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Chris T., JD
Chris T., JD, Attorney
Category: Legal
Satisfied Customers: 4779
Experience:  Experienced in both state and federal court.
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we have a gas station, but we have it leased out. the people

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we have a gas station, but we have it leased out. the people that we have the entire building leased to had illegal gambling games inside and got busted, but they are out of state right now and my step dad went to jail instead of them cause he is the land owner. we have the lease and the license that they have in there name. is there anything we can do? we also live in alabama.

TexLawyer :

Good evening. I'll be assisting you with your question.

TexLawyer :

Is he in jail now? Do you know if he was indicted by the DA or just charged by the police?

Customer:

he is in jail now

Customer:

and i believe the da is trying to talk to him

TexLawyer :

OK. The first thing he needs to do is post bail, if he can come up with the money.

Customer:

they arent letting him post bail

TexLawyer :

Second, he needs to hire a lawyer before speaking withe the DA. It is really important to have a lawyer before speaking to law enforcement because they will try to use his statements against him.

Customer:

thats exactly what they are doing

TexLawyer :

Have they not set bail yet, or did they tell him they aren't going to set bail at all?

Customer:

they said they arent going to set bail

TexLawyer :

OK. If you hire lawyer, they can file a motion asking the judge to reopen the question of bail.

Customer:

they told us they are keeping him 72 hours no bail and then he will go infront of a judge

TexLawyer :

The important thing to remember here is that the DA has to prove that he somehow knowingly did something to further the gambling business. Simply being the landlord and owner of the building is not sufficient to make that connection.

TexLawyer :

OK. So they haven't denied him bail, they just haven't set it yet.

TexLawyer :

They will set bail at his hearing.

TexLawyer :

From what you've described, the state will not have a very strong case unless they can prove that he somehow furthered the gambling business.

Customer:

he didnt have anything to do with the games

TexLawyer :

It sounds like he did not.

TexLawyer :

Just like any other crime, the state have to prove intent, that is, intent to commit a crime. Without that, there is no crime.

Customer:

so what all can we do right now

TexLawyer :

They have to prove that he intended to violate the state gambling laws and, as I've said, simply being the landlord is not enough.

TexLawyer :

The absolute first thing you should do is hire a lawyer.

TexLawyer :

Then, wait for bail to be set and help gather money to post his bail (usually through a bailbondsman).

TexLawyer :

There probably isn't much else you can do at this point, but the key is hiring a lawyer.

Customer:

the lawyer cant be there until in the morning

TexLawyer :

OK. There isn't anything else you can do tonight.

Customer:

ok well thank you

TexLawyer :

Glad to help.

Chris T., JD and 8 other Legal Specialists are ready to help you
Hi, Craig. I just wanted to check with you and see if the judge set bond and how the case was going. If you have any questions, don't hesitate to ask.

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