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
- 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
|Judge Advocate, US Army Reserves|
|Rank: Colonel Position: Staff Judge Advocate|
|Attorney, Private Law Practice|
|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|
|CJA Panel Attorney||1996-Current|
|Member, Past President||Eastern Shore Sertoma Club||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: 151 Answers
- This Year: 151 Answers
Q. how much time do you get for 4 theif of property 1st 30,000 for each one
A: Well...that's a lot of theft. Theft of Property in the First degree is a Class B Felony. Punishment ranges from 2 years to 20 years for each count. Some or all of this jail time can be suspended. The sentencing guidelines will impact the sentence actually imposed. I should also say that if you have prior felonies, the punishment ratchets up.
Q. mother abandons child in California, and I live in Alabama. How do I get custody?
A: So, why do you need help? Sounds like your mom is willing to come to Alabama. She can move her, move in with you and, voila!, there you go. Or, if your mom doesn't want to move here, why don't you just go pick up your child and bring her home with you. If the child's mother isn't in the picture, there's nothing keeping you from getting the kid.
Q. At what age can a minor in Alabama would be able to take care of another minor legally?
A: There's not a legal answer here, really. When my kids were small, I would let me 12 year old son babysit for his younger sister when my wife and I would go out. There are limits, of course. I wouldn't leave the 12 year old to care for a sibling over-night. I wouldn't go out and get rip-roaring drunk while the kids were home alone. I'd make sure the kids knew how to get in touch with me...but there aren't many 12 year-olds who don't know how to use a cell phone. I don't think it's prima facie neglect for a mother to do this.
Q. my 17 yr old daughter was kicked out by her custodial grandfather. can she legally leave state if he did this. and can c
A: Well, she's 17 years old. If she doesn't have anybody with legal custody willing to let her stay, then she can pretty much go where ever she wants to go. There's nobody going to stop her. Of course, you are her mom. Ideally she would want to come live with you, right? Are you asking if she can leave the state where she lived with her grandfather and come live with you? I'd say yes! Welcome her with open arms and try to restore some of your relationship with her. If nobody else will take her in, you should rush to do so!
Q. My 7 year old son took a drink of my alcoholic drink by mistake on vacation and some how the nurse at school found out
A: When allegations of abuse or neglect are reported to the Department of Human Resources, DHR must conduct a Child Abuse and Neglect" investigation, also known as a CAN investigation. Yes, they can look carefully into the allegations, but there are limits. You should probably contact a local attorney...perhaps a criminal attorney...to help you work through this.
Q. can 2nd degree marijiuana be enhanced to a felony
A: Sort of. Possession of Marijuana in the second degree is possession of marijuana for personal use only. It is a Class A misdemeanor. However, possession of marijuana (even for personal use only), after having been previously convicted of second degree possession, is a Class C felony.
Q. Can a paying parent be responsible to continue paying college and medical bills for a child that is over the age of 19
A: What was in effect as of the date your child turned 19? From your question it sounds like the original decree required the payment of college expenses. It also sounds like that order was modified at age 19 so that the payment of college expenses was no longer required. If this is the case, the support order cannot now be modified. The court loses jurisdiction when the child turns 19. This is an area of the law that has seen significant changes over the past couple of years. It is now not possible for Alabama courts to require the payment of college expenses. However, the Alabama Supreme Court ruling that ended 'post-minority support' has been held not to be retroactive. So if an order requiring the payment of college expenses was entered several years ago, it could still be enforceable. What bothers me a little bit about your question is this: You say that child support was modified at some point. If the modification said specifically that the payment of college expenses was not required, then that obligation goes away. But if the modification order changed the monthly child support amount, saying nothing about college expenses, such an order doesn't necessarily change the obligation to pay those expenses. The judge does not need to reiterate the obligation to pay post-minority support every time child support is modified. The original order could remain in effect. It might be worth your while to have an attorney review your divorce decree and the modification order so that you can get a good read on this thing.
Q. How is income calculated if my ex-wife has decided not to work now.
A: The judge will 'impute' income to your ex. This means that the court assumes that your ex can make at least minimum wage (which is about $1200 per month). Even if she is not working the judge will assume that she can make this amount. They may impute more income to her if she usually makes more money than minimum wage, but is voluntarily unemployed. If she can make significantly more, they will impute that higher figure to her.
Q. My ex husband was just given full physical custody per the judges final order. Can I appeal this and how do I do it?
A: We aren't going to be able to coach you through an appeal from this web site. An appeal from this kind of a decision is fairly difficult and technical. You will need to order a transcript of the proceedings ($$). You will need to have an appellate brief prepared setting out the errors you believe the trial judge made. The appeal is not a new trial, so you won't be able to present new evidence. There are some circumstances where you can bring new evidence to the attention of the trial court judge, but again, this is not easy to do. You're just going to need to hire a lawyer.