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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- 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: 184 Answers
- This Year: 52 Answers
Q. My son graduates high school this month then begins college still living at home. Wants PT job..will child support stop?
A: Child support continues until the child's 19th birthday in Alabama. The fact that he is attending college and has a part time job does not change the obligation to pay child support. The only thing that would stop child support is if he got married or joined the Army, or something like that. Do not fear...let him get a job.
Q. My ex is constantly late when dropping off the kids at their time. I have asked before to call or text if running late.
A: OK, look. I know it seems like a big deal to you. I know it's annoying. I know it probably looks like this guy is bringing the kids back late just get under your skin. But this is not a big deal in the grand scheme of things. Plus, you can burn up a whole bunch of legal fees fighting about it. The courts aren't going to fine him or put him in jail or cut off visitation just because he's an inconsiderate jerk. You need to figure ways to reward him when he gets back on time. You know...conditioned response. For example...Make the exchange of the kids more pleasant. If he's like me he wants to avoid conflict. So if the exchange of the kids is contentious it's actually MORE likely that he'll bring them back late because he's postponing the inevitable argument. So don't complain about his being late. Ask him if they had a good time. Talk to him about how the kids are doing in school. Etc. Now this is just an example...I don't know anything about you and your ex. But I know that complaining about something small like this is going to be totally unproductive--it will make you mad at him and it won't change his behavior.
Q. if i post my own bond but use a bail bondman do he keep all my money
A: I'm not reading you very well, buddy. Here's the way the bail bond system is supposed to work: You get arrested. The court wants to make sure that you show up for court. They make you post bail, which is security to help ensure your presence. In your case, it sounds like the judge insisted on corporate surety only, rather than a cash bond. If you had posted a cash bond, then you would get the money back at the end of the case if you showed up when you were supposed to. If you posted a corporate surety bond, then you would pay the bondsman a premium, usually 10 or 15%. This is their fee for taking the risk that you might fail to appear. The bondsman can incur expense to bring you back if you fail to appear (see Dog the Bounty Hunter). Sometimes, even if you post a cash bond, the court will condemn the bond at the end of the case to ensure payment of the fine and court costs. In summary: You get the money back if you posted the cash bond. But you don't get the money back if you posted a corporate surety bond.
Q. In the state of alabama can you leave the state with a child when the father have visitation right to the child
A: You may leave the state, but before you do, you will probably need to comply with the provisions of the Alabama Parent Child Relationship Protection Act. This Act may (but does not always) require you to give a certain notice to the other parent within a certain time before you plan to leave. It allows him or her to file an objection to the move in court, and allows the judge to decide whether or not the child may leave and what, if any, modifications to the visitation schedule may be appropriate. The judge can prohibit the child being moved. The judge may require you to pay for the costs associated with visits...there are a lot of possibilities. Here's a link to the various provisions of the Parent Child Relationship Protection Act: http://codes.lp.findlaw.com/alcode/30/3/7A
Q. I went through dhr for child support for my son. The court ordered him to pay 400 a month butthey i'm not getting it
A: DHR usually stays on these cases. Call them back and let them know. In some counties, the judge will jail your ex if he has been willfully staying out of work or failing to look for employment or other means to earn money.
Q. My daughter was arrested on a misdemeanor paraphernalia charge. She's never been in trouble ever. What can happen?
A: Possession of Narcotic Paraphernalia is a misdemeanor offense, but it is a class A misdemeanor. The maximum jail sentence is 1 year, or 6 months if she is in municipal court. It is unlikely that your daughter would actually spend time in jail if her record is clean. If she is under 21 and has a clean record, she might be treated as a 'Youthful Offender.' This means that her record would be confidential. It is also possible that the charges could be dismissed if she completes a pretrial diversion program, if available. There is a whole world of possibilities here. One of which, to be sure, is her being jailed. Even though it is unlikely that she will go to jail, she needs an attorney to assist her with this case without a doubt. There are too many things that can go wrong...even WITH an attorney, much less alone.
Q. My last child with my former husband will graduate next month from high school. She also turns 18 next month/May. Her fa
A: No. Child support in Alabama continues until the child is an adult. The age of majority, the age at which a child becomes an adult in Alabama is 19. If, before age 19, a person becomes 'emancipated' by marrying, joining the military, filing a petition for emancipation, etc., then the obligation of support ceases. But you have not described a situation in which your daughter is becoming emancipated. If your ex ceases the payment of child support, you should make an appointment with DHR. Alabama DHR will represent you free of charge. They will bring your ex in to court, and the judge will explain to him what his obligations are.
Q. Me and my spouse reside in Alabama and are filing for divorce. The home was purchased 4 months before we married
A: The house is a marital asset subject to division in any manner that the judge deems to be 'equitable.' This doesn't guarantee you a share of the house, but I would bet that you will get part of it. You might even get more than half if the other spouse has a greater earning capacity.
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.