the Division are assigned by the Attorney General to represent the State of Alabama, its agencies, and its officials in specific, complex litigation.  They do not provide general legal advice to the public.  You should also be aware that the Attorney General’s Office represents the State in all criminal appeals and some criminal trials.  Accordingly, you will need to retain a private attorney to represent your interests.

To obtain an attorney or legal aid referral, you may contact the Alabama State Bar Lawyer Referral Service at http://www.alabar.org/lrs or by calling 1-800-392-5660.

If you are a member of a county board of registrars (and thus charged with evaluating whether someone meets the State’s qualifications to vote), please call the Secretary of State’s legal office.  If you are a member of the general public, you will need to consult a private attorney.

Our division would be available to consult with you.  Please call 334-242-7432 for assistance.

To ensure order and uniformity, all requests for legal opinions from the Attorney General are coordinated by the Opinions Division.  You should direct your questions there, even if they involve matters of constitutional law.

Yes, our division would be available to talk to you, and we have both a memorandum on how to make a submission and sample submissions which we can offer.  Please call 334-242-7432 for assistance.

Yes. You can find general tips on our Consumer Protection homepage.  If you have specific questions you can call our toll-free Consumer Protection
hotline at 1-800-392-5658.

You can detect fraudulent activity by thoroughly reviewing your credit reports.  If you suspect fraud, you can place a “fraud alert” on your credit account(s) by calling all three credit reporting agencies:

Equifax – 1-800-685-1111
Experian – 1-888-397-3742
TransUnion – 1-800-916-8800

You can obtain a free copy of your credit report by visiting www.annualcreditreport.com or by calling 1-877-322-8228.  This is a federal government sponsored website.

There are many things you need to consider when hiring a contractor such as experience, references, and licensing.  To learn more tips on hiring a contractor, please see the Attorney General’s brochure: Verify the Contractor.

No. International lotteries and sweepstakes are scams.  In fact, it is illegal for you to participate in a foreign lottery.  The checks or money orders you receive in the mail are most likely fraudulent.  Do not cash these checks or money orders.  You, not the scam artists, will be responsible for paying the bank back for the amount of the check and any fees incurred.  For more information on these types of scams, visit the website: http://www.consumer.ftc.gov/articles/0086-international-lottery-scams or see the Attorney General’s Check Fraud Brochure.

No. Never give your personal information to someone who contacts you out of the blue offering you a free government grant. If you give this person your personal information, the person may use it to steal your identity. Do not pay a person any fee for a grant. Grants are free; they do not require you to pay a fee to receive them.

No. If you are asked to mail, wire, or otherwise send in any prepaid fee, you will likely never receive a loan. For more information on these types of scams, go to http://www.ftc.gov/bcp/edu/pubs/consumer/telemarketing/tel16.shtm.

No. These deals are inevitably scams. By the time your bank returns the check or money order as fraudulent, you will already have wired the money to the scam artist. You will have to repay the bank for this money, and the money you wired will likely be picked up in another country and will never be recovered.

No. These companies will tell you that they can simply erase your debt by sending the right type of letter, and they will charge you a high fee to do it. These strategies do not work, and you may end up in a worse position than when you started. If you are having trouble paying your debts, you may want to use a credit counseling service. You should be careful when choosing such a service. For tips on choosing credit counselors, go to http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre13.shtm.

You should contact the Alabama Department of Insurance at 334-269-3550 or visit their website at http://www.aldoi.gov/Consumers/FileComplaint.aspx

You should contact the Alabama Real Estate Commission at 334-242-5544 or visit their website at http://www.arec.state.al.us.

You should contact the Alabama Banking Department at 334-242-3452 or visit their website at http://www.banking.alabama.gov.

All complaints must be in writing.  Consumers can file a complaint online by clicking the following link, Online Consumer Complaint.  You can also call the Consumer Protection Hotline at 1-800-392-5658 to request a complaint form be mailed to you.

The mediation offered by the Consumer Protection Section is not legally binding. If we cannot reach a satisfactory resolution, then you should seek legal advice from a private attorney.

No. The Attorney General cannot serve as a private attorney for an individual or provide consumers with legal advice.

Although the Attorney General cannot initiate a lawsuit on your behalf, if circumstances warrant, the Attorney General can initiate legal action, either civil or criminal, to represent the interests of the State of Alabama and to enforce various laws designed to protect consumers. When such action is taken, the Attorney General is authorized to seek restitution for the affected consumers as well as injunctive relief and applicable civil and criminal penalties.

Yes. The Consumer Protection Section provides valuable educational information for the detection and prevention of all types of consumer fraud. Consumer Specialists are available for educational talks and booth displays. For more information call 1-800-392-5658.

You should always contact your provider first to resolve any problems. However, if you are unable to resolve the problem yourself, one of our Consumer Specialists may
be able to assist you. You can file a complaint online by clicking the following link: Online Consumer Complaint. You can also call 1-800-392-5658 to have a complaint form mailed to you.

This is a fake check and you, not the scammer, will be responsible for repayment of the funds if you cash the check.  For more information on these and other types of fake check scams visit www.fakechecks.org and www.ftc.gov. 

You should check to see if your contractor is licensed.  Every contractor should have a business license in the city or county where he/she is currently working.  Contractors that contract for jobs of $10,000 or more are required to have State contractor’s licenses through the Home Builders Licensure Board of Alabama.  You can contact the Alabama Home Builders Licensure Board by calling 1-800-304-0853 or at http://www.hblb.alabama.gov. 

You can contact the Home Builders Licensure Board at 1-800-304-0853 or by visiting them at http://www.hblb.alabama.gov, or you can contact the Better Business Bureau at 1-800-824-5274 or at www.bbb.org.  You can also contact our office at 1-800-392-5658. You should always ask for a contractor’s references beforehand.

No. Only contractors that contract for jobs of $10,000 or more are required to be licensed.  To verify State license, contact the Alabama Home Builders Licensure
Board by calling 1-800-304-0853 or by visiting their website at www.hblb.state.al.us.

You can register your number with the national Do Not Call registry by calling 1-888-382-1222 or by going to www.donotcall.gov.  Registration is free.

No.  Once you purchase a vehicle you cannot return it to the dealer simply because you have changed your mind, unless your purchase contract specifically allows for such returns. 

The Alabama Lemon Law only applies to new vehicles.  Section 8-20A-2 of the Code of Alabama gives consumers a period of 24 months or 24,000 miles after purchasing a new vehicle to notify the dealer or manufacturer of the non-conforming condition. The dealer is then obligated to make the necessary repairs to your vehicle.  If you buy a vehicle used or “as is” then the Alabama Lemon Law does not apply to your vehicle.  

Never enter your personal information or bank or credit card information on a website that is not secure and that you are not familiar with.  Never respond to pop ups and junk emails.

Generally, you do not have a right to cancel contracts or purchase agreements. Federal law does provide for grace periods in certain limited circumstances. For instance, under federal law, you may have a three-day recission period on home equity loans. To learn more about this right, go to http://www.ftc.gov/bcp/edu/pubs/consumer/alerts/alt037.shtm. Federal law also provides for a three-day cooling off period for sales of $25 or more made at your home or at a place that is not the business's permanent place of business. To learn more about this right, go to http://www.ftc.gov/bcp/edu/pubs/consumer/products/pro03.shtm.

No. When a vehicle is purchased "as is," it means the seller is not liable for anything that is wrong with it. Alabama's Lemon Law does not apply to used cars.

Generally, yes. For pre-need contracts written on or after May 1, 2002, unless the pre-need contract is funded by a life insurance policy, the funds must be placed in trust. The pre-need laws are enforced by the Alabama Department of Insurance. A copy of the law is available at http://www.legislature.state.al.us/CodeOfAlabama/1975/154055.htm. You may also contact the Alabama Department of Insurance at 334-269-3550.

The State of Alabama does not regulate cable television providers. You may want to contact your local municipality and county to find out if they have any regulatory requirements for cable television providers.

No. Your ability to return the product is dependent on the store's return/refund policy.

Yes. Landlord actions as well as tenant actions are governed by The Alabama Uniform Residential Landlord and Tenant Act.  See: ALA.CODE §35-9A-101 et seq. (1975).  For
general landlord/tenant questions, contact our Consumer Protection hotline 1-800-392-5658 to speak with a Consumer Specialist.

No.  State attorneys are not allowed by law to represent private individuals. 

A defendant has forty-two days from sentencing to appeal. 

Yes, under limited circumstances, the State can appeal the dismissal of a criminal charge.

Between six and eight months depending on the complexity of the case. 

The length of time depends on a number of factors, including the complexity of the crime being investigated, the current caseload, and the kinds of evidence involved.

A person who has information that a public official or employee has committed a crime should contact either the Public Corruption, or Criminal Trials, or Investigations Division of the Alabama Attorney General’s Office.  A person making a complaint should provide any facts he or she has supporting the complaint.  Please note the status of any investigation is confidential and will not be disclosed to a person making a complaint.

Normal protocol at the Office of the Attorney General is to submit your request in writing to the Attorney General providing any and all details of the situation and circumstances of the violent crime.  The request should also include the reason(s) for which you wish for the Attorney General to assume the case and why you believe the local authorities and/or District Attorney have not preformed a satisfactory job investigating or prosecuting the case.

No.  However, please refer to the previous question and answer, each and every matter for consideration by the Attorney General must be submitted in writing.

If the person you believe is being abused is living in their own home or the home of relatives or friends call the Department of Human Resources Adult Protective Services. Telephone: 1-800-458-7214 or 334-242-1350                                                                                              

If the person you believe is being abused is living in a nursing home, call the Alabama Department of Public Health. Telephone: 1-800-356-9596 or 334-206-5366                                              

If the person you believe is being abused is living in an assisted living facility, call the Alabama Department of Public Health. Telephone: 1-866-873-0366, 1-800-356-9596, or 334-206-5575.

Yes.

Each political party or organization can appoint someone to monitor the voting process, who may be at the polling place during all voting hours and remain afterward to watch the counting of ballots.

No. They cannot suggest how people should vote or campaign in anyway. They cannot wear any button, ribbon, or other article bearing a candidate’s name.

Yes. A citizen who is at the polls to vote or assist someone in voting can wear a button, ribbon, or other such article.

In addition to poll watchers, only voters, people who are assisting voters, election officials, sheriffs, and deputies are allowed inside the polling place.

They must stand outside, at least 30 feet away from the door of the polling place.

Anyone can help a voter who wants assistance, except that voter’s employer or an agent of the employer, or an officer or agent of the voter’s union. The voter does not have to give any reason for requesting assistance, nor to take any oath. The voter names the person to assist, and both must sign the poll list.

No. General news coverage of candidates and public officials voting and of crowds at the polling place is allowed, but the U.S. Department of Justice has expressed a concern that other videotaping may intimidate voters and it is not allowed.

The sheriff, probate judge, and circuit court clerk are the officials responsible for conducting and supervising the elections process in each county.

For information regarding voting and elections in Alabama, contact the Election Section of the Alabama Secretary of State’s Office by calling 1-800-274-VOTE (8683) or by visiting their website at www.sos.alabama.gov.

By calling the Alabama Secretary of State’s Office at 1-800-274-VOTE (8683) or visiting www.StopVoterFraudNow.com.

Bingo is legal in Alabama in a number of counties that have adopted a constitutional amendment authorizing bingo for charitable purposes to be conducted by the charity itself and, in general, this is overseen by the Sheriff of each County or the Chief of Police of a city such as Jasper that has an independent constitutional amendment authorizing Bingo.

1. Greene / 743
2. Jefferson / 386
3. Limestone / 692
4. Lowndes / 674
5. Macon / 744
6. Madison / 387
7. Montgomery / 413
8. Mobile / 440
9. Etowah / 506
10. Calhoun / 508
11. St.Clair / 542
12. Walker / 549
13. City of Jasper / 550
14. Covington / 565
15. Houston / 569
16. Morgan / 599
17. Russell / 612

First try calling the Alabama Department of Rehabilitative Services' ADA Hotline, 1-800-205-9986, to see if they may help you. Otherwise, you may consult a private attorney. If you do not have an attorney or need help finding one, you may try the Alabama Bar Association Lawyer Referral Service (www.alabar.org) at 1-800-392-5660 or (334) 269-1515; P. O. Box 671, Montgomery, AL 36101, or e-mail to: lrs@alabar.org.

You should contact the agency and request a form.  If the agency does not have a form, you may make your request in writing, in person, or over the telephone, or via e-mail.

Police reports and arrest records except for confidential information or information that is part of an on-going investigation would be public record. For example, a victim's name and address or the name of a minor who has been arrested would be blocked out and could not be viewed on the police report or arrest record.

19 years of age for unmarried persons (Code of Alabama §26-1-1) or 18 years of age for married persons and widows or widowers (Code of Alabama §30-4-15 & 16).

Yes. If you have consent of at least one of the parties that is being taped. (Code of Alabama §13A-11-30)

Examiners of Public Accounts, Legal Division. Phone number 334-242-2997.

Within the corporate limits of the municipality and not within the police jurisdiction of the municipality.

Section 32-5A-171

Maximum limits. Except when a special hazard exists that requires lower speed for compliance with Section 32-5A-170, the limits hereinafter specified or established as hereinafter authorized shall be maximum lawful speeds, and no person shall drive a vehicle at a speed in excess of the maximum limits.

(1) No person shall operate a vehicle in excess of 30 miles per hour in any urban district.

(2)a. No person shall operate a motor vehicle in excess of 35 miles per hour on any unpaved road. For purposes of this chapter the term "unpaved road" shall mean any highway under the jurisdiction of any county, the surface of which consists of natural earth, mixed soil, stabilized soil, aggregate, crushed sea shells, or similar materials without the use of asphalt, cement, or similar binders.

b. No person shall operate a motor vehicle on any county-maintained paved road in an unincorporated area of the state at a speed in excess of 45 miles per hour unless a different maximum speed is established under authority granted in subdivision (6) or as provided in subdivision (7) subject to the maximum rate of speed provided in subdivision (3).

(3) No person shall operate a motor vehicle on the highways in this state, other than interstate highways or highways having four or more traffic lanes, at a speed in excess of 55 miles per hour at any time unless a different maximum rate of speed is authorized by the Governor under authority granted in subdivision (6) or as provided in subdivision (7).

(4) No person shall operate a motor vehicle, on an interstate highway within the State of Alabama, at a speed in excess of 70 miles per hour or on any other highway having four or more traffic lanes at a speed in excess of 65 miles per hour, unless a different maximum rate of speed is authorized by the Governor under authority granted in subdivision (6) or as provided in subdivision (7).

(5) Notwithstanding any provisions of this section to the contrary, no person shall operate a passenger vehicle, motor truck, or passenger bus which carries or transports explosives or flammable liquids, as defined in Section 32-1-1.1, or hazardous wastes, as defined in Section 22-30-3(5), in this state unless the vehicle, truck, or bus prominently displays a current decal, plate, or placard which is required by the rules or regulations of the DOT or the PSC which indicates or warns that the vehicle, truck, or bus is carrying or transporting the substances. No person shall operate the vehicle, truck, or bus at a rate of speed greater than 55 miles per hour at any time unless a different maximum rate of speed is authorized by the Governor under authority granted in subdivision (6) or as provided in subdivision (7).

(6) The Governor may prescribe the maximum rate of speed whenever a different rate of speed is required by federal law in order for Alabama to receive federal funds for highway maintenance and construction.

(7) The maximum speed limits set forth in this section may be altered as authorized in Sections 32-5A-172 and 32-5A-173.

(8) A law enforcement officer or a peace officer of any incorporated municipality or town which has less than 19,000 inhabitants according to the most recent federal decennial census shall not enforce this section on any interstate highway.

(9) Any speed limit set pursuant to this section shall be enforced by any municipality or any law enforcement officer of a municipality only within the corporate limits of the municipality and not within the police jurisdiction of the municipality.

(Acts 1980, No. 80-434, p. 604, §8-102; Acts 1987, No. 87-408, p. 593; Acts 1994, No. 94-617, p. 1147, §1; Acts 1996, No. 96-577, p. 913, §1.) 

Yes. (Code of Alabama §13A-5-13)

No. (Code of Alabama §13A-12-20, Article IV § 65, Const. of Ala 1901)

Before your function can be considered for the Attorney General's calendar, a Briefing Form must be completed.  Please click here for the form and instructions on how to submit a request.

Yes, under certain circumstances.  Source:  ALA. CODE § 26-13-1 et seq. (1975) 

There are some restrictions and requirements, including a waiver that must be signed by the current employee or the prospective employee.  Employers may be able to purchase a background check on current employees and prospective employees for a fee in addition to an annual subscription fee. For more information contact:

Alabama Criminal Justice Information Center (ACJIC)
Telephone:  866-740-4762 or 334-517-2470
E-mail: background@alacop.gov

Alabama Criminal Justice Information Center
Attn: Alabama Background Check System
201 South Union Street. Suite 300
Montgomery, Alabama 36130 

You may obtain birth and death certificates through your county health department or the Alabama Department of Public Health.  Certificates may be ordered through the Alabama Department of Public Health by mail or by e-mail at their website http://www.adph.org/vitalrecords: 

Alabama Vital Records
P. O. Box 5625
Montgomery, Alabama 36103-5625
Telephone:  334-206-5418
Website:  http://www.adph.org/vitalrecords

You may file a complaint about a cemetery in Alabama with the Alabama Attorney General’s Office, Consumer Protection Section.  Complaints may be completed online, or you can request a consumer complaint form by calling the Attorney General’s Consumer Protection Section at 1-800-392-5658.   If the complaint or question is concerning preneed contracts see ALA. CODE § 27-17A-1 et. Seq. (1975), and contact the Alabama Insurance Department, Consumer Services Division.  

Any person may call the Department of Human Resources help line to file a telephonic complaint.
Alabama Department of Human Resources
50 North Ripley Street
Montgomery, Alabama 36130
Telephone: 1-888-658-6585 or 334-353-1851
http://www.dhr.alabama.gov 

“Eavesdrop.  To overhear, record, amplify or transmit any part of the private communication of others without the consent of at least one of the persons engaged in the communication, except as otherwise provided by law.”  Source:  ALA. CODE § 13A-11-30 et seq. (1975).

Yes, Alabama law requires that each dealer engaged in purchasing precious items for the purpose of reselling them shall purchase a state license and a county license for each county where he or she conducts business. Source:  ALA. CODE § 8-34-1 et seq. (1975).

A:  Yes, with some exemptions.  The Alabama Security Regulatory Board was created by Act 2009-640 with an effective date of May 21, 2009. Source: ALA. CODE § 34-27C-1 et seq. (Act 2009-640)  For more information contact:

Alabama Security Regulatory Board
610 S. McDonough St.
Montgomery, Alabama 36104
Telephone:  334-269-9990

The Civil Division represents the state and/or state employees for actions taken as part of their employment.

The State employees covered by the State’s General Liability Trust Fund (GLTF), which is a division of the Department of Finance, are our most numerous clients.

The lawyers in the Civil Division of the Attorney General’s Office represent boards, agencies, and commissions in licensing hearings, personnel hearings, and court cases.

Yes. Under Alabama Code Section 13A-11-85, Alabama will recognize any valid out of state permit. To find out more about gun reciprocity law, click here.

In Alabama, a person may apply for a concealed handgun permit to the Sheriff of the county in which they reside.  Source:ALA. CODE § 13A-11-75 (1975)

Please visit the Firearms and Weapons Information page on our website.

All agents/investigators must meet the qualifications as noted by the State Personnel Department. A copy of such qualifications can be found at www.personnel.alabama.gov. In addition, all investigators are Alabama Police Officer Standards and Training Commission (APOSTC) certified peace officers. 

The Investigations Division responds  to numerous criminal violations  throughout the State of Alabama.  The division also responds, as needed, to special events and natural disasters.  For example, during Hurricane Katrina and the 2011 tornado disaster, the division provided resources on the ground to address consumer fraud, price gouging and other victim exploitation schemes. 

Rules 3 and 4 of the Alabama Rules of Criminal Procedure explain the legal procedures for making arrests in the state. 

The Division cannot open investigations without first establishing reasonable suspicion to believe that a crime may have been committed.  Complaints are received from a variety of sources, including, among others, citizen letters, e-mails and telephone calls; referrals from other agencies; and independent sources. If the complaint is not based upon specific facts but is merely broad conjecture of a specific crime, or has already been adjudicated in civil or criminal court, or is an on-going investigation being conducted by another state or local law enforcement agency, it is unlikely that an investigation will be authorized. 

As a part of the Attorney General’s Office, the Investigations Division cannot give legal advice. 

In order to conduct an investigation professionally and fairly, the Investigations Division cannot make any public comment on ongoing investigations. 

Under a grant from the U.S. Department of Justice, the division conducts investigations of unsolved rapes and homicides.  These investigations are conducted in conjunction with the Alabama Department of Forensic Sciences and usually contain some DNA evidence which could potentially identify the perpetrators of the crime and bring justice to its victim(s).

Yes. (Code of Alabama §12-16-8). See also AG Opinions 86-00276 and 80-00269.

No. AG Opinions 92-00182 and 90-00190 have held that the expense allowance and mileage are not compensation and, as such, are not deductible from a juror's usual compensation.

18 years of age. (Code of Alabama §30-1-5)

6 months. (Code of Alabama §30-2-5)

Alabama is a common law state.

Yes.  “A valid common-law marriage exists in Alabama when there is capacity to enter into a marriage, present agreement of consent to be husband and wife, public recognition of the existence of the marriage, and consummation.”  Waller v. Waller, 567 So.2d 869 (Ala.Civ.App. 1990). See also, Hudson v. Hudson, 404 So.2d 82
(Ala.Civ.App. 1981), and Attorney General’s Opinion 1992-041.

Yes, the marriage or widowhood/widowerhood of any man or woman in Alabama between the ages of 18 and 19 or the arrival at the age of 18 of any married woman/man or widow/widower allows them to be recognized as an adult.  Source:  ALA. CODE § 30-4-15 (1975) and ALA. CODE § 30-4-16 (1975)

The division is also responsible for investigating allegations of abuse, neglect and financial exploitation of residents of long-term care facilities that receive Medicaid funding.  You may contact the Medicaid Fraud Unit at (334) 353-8793. 

No. Fraud committed by recipients of Medicaid services is investigated by the Medicaid Agency and should be reported to the Medicaid Agency by calling 1-866-452-4930. 

Medicare fraud is investigated by the Office of Inspector General for the U.S. Dept. of Health and Human Services. You may reach their Birmingham office by calling (205) 731-0376.

Section 36-15-1 of the Code of Alabama imposes certain enumerated duties on the Attorney General. These include giving his opinion, in writing, on questions of law connected with the interests of the state and state departments and to certain enumerated local, county, and municipal officials and bodies.

Any officer, governing body, department or agency of the state, a county, or municipality; the Chairman of the Judiciary Committee (“Committee”) of either House; and legislators, if there is a perceived legislative duty.

Opinion requests should be submitted in writing. If the opinion request is submitted by a board or governing body, a resolution from the board or governing body should also be included setting forth the facts showing the nature and character of the question that makes the advice sought necessary to the present performance of some official act that the officer must immediately perform.

Opinions of the Attorney General are advisory in nature and not binding. They are, however, entitled to great weight and may constitute persuasive authority. The written opinion of the Attorney General secured by any officer, board, local governing body, or agency protects the officer and members of the board or agency from liability to either the state, county, or other municipal subdivisions of the state because of any official act or acts performed as directed or advised in such opinion.

The Attorney General does not issue opinions in the following circumstances:

• When the issues are currently in litigation
• When the questions are moot (actions have already been taken)
• Private or personal questions in which the state, county, or public is not materially or primarily interested
• The constitutionality of statues or ordinances
• Validity of municipal ordinances
• Validity of rules of state agencies when the rules have been adopted
• Questions of federal law

Opinions are available online at our opinions search page, or copies of opinions are distributed at no charge upon request to the office. Please see the Search box at the top of the page for the option to Search the AG Opinions data base. 

In recent years, the practice of law in the nation’s appellate courts has become increasingly specialized.  In light of the State’s frequent participation in matters pending at the U.S. Supreme Court in particular, it became necessary for the State to appoint an advocate with substantial appellate experience to represent the State in these matters.  Moreover, in light of the State’s increasing caseload at the appellate level, it became necessary to have a primary attorney, who serves at the pleasure of the Attorney General, to ensure that the State was taking consistent, correct positions in these courts.  Following the lead of several other states that had created state Solicitor General offices, Alabama created this position in 2001. 

Since the State created the Solicitor General position in 2001, four lawyers have served as Alabama Solicitor General.  Over the last 10 years, these lawyers have
argued a total of eight cases at the U.S. Supreme Court.  These Solicitor Generals have frequently won awards from the National Association of Attorneys General for best briefs  submitted to the Court.

The Solicitor General office currently has two lawyers—the Solicitor General and a deputy Solicitor General.

Interested parties should contact the Solicitor General or his staff, and submit materials explaining the nature of the case and why they believe the State should be interested in filing an amicus brief. The Attorney General’s Office will decide whether to submit an amicus brief based on factors such as the importance of the case, the court in which the case is pending, and the ability of the State to put together a submission that will help the Court reach the right result.

Yes. Any agency or department attorney who is designated a Deputy Attorney General or Assistant Attorney General should inform the Solicitor General whenever a case involving the State has been initiated at the U.S. Supreme Court, the Alabama Supreme Court, or U.S. Court of Appeals for the Eleventh Circuit. The Solicitor General will work together with those attorneys to represent the State as the case progresses.

Under Attorney General Strange, the Solicitor General or the deputy Solicitor General reviews and approves every brief submitted to these courts. The name of the Solicitor General or the deputy Solicitor General appears on each brief so reviewed.

Although the Solicitor General’s role is generally confined to cases pending at the U.S. Supreme Court, Alabama Supreme Court, and U.S. Court of Appeals for the Eleventh Circuit, the Solicitor General participates in some cases of great importance pending at other courts, including the Alabama Court of Criminal Appeals and the Alabama Court of Civil Appeals. In most cases at those courts, however, other attorneys within the Attorney General’s Office or the pertinent department or agency are responsible for supervising the appeal. Regardless, the Solicitor General is always available as a resource to all Deputy and Assistant Attorneys General who have matters pending in any court.

The Federal Communications Commission - 1-888-225-5322 or at http://www.fcc.gov  OR The Federal Energy Regulatory Commission - 1-866-208-3372 or at http://www.ferc.gov

The Alabama Public Service Commission – 1-800-392-8050 or http://www.psc.state.al.us

The Crime Victims Bill of Rights is in the Alabama Code Section. 15-23-60 et seq (1975). The Attorney General’s Office of Victim Assistance is here to help you assert your rights.  Please call us at 1-800-626-7676 if you have specific questions regarding your personal situation

In an effort to alleviate hardships suffered by victims of crime, the Alabama Legislature passed the Alabama Crime Victims Compensation Commission Law on June 1, 1984.  Alabama's compensation law covers a variety of expenses for which compensation is paid. The Alabama Crime Victims Compensation Commission (ACVCC) provides the only substantial financial compensation to victims for expenses for personal injuries including medical, funeral and counseling bills.  This assistance lessens the financial burden on innocent victims of violent crime and serves as a vehicle of hope for the rights of crime victims.  You must register within one year from the date of the crime.  Contact ACVCC today at 1-800-541-9388 or visit the ACVC website at www.acvcc.state.al.us. 

You may register by filling out the Victim Registration Form (the three words will have a link to the form)  and sending it to our office.  You may fill out the form online or print it and send it through the US Mail or you may simply call us at 1-800-626-7676 and we can take your information over the phone.  The choice is yours.

In May 1996, the Alabama State Legislature passed a law establishing the Community Notification Act. This law requires convicted adult sex offenders to notify local law enforcement of their residence within the community where they are living. Law enforcement authorities must then notify community residents living near the sex offender. Within this law are provisions which prohibit a convicted sex offender from living near a school and living in a residence with children.

During the 1999 Regular Session, the Community Notification Act received a major revision which created different provisions for juvenile sex offenders. Juvenile sex offenders are no longer subject to automatic community notification, but they are required to receive sex offender treatment and must register with the local authorities upon release from the juvenile court's supervision. The Act was also revised in 2005 as Act 2005-301.

Please also visit the Alabama Department of Public Safety's Sex Offender Site for more information.

Click this link for Information regarding how to Protest a Pardon or Parole 

Registration is easy. All you need to do is contact AGOVA either by phone at 1-800-626-7676 or by filling out the online registration form. 

Alabama’s Death Penalty Appeals Process Booklet  will help you better understand the process and answer any questions you may have.  Remember to register with AGOVA and keep your information updated with us when you move.  As the booklet explains, this is NOT a fast process and it will take years before an execution may take place. 

If you are an immediate family member of the victim(s) you have the right to view the execution.  By Alabama statute, up to eight (8) immediate family members are allowed to view the execution.  Other family members may accompany the immediate family members to the prison facility to provide support; however, the other family members are not allowed to actually view the execution.  Read more about it in the Alabama’s Death Penalty Appeals Process Booklet

At the Sheriff's Office in the county in which they will reside and with the Chief of Police of any municipality in which the criminal sex offender intends to reside. (Code of Alabama §15-20-21). For more information about the Sex Offender Notification Law, see our section on Victim Assistance or the state's On-line Sex Offender Registry.