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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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: 173 Answers
- This Year: 173 Answers
- Last 30 Days: 22 Answers
Q. How can a father gain visitation of his child while DHR has not removed child but has an open investigation with mother
A: Ah ha! You asked this question before, and it was too confusing for me to understand who you were. If you want visitation and mom isn't allowing you visitation, you'll need to file a law suit either to establish a visitation schedule if one doesn't already exist, or to enforce the existing schedule if mom isn't allowing you to have what you are entitled to. DHRs involvement in the case has nothing to do with visitation. Now, if there are serious problems at home, so serious that DHR has become 'involved,' then you might be able to get custody of the child away from mom. Regardless, you aren't going to be able to do this stuff at home. You'll need a lawyer.
Q. Can a 20 year old legally date a 16 year old?
A: What you are really asking here is whether a 20 year old can legally have sex with a 16 year old...RIGHT? First you're going to have to listen to my lecture...You need to let this young person grow up. Stay away from her. She's in HIGH SCHOOL, dude. You are either in college or working at a job. If you really care for this person, let her enjoy where she is. Let her have fun with her high school friends. Let her go to the prom with somebody that her friends know...not some stranger. And most importantly of all...KEEP OUT OF HER PANTS! If she has a kid...you know you're not going to support it...she's not going to finish her education...she's going to get stuck in a dead-end job or living on welfare...her parents are going to be hugely pissed at her and at you...It's going to be a disaster! Stay away. Having said all of that...No, it's not against the law for a 20 year old to "DATE" a 16 year old. The definition of 'date' means to go out together to a movie or to dinner or dance. It does not mean having sex...regular or oral. Having sex with her is not statutory rape, but it could be viewed as 'interference with custody' if her parents have objected to the two of you seeing one another...and so that could cause you some criminal problems. Not to mention the old shotgun routine.
Q. the child support owes me for over payment how long does it takes too receive your money?
A: 'The child support' doesn't owe you anything. You may have overpaid the mother of your child or children. She might be required to reimburse you, but you'll have to take that up with her. The Child Support Clearinghouse just forwards the payment on to the mother. I'm sure that the mother that she will have bags of cash money sitting around after your extraordinary largesse in helping her support your children. Give her a call.
Q. Can my ex fight for full custody because he's mad about me filing for child support more details in box below
A: He can always 'fight for full custody' regardless. It's curious that the court didn't enter a child support order. Usually the court would enter a support order regardless of his disability status. Did you have a lawyer in the divorce? Anyhow, I wouldn't worry about him getting custody. What I would worry about is the visitation situation. If he has visitation rights, then you need to let him have visitation. You might think he's a scum-bag...and he might be a scum-bag. But you made babies with him, and the kinds have the right to a relationship with their dad...Even if dad is incredibly negligent about pursuing the relationship. Point is...you should let him 'pop in and out of their lives' because he's their pop. You don't have to listen to his nonsense about visitation...just ignore it.
Q. My ex has missed alot of CS payments. When I said I'd take him to court he replied that he will say he paid in cash?
A: Actually you don't have to prove that he didn't pay you. Even if he actually paid you, if he didn't pay it through the court or through the Alabama Child Support Clearinghouse, he won't get credit for it. Go to DHR in your county. They will represent you free of charge. They will need a copy of your divorce decree.
Q. Can I have a fox as a pet in the state of Alabama?
A: It sounds like a bad idea to me. The Alabama Administrative Code contains regulations promulgated by various Alabama State entities. The Alabama Department of Conservation and Natural Resources has promulgated 220-2-.26 which, among other things prohibits the possession of foxes brought in from other states. It says nothing about possession of a fox found in the State of Alabama. Alabama Code Section 9-2-13(c) makes it a class C misdemeanor to possess a prohibited animal...but specifies a minimum fine is $1000!
Q. I'm 18 years old and my parents kicked me out. How can the person I'm staying with now gain temporary custody?
A: I'm sorry your folks kicked you out. That's a bad situation. You're going to be 19 in about 9 months, and so there really isn't any need for the person you are 'staying with' to have custody of you. If you've really been 'kicked out of the house' you could go to DHR, and they might be able to help you with this issue. They can gain custody of you quickly. They might be willing to place you with this person as sort of foster care.
Q. How can a father obtain visitation while DHR has not removed child but is involved knowing father has not seen child in
A: You've got to help me out here...I can't tell what you are asking. So DHR is 'involved' in your situation. This tells me that somehow DHR became concerned about the health or safety of your child, but not so concerned that they were willing to remove the child from the home. Apparently the child is in mom's custody, not dad's. One problem is that it's not clear from your question whether you are mom or dad. If you are mom, which is what I am guessing, you don't want dad to be able to visit with child because dad hasn't seen the kid in 5 months. The kid probably hasn't seen dad in 5 months because the two of you are fighting. Quit fighting and let dad see the kid. If you are dad, you probably have mom ticked off at you because you aren't paying child support. Start paying child support and start visiting with your kid. Dads have the right to visit with their kids, even when mom's get the vapors. Moms shouldn't have to put up with a lot of grief from dads over child support. Finally;;;I don't have any idea what a 'respid visit order' is.
Q. If the mother already had her first child taken away from the dad is it easier for the second child to be taken away?
A: I don't know. This is a little scary...and your question isn't really clear. If the mother had the child taken away from the dad? Who had custody?...Well, here goes: It looks like the kid was 'taken away from the mother.' If DHR did it, they would have probably taken both kids, so I'm assuming you mean that the father of the child got custody of the child away from the mother. If this is the case, it doesn't matter a whit in the case where the father of the second child is trying to obtain custody from the mother. The second case is going to depend on the facts of the case. Now if the reason the first child was taken from mom was that mom is a dope fiend, or a child abuser, then those will be compelling reasons to take the second kid away from her as well. But if the second dad is also a dope fiend or a child abuser, then he might not prevail, even though the first kid was taken away from mom. Is that confusing enough?