William E. Scully Jr.
About William E. Scully Jr.Bill Scully has practiced law in Mobile and Baldwin Counties since 1991. He is a graduate of Indiana University (BA 1979, French and Political Science) and Washington and Lee University Law School (1982). Not long after law school he joined the U.S. Army as a Judge Advocate (JAG Officer) and served on active duty until moving to South Alabama. ?As an Assistant District Attorney in Mobile from 1991 until 1996, Bill handled some of the most serious cases on the docket, from complex drug conspiracies to capital murder prosecutions. He opened his private practice in 1996 and his office has been located on the same neighborhood since that time. Bill continues his military service on a part-time basis as an Army Reservist. He holds the rank of Colonel and is assigned as the Staff Judge Advocate for the 377th Theater Sustainment Command in New Orleans. In a position similar to that of a District Attorney, Bill is the principal legal advisor to the two-star commander of an organization comprised of over 35,000 soldiers throughout the eastern half of the country. In 2003, Bill was mobilized for 18 months and deployed to the Mid-East in support of Operation Iraqi Freedom. In the private practice, Bill works in all of the practice areas that are described elsewhere on this website. Bill is particularly interested in defending criminal cases in which DNA evidence is used and in Post-Conviction Relief under Rule 32 of the Alabama Rules for Criminal Procedure. He has also been successful in advocating on behalf of our clients before the appellate courts of Alabama: Giardina v. Giardina, 39 So. 3d 204 (Ala.Civ.App. 2009), and a second one: Pinzone v. Papa's Wings, Inc., 72 So. 3d 620 (Ala. Civ.App. 2010) Bill and his wife, Donna (a Registered Nurse who also works part-time for the firm), have been married for over 33 years. In addition to son, Liam, they have two daughters, Elizabeth and Christina. Bill is a long-time member of the Eastern Shore Sertoma Club
Directory Practice Areas
- Criminal Law
- DUI & DWI
- Traffic Tickets
- Appeals & Appellate
- Family Law
- Military Law
- White Collar Crime
- Domestic Violence
- Credit Cards Accepted
- Mastercard, Visa and Discovery.
- Free Consultation
- Initial Consultation is free.
Jurisdictions Admitted to Practice
|Attorney, Private Law Practice|
|Judge Advocate, US Army Reserves|
|Rank: Colonel Position: Staff Judge Advocate|
|Assistant District Attorney, Mobile County District Attorney's Office|
|Judge Advocate, US Army (Active Duty)|
|Washington and Lee University School of Law - Washington and Lee University||J.D. (1982)|
|Indiana University - Indiana University-Bloomington||B.A. (1979)||Political Science and French|
|Member, Board of Directors||MR/DD Board, Inc.||2004-Current|
|Member, Past President||Eastern Shore Sertoma Club||1996-Current|
|CJA Panel Attorney||1996-Current|
|Member||Eastern Shore Chamber of Commerce|
|Member, Grievance Committee 2005 to 2013, Baldwin County Bar Association|
|Federal Criminal Defense Attorney, CJA Panel Attorney|
|Member, Military Law Committee, Alabama State Bar|
|Alabama State Bar|
- Overall: 17th
- Last 30 Days: 3rd
- Overall: 132 Answers
- This Year: 132 Answers
Q. My Ex Has Filed For Custody Of Our Child. His Allegations Are: 1.That I Have Not Maintained Employment 2. I Am Totally
A: What you need to do is to hire an attorney. You might have the best case in the world, but if you don't know how to present it to a judge, your chances are much, much worse. Once custody has been established, the parent seeking to change custody has a much higher burden to prove when they go to court. It's called the McLendon Standard. If your ex seeks to change a custody modification he must prove, not only that it would be in the best interests of the kids to stay with him, but also that the benefit to the kids would substantially outweigh the inherent disruption of a modification. This is said to be a very high burden. Now the one thing that could be a problem for you is that you are living with some guy that you aren't married to. Judges don't like kids living in the same household when mom is in making whoopee with boyfriend in the other room. What's the deal there? The guy doesn't love you enough to make a life long commitment? You didn't have enough self respect to cut off the relationship when it became clear that the guy wanted to play the field? Grow up. Don't let this leach bleed you any further. Get married or get rid of him.
Q. If I'm 16 and live with my grandparents can I leave home without their consent?
A: No, sport, you can't just leave. If your grandparents have custody, obviously there were some problems with your mother and your father. Your grandparents might not be the most pleasant folks to deal with, but they are probably doing the best they can. They probably weren't expecting to have a teenager in their house at this point in their lives. It's probably as difficult for them as it is for you. Put on a good face. Hang in there. Think about how difficult it will be to live on your own. You will have to pay rent and pay for your own food. You will have electric bills and phone bills and water bills and clothing expenses and you'll need a job. There are thousands of things that your grandparents do for you...even though they might seem like jerks to you. Besides...until you are 19, you can't just take off without their consent.
Q. I pay child support, can my ex make me pay for half of orthodontic even if she does not discuss the cost?
A: Look first at your divorce decree. Lots of times decrees require parties to consult. Then next question is whether the orthodontia is medically necessary. If it is medically necessary, the judge will probably make you help to pay even if your ex hasn't consulted with you before incurring the expense. Note: Medically necessary does not mean cosmetically necessary. You might want to consult with the orthodontist...go with your daughter to an appointment, to see what the deal is. Final question--is this something that you would want for your daughter? Don't just oppose it because you are annoyed at the way your ex has gone about the whole thing. You don't want to mess up your relationship with the daughter just because you are p.o.'d at the mother.
Q. If a 17 y/o male in the US does a sexual roleplay with a 14 y/o girl from new zealand, are any laws being broken?
A: If it's not against the law, it OUGHT to be! There are lots of things that you might have said to the girl that could make this 'role-play' a crime. It could be 'Contributing to the Delinquency of a Minor' Alabama Code Section 12-15-111. And, more to the point, it could be considered 'Distribution of Obscene Material to a Minor' in violation of Alabama Code Section 13A-12-200.2. If you are the 17 year old, you might ought to be more concerned about the child's FATHER than about the law. If I were the father, I'd be mighty unhappy with you.
Q. I was married for 7years, and supported her for 10years, college, masters, etc. am I allowed half her 401k?
A: Probably not. Alabama Code Section 30-2-51(b) allows a judge to award up to 50% of 'vested' retirement benefits to the other spouse, but only if the parties have been married 10 years during which the retirement benefits have been accumulated. There might be special things about your situation that would make it different, so you should absolutely and without doubt consult with an attorney about this. In fact, you should absolutely, without doubt, be represented by counsel when you go through a divorce.
Q. Do you get your gun rights back after you get off probation if you plead youthful offender
A: Being a youthful offender does not deprive you of the right to possess a gun. In addition, you will be relieved to hear that even though you are a Youthful Offender you can still vote, serve as a juror, hold public office, and be hired by the state. YO status does not does not deprive you of 'any right or privilege or make (you) ineligible to receive any license granted by public authority' in Alabama. In fact, being a Youthful Offender 'shall not be deemed a conviction of crime' and the records of your adjudication are almost completely confidential! Thus saith Alabama Code Section 15-19-7.
Q. In Alabama, will Medicare/Medicaid require a home, placed in a life estate, to be sold to cover nursing home care?
A: Not always. You can continue to have your home in many circumstances. For example, the spouse of the person in the nursing home can continue to remain in the home for his or her life. If there is a reasonable possibility that the person in the nursing home will recover and return to live in the home...even if it is only with assistance, you can keep the home. However, even if you are able to keep the home, the long-term nursing care...and any other medical expenses...paid by Medicaid will be a lien against the property and will have to be reimbursed. There are some trust options that might help out here, depending on the circumstances. It would be best to consult with an attorney about your options so that you can provide more details.
Q. I am a retired widow. I loaned my daughter and family my camper. It was parked at the home they were renting.
A: I take it that the landlord is holding the camper as a means of compelling the payment of rent. This would be known as 'distraint' if the camper was your daughter's property. Distraint is abolished in the Alabama Residential Landlord Tenant Act, and the landlord could be opening himself to some serious problems if he does this kind of thing to his tenants. Since the property is yours, what the landlord is doing is known as theft or conversion. You need to go see the landlord and show him that the camper is yours and tell him you want it. If he fails to return the camper, go to the cops. He could be in some serious trouble with you as well.
Q. Do I have grounds to take legal action against CPS and local police department?
A: I suspect that Child Protective Services had what is known as a pick-up order. They might not have given you a copy. Your position with respect to the child is that of a stranger. I know, the mom asked you to take care of the child. But that's not enough. Actually, she could have given you a type of power of attorney that could give you a guardianship over the child, but it doesn't sound like she did this. When DHR takes custody of a child, they can place the child with a 'family resource.' If you aren't family, though, they can't place the child with you unless you are in the foster care program. If you have some of the kids things, you might want to take them to DHR for the kids. Be calm. Express concern for the kids. You might even volunteer to become a foster parent. This opens you up to having other children placed with you, but being a foster parent can be a very rewarding, if sometimes heartbreaking, experience.