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, Eastern Shore Chamber of Commerce|
|Member, Board of Directors, MR/DD Board, Inc.|
|Member, Grievance Committee 2005 to 2013, Baldwin County Bar Association|
|Federal Criminal Defense Attorney, CJA Panel Attorney|
|, CJA Panel Attorney|
|Member, Past President, Eastern Shore Sertoma Club|
|Member, Military Law Committee, Alabama State Bar|
|, Alabama State Bar|
- Overall: 176 Answers
- This Year: 162 Answers
Q. Can a 17 year old keep her baby if she gets pregnant?
A: Of course. It happens all the time. Obviously there's more to this story. The 17 year old has all of the rights of parenthood, just like anybody else. The rights of parenthood do not depend on age. However, justly or not, young people as a class are thought to be less responsible than older people. This prevailing view is based on the dubious premise that older people have learned to be more responsible through their experience. Thus it is more likely that a judge will believe that a 17 year old mother neglected her child or...heaven forbid...abused her child. This makes it somewhat easier for a third person, say a grandparent of the baby, to wrest custody from the 17 year old. Hope this is clear.
Q. Typically how long does a judge need to see a stable pattern before I can file for full custody of my children back?
A: Well, you are to be congratulated for getting your life back together. Unfortunately, it's going to be pretty difficult for you to recover custody of your kids if your mother objects. If she consents it won't be a problem. In Alabama, we have what is known as the "McLendon Standard." What it says is that once custody has been established by court order, then a person seeking to change custody has a 'very heavy burden' to prove by strong evidence, not only that the move is in the best interest of the child, but also that the inherent disruption caused by a change of custody is substantially outweighed by the benefit. This is a heavy burden. Some courts even say that it means that you need to show that there is a problem in your mother's home, not just that you have a good situation. By the way: If you are living with a guy out of wedlock, forget about changing custody...at least if you live in most Alabama counties. The judges don't like that.
Q. My gf and i broke up and she is moving out. What are the laws regarding he taking her stuff. What can I do or say?
A: If she's not on the lease, give her a deadline by which time she needs to get her stuff out of the apartment. Put it in writing, and keep a copy. It should say something like this, "January 22, 2014. Mary: You need to remove your property from my apartment by the 3rd of February, 2015. If it is still there on the 4th of February, I will consider it abandoned and dispose of it accordingly." You don't need to send it to her by certified mail, just hand it to her. Make sure that, on your copy you write down the date on which you gave the note to her. Then if she doesn't get the stuff by the date you have designated, throw the stuff out...or whatever you want to do with it. Now, on the other hand, if she is on the lease, she has a right, not only to be there herself, but to keep her stuff there. Best thing to do is to communicate with her or one of her friends to arrange a time for her to get her stuff.
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!