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
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- 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|
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- Last 30 Days: 13th
- Overall: 138 Answers
- This Year: 138 Answers
- Last 30 Days: 5 Answers
Q. If I am 18 years old can I legally move out of Alabama?
A: Your parents are correct. Until you are 19, you are not a whole person as far as the law is concerned in Alabama. You have to do what your parents tell you to do.
Q. If a case has had appeal hearing set and the DA puts the case on his personal facebook and shares it with public is that
A: You have violated a sacred rule of Justia: You have asked TWO Questions at once! Naughty, Naughty. Just this one time, I'll allow you to get away with it, and do my best to respond. First: Can the prosecutor having posted information about your case on Facebook be grounds for reversal? Hard telling. Your question springs out of a legal disaster that followed in the wake of Hurricane Katrina in New Orleans. Responding to reports of shots being fired at police, officers opened fire on civilians on the High Rise Bridge Danziger Bridge, killing two people and wounding several others. The US Attorney's office took over the case and prosecuted the officers for civil rights violations. DURING THE TRIAL, prosecutors on the case were making public posts to the "NOLA.com" website, the web site for the New Orleans Times-Picayune. These public postings were deemed to be prosecutorial misconduct aimed at influencing the jurors who were hearing the case. Ultimately, the convictions were overturned. I think the defendant police officers are still pending trial. Can this be a reason for your case to be overturned? Maybe. Talk to your lawyer. The simple fact that the prosecutor made comments about the case...or more likely, his/her victory in the case...probably won't be enough to get the case overturned. But if public comments about the evidence in the case were posted and directed at the jurors during the case...don't hold your breath, but you MIGHT have a shot. Again, talk with your attorney. Second: You are asking something about somebody being refused medical treatment...You're coming in broken and unreadable. I take it that you are asking about a defendant. The defendant has been convicted. He/she is now in prison with a medical problem and that the prison officials are refusing treatment. I also take it that this is a life threatening condition if not treated. You are asking if this is grounds for the case to be dismissed. The answer is, "No." It might be grounds to sue the Department of Corrections, but it is not going to affect the conviction. Again...talk to the lawyer. If that doesn't help and you have good proof that this prisoner is being refused treatment for a life threatening condition, you might want to contact the Southern Poverty Law Center. They have a prison project, and might be able to help you.
Q. If you lose your parental do you still have to pay child suppory
A: Sometimes. It depends on what you mean when you say you 'lose your parental...' I assume you mean your parental rights. You COULD mean that your visitation rights have been cut off by the custodial parent, either by fiat (that is, dad just refuses to allow the kid to visit with mom) or by order of the court. In this situation, you still need to pay child support. You COULD mean that DHR has taken the kids away from you and there is a court order placing the kids in foster care or with a family resource. In this case, you still have the obligation of paying child support. Finally, you COULD mean that your parental rights were sure-enough terminated when you gave up your parental rights or that they were terminated by some court order. In this case you do NOT have to pay current child support, but you might need to continue to pay child support arrearages that accumulated in the past. Sometimes people think they can just 'sign over' their parental rights as a means of avoiding child support. I am CERTAIN that this is the LAST thing on YOUR mind and that you ALWAYS put the needs of your child first. However, I want to caution you that you can't just 'sign over' your parental rights unless there is someone there who wants to adopt the child, and the court approves it. Finally, I'm going to slip into Professor Henry Higgins mode for a few seconds and lament, 'Why can't the English learn to speak?' You really should read over your question before you submit it. If YOU can't understand it, WE can't understand it...but I digress.
Q. My son lives with his dad nowbut does not won't to go back to his dads. Will i get in trouble if i don't let him go back
A: You can't get in trouble for violating a court order if there is no court order. So, no you won't get in trouble with the law if there is no order that has placed the child in the father's custody. There are, however, a number of practical problems with your plan of action. First of all, you're going to enrage the father. That's not always a bad thing, but it will certainly make future interactions with him difficult. Second, if you show up at the local school to enroll your 12 year old son, they are going to wonder where in the world this kid came from, and 'do you have custody?' I don't know if there's a good solution to your situation. You would be best served to seek a custody order if you plan to keep the kid with you. This would mean hiring a lawyer...or at least that's the best way to do it.
Q. If I have paid the taxes, Insurance and maintained the property of my parents for the last 30 years do I have any rights
A: No, it's not that easy. There are limited circumstances where paying the taxes can get you title by adverse possession, but there are a lot of additional conditions that must be met before you can get title in this way. Sounds like your folks are still living in the house. If so, it's pretty much impossible for you to get title by adverse possession since you aren't actually in possession...they are! If your parents want to leave the property to you they can do so in their wills.
Q. Child Care
A: Yes and no. (Just the answer you were looking for.) In calculating child support, extra curricular activities...like camps, are assumed in reaching the monthly child support award. Sometimes parties will agree that they will split certain extracurricular activities. If your decree says you have to split certain extracurriculars, then that's what you need to do. However, work related child care expenses are also calculated into the gross monthly child support amount. If your decree has a provision that says you will split child care expenses in a particular manner, rather than including them in the monthly child support calculation, then you need to look closely at the decree to see what it says. Usually, however, there is no dispute about what are or what are not day care expenses, because the final decree already captures this amount. Hope that makes sense.
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.