If a criminal case is won in Alabama, does the winner get their legal fees paid by the losing party? This is to do with a harrassment/Domestic Violence case, the plaintiff is 62 and the defendant is 32.
State/Country relating to question: Alabama
In a criminal case the plaintiff is always the State of Alabama. The victim or complaining witness is not the plaintiff. The victim or complaining witness would not incur any legal fees to recover. If the Defendant prevails, he/she does not recover his/her legal fees.
So this 62 year old does not have to worry about legal fees at all? Because she has been asked to hand in an affadavit of hardship (she lives on her husband's military pension) and she is really scared to go to court because she can't afford a lawyer.
Who asked her to hand in an affidavit of hardship? Are you sure this is a criminal case?
The court gave her the form. He tried to assault her. A criminal lawyer is being hired as of now.
If she is the victim in a criminal case of assault (or any other), she does not need a lawyer. The state will prosecute the case. However, if she filed for a protective order that is not criminal and she can have a lawyer in that case although it is not required that you do most places.
Experienced Criminal Trial Attorney since 1998.
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