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: 8th
- Overall: 144 Answers
- This Year: 144 Answers
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.
Q. Divorce in Mobile,AL
A: Hard telling, but $2,000 is pretty sporty alimony if you ask me. If she's in school, and y'all have been married for only 13 years I'd go lower than that, and maybe try to limit the time frame...that is, make it temporary, not permanent, alimony. There are problems with temporary alimony like you can't modify it like you can with permanent alimony, but you know what your exposure is. Another thing, she's the one who wants the divorce...I curious about whether she's committed some misconduct. You absolutely, without fail, need an attorney. Don't go offering her $2k per month plus child support until you get to talk with a lawyer.
Q. If my child support was increased by the state then decreased can I file for an increase again
A: Here's one thing you can do: Learn how to use periods! :) I really can't tell what the situation is from what you have written. Child support in Alabama is governed by a standard set of rules. The major factor in setting child support is income, of course. They DEDUCT the prior existing child support amounts when determining what your exes income is. You can always go back to DHR to have them recalculate child support based on your current situation. Whether it will increase or decrease your child support is anybody's guess.
Q. me me and my husband are seperated. he is living with another woman that is still married. We have 3 kids if they are
A: Your 20 year old is an adult and can do whatever he or she wants to do. The 16 and 14 year olds THINK they are adults and will be difficult to handle. The thing that you need to remember is that the courts expect you, as the custodial parent, to encourage the relationship between the kids and their dad. Even if dad is a jerk, as this one apparently is, he is their dad, and they will need to get along with him on some level. You should do what you can to encourage the kids to see their dad and to get along with him. This doesn't mean that you have to let them spend the night at dad's house when he's shacked up with this other woman. Alabama courts, at least the ones in my county, frown on this arrangement. But you should probably encourage daytime visits of some kind.
Q. my ex is threatening to leave the country with my son what do i do
A: There are several things you can do. For one thing, the State Department probably won't issue a passport for the child unless you consent to it, so he won't be able to get the child out of the country. Second, based upon these threats, you should immediately get a court order prohibiting your ex from taking the child out of the country. If you have such an order, it will make it easier to bring the child back and to have your ex prosecuted for parental kidnapping.
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.