Birmingham Criminal Defense Blog : Birmingham DUI & Criminal Defense Lawyer & Attorney : Eversole Law Firm : Criminal and DUI Defense : Serving Birmingham, Montgomery, Alabama

Being arrested for criminal sexual behavior is bad enough, considering the social stigma associated with sex crimes. However, being convicted of a sex offense is something everyone should avoid if at all possible. Once branded as a sex offender, a person will carry with him a great burden, including life-long registration as a sex offender, restricted working and living arrangements, notification of the local community and neighborhood of your conviction, loss of certain professional licenses, even revocation of your constitutional right to vote and to bear arms (as a person convicted of a felony).

As a Birmingham criminal defense attorney, I know the personal and professional consequences that a sex crime conviction can bring down upon an individual. Jobs have been lost, careers ended and marriages broken up all over a single sex crime conviction. It is because of these life-changing consequences that anyone accused of criminal sexual behavior should retain professional legal counsel.

Recently, a Mobile police officer was forced to resign from the force after admitting that he had sexual relations with a 16-year-old girl. While the relationship was not illegal in the state of Alabama, police department officials apparently believed it was not befitting a policeman. Earlier this year, a former police officer was convicted of raping his stepdaughter, however that girl was under 12 at the time.

According to news reports, 44-year-old Marshall Freeman will not be prosecuted over his admission of having sex with the teenager since the girl said that it she consented to the relationship. According to the Mobile County district attorney, Freeman will not be facing any criminal charges, although many inside and outside the police department feel the relationship was “just plain wrong.”

Alabama is one of 32 states that have laws on the books stating that 16 is the age of sexual consent. Some other states have laws that state if an authority figure, such as a police officer, is involved that age of sexual consent rises to 18 years.

Based on some observers, relationships between individuals are not always equal. Some organizations, such as Mobile County's Child Advocacy Center, would like to see the Alabama legal system hold people in power to a higher standard. Whether the state legislature will move to make it a criminal offense for a person of authority to have sex with anyone under 18 remains to be seen.

Sexual Consent Controversy, WKRG.com, March 16, 2010

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The United States Supreme Court recently decided that the well-known Miranda right pertaining to “remaining silent” has an expiration date. This could have wide-ranging effects on individuals arrested for crimes in cities like Montgomery, Mobile, Huntsville and other smaller towns around Alabama. As a Birmingham criminal attorney, my first concern is to provide an aggressive defense to my clients.

With this latest Supreme Court ruling, a suspect in a criminal case could theoretically be questioned two weeks following his initial Miranda reading and actually not have the protection normally expected of that law. In fact, the Supreme Court has said that a suspect who invokes his "right to remain silent" under Miranda can be questioned again after 14 days if he agrees to talk to law enforcement authorities of his own free will, he could unintentionally incriminate himself, allowing prosecutors to essentially use those more recent statements against him in a court of law.

According to reports, the 9-to-0 Supreme Court decision over a child abuse case essentially overturned a nearly 30-year-old rule that has barred the police from questioning a suspect once he had asked to remain silent and to speak with a lawyer.

The "Edwards rule" as it is also known was initially created in 1981 to prevent investigators from harassing suspects who are held in jail following their invocation of their Miranda rights. Prior to the inclusion of this rule, it was not uncommon for police to awaken a suspect in the middle of the night and ask him again to waive his rights and to admit to a crime.

More recently, this rule has been understood to preclude the police from re-questioning a freed suspect, even for other crimes in other places. As part of their ruling, Supreme Court justices stated that although the rule made sense for suspects who were held in jail, it did not make sense for suspects who had gone free.

"In a country that harbors a large number of repeat offenders, the consequence [of this no-further-questioning rule] is disastrous," Justice Antonin Scalia said, adding, “If there has been a "break in custody" and the suspect has gone free, the police should be allowed to speak with him after some period of time.

According to court records, the Court settled on 14 days because it "provides plenty of time for the suspect to get reacclimated to his normal life [and] to consult with friends and counsel."

As a result of this ruling, the high court overturned a lower court decision, essentially saying that the incriminating statements made by the defendant in the child abuse case -- weeks after the original Miranda reading -- could be used to convict him. It’s important to note that while all nine justices agreed on the outcome, two did not agree with the 14-day rule -- Justice John Paul Stevens said that time period was too short, and Justice Clarence Thomas said it was too long.

Supreme Court puts expiration date on 'right to remain silent', LATimes.com, February 25, 2010

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My years as an Alabama criminal defense attorney has given me the opportunity to represent a wide range of individuals accused of numerous criminal offenses. Birmingham, Bessemer and Tuscaloosa are just a few of the jurisdictions in which criminal trials are held on a daily basis. The following list illustrates the types of crimes that local police and prosecutors pursue on a regular basis. Many of these Huntsville crimes may be brought before local judges and magistrates for trial, deliberation as well as appeal.

North Precinct
A central heating and air conditioning unit was stolen from a home on Battle Road; while later a man was robbed of his cellphone and car keys along Blue Spring Road near Gala Drive. On Summerhill Drive, police responded to report of a theft from a parked car outside a home; a debit card with an undisclosed value, a cell phone, a digital camera and a credit card were all stolen.

South Precinct
Another vehicle was allegedly broken into at a home in the 600 block of Douglas Lane; the victim reported that 60 alprazolam tablets and 90 hydrocodone tablets were stolen from the vehicle. A similar burglary occurred on Drake Avenue, where a bag, digital camera, textbook and three prescription medications were stolen from a parked vehicle on the 200 block of that street.

A 1998 GMC Sierra and a 2004 Dodge Stratus were stolen by deception from an undisclosed location along Memorial Parkway; the complainant told police that the theft occurred between August 6 and 7 even though the crime was just recently being reported to police.

West Precinct
A 16-year-old boy was assaulted at a school on Holmes Avenue around noontime. Later that week police discovered five small bags of powdered cocaine and a small green pill during a traffic stop at I-565 in the early morning hours. Later that same week, Police investigated the theft of a 16-foot utility trailer, 12 used catalytic converters and an undetermined amount of scrap metal from an undisclosed location along Old Alabama 20.

Two vehicles, one at a home in the 6000 block of Rime Village Drive and another at a restaurant along Sanderson Street were burglarized several days apart. The first had its radio stolen, while the owner of the vehicle at the restaurant reported that a .40-caliber handgun had been taken.

Huntsville police blotter, AL.com, January 30, 2010

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As a Birmingham criminal defense lawyer, I have seen how the law can be used to the prosecution’s advantage. While I believe that every person accused of a crime should be considered innocent until proven guilty, I know that society can sometimes convict an individual in their own minds, as well as in the media, long before a verdict is rendered.

One area of the law that seems to favor the state is the apparent retroactive use of the sex offender statute. This has been the subject of many a heated debate within and outside of the halls of justice. But this is not just an academic question. There is real merit in asking whether or not the U.S. Supreme Court should overturn the retroactive application of this law.

Take the case of Thomas Carr, who was arrested in Alabama back in 2003 for inappropriate behavior with a 14-year-old girl. According to reports, the man was accused of touching the teen over her clothes. At the time, Carr pled guilty to 1st-degree sexual abuse. For his punishment, he was jailed and subsequently released from prison in July 2004 based on credit for time previously served.

As dictated by Alabama law, he registered himself as a sex offender three days after his release. Not long after, Carr moved to Ft. Wayne, Indiana, where he was arrested three years later for his involvement in a fight.

After checking Carr's criminal history, Indiana authorities discovered his previously conviction for a sex offense in Alabama, after which they realized that he had not registered as a sex offender under Indiana state law or the federal statute called the Sex Offender Registration and Notification Act (SORNA).

Under Indiana law, sex offenders who fail to register with the state within 10 days are subject to a year in prison, but SORNA requires sex offenders to register three days after they move -- failure to comply in a timely manner can result in up to 10 years behind bars.

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Sexually-based crimes are some of the most abhorrent to the public at large. As a result, accused sexual offenders throughout Alabama typically face harsh sentences for illegal acts such as sexual assault, child pornography, pedophilia, rape and incest. Being a Birmingham criminal defense attorney serving the residents of Alabama, I understand the stigma associated with these kinds of crimes. Even when a person is acquitted, he or she faces an uphill battle to regain the acceptance of friends, family and their local community.

Defending against cases of criminal sexual behavior is a serious business that requires dedication and an aggressive approach to the law. Not long ago, a man from out-of-state was convicted in an Alabama Federal Courtroom for having sex with a 15-year-old girl here in Alabama. Even with a plea agreement, the man received a staggering 30-year prison sentence.

According to news reports, 49-year-old William Joe Mitchell, a previously-convicted sex offender, met the teen online. Court records show that the man picked her up on October 1, 2007, and drove her into Alabama to have sex.

According to reports, police were able to catch the suspect by analyzing the girl's cellular phone records and found that in the days leading up to her disappearance, she had been communicating frequently with the suspect.

Authorities issued an Amber Alert and she was located the following day at a Walmart in Defuniak Springs, Fla. The girl reportedly told investigators that Mitchell claimed to be 23 years old while chatting with her online and that she realized he was much older when she met him. She claimed that Mitchell had threatened her. Getting into his car, Mitchell drove to a motel in Andalusia where the two had sex.

Mitchell, who was arrested five days later at a truck stop in Virginia, was initially slated to face state charges, but in the end his case was taken over by federal prosecutors. He was indicted by a federal grand jury in October 2008 and transported to Alabama for trial

He pleaded guilty Feb. 5 to one count of transportation with intent to engage in criminal sexual activity. Mitchell's criminal history apparently included a previous conviction in Florida for lewd or lascivious battery of a victim between 12 and 15 years of age. The sentencing memorandum stated that Mitchell's prior conviction made him potentially eligible for a mandatory life sentence. However, federal prosecutors were unable to rebut Mitchell's claim that the sex was consensual.

Convicted Offender Gets 30 Years for Sex With Polk Girl, 15, TheLedger.com, February 17, 2010

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Times are tough and it's not surprising that some people are resorting to pretty crimes to make ends meet. As an Alabama criminal defense attorney, I have the skills to represent individuals caught in the legal system as a result of alleged illegal activities. Whether you live in Montgomery, Tuscaloosa, Decatur, Gadsden, or Opelika, local law enforcement has little tolerance for crimes of all types.

From speeding tickets and minor vandalism to sex crimes and felonious assault, courts from Huntsville to Mobile are seeing more and more criminal cases. The number of persons going before criminal court judges will likely increase in the future thanks to new legislation being pushed by local politicians.

According to reports, Alabama officials are looking to increase the penalties for gang-related crimes, such as graffiti painting. Although not as serious as other crimes, such as grand larceny, child pornography and criminal sexual behavior, graffiti painting has become a highly visible act that authorities apparently want to wipe out.

Reportedly, local legislators are working on a bill that will provide specific penalties for gang-related activities, including harsher punishment for so-called vandals who paint graffiti.

At the time of the news article, Alabama Senator Roger Bedford of Russellville and Representative Johnny Mack Morrow of Red Bay, were poised to introduce the Alabama Streetgang Act, brought about due to the frequent instances of graffiti painting in Russellville, AL.

Alabama does not have specific penalties related to gang activity. The proposed law would deem it a criminal offense to participate in an organized group of criminals or assist such groups. The law is supposed to boost the punishment for graffiti, which gangs reportedly use to mark their territory, according to law enforcement agencies.

Over the last several months, groups identified as the "South Side 13," "Latin Kings," "18th Street" and "13th Street" have spray-painted various structures around the city, including sports parks, business establishments and billboards.

In one instance, police arrested four juveniles found coming out of an alley on Washington Street near a graffiti painted hardware store. According to Russellville police, the four were carrying bags containing spray-paint cans and also had paint on their hands and clothing.

Although the four youths allegedly admitted having painted graffiti on the local business, news reports indicate that police officials remain frustration that current laws would not allow them to made examples out of those four kids.

Based on news articles, the proposed law would recognize four new punishable offenses:

1) Graffiti damage of more than $2,500 would be a Class B felony
2) Graffiti damage between $500 and $2,500 would be a Class C felony
3) Graffiti damage less than $500 would be a misdemeanor
4) Possession and distribution of graffiti tools would be a Class A misdemeanor

Officials want stiffer graffiti punishment, TimesDaily.com, January 23, 2010

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As a Birmingham criminal defense lawyer, I know that a percentage of people arrested for various non-violent crimes were simply in the wrong place at the wrong time. In the eyes of law enforcement, however, there is no justification for breaking any Alabama law. But as a defense lawyer for individuals who have been accused of crimes, I know that a person’s motivations and actions can often fall into a gray area. This is why we have trials that allow defendants a chance to explain themselves.

Regardless of where you live or work -- Montgomery, Tuscaloosa, Auburn or Prichard, or anywhere across the state for that matter -- illegal gambling can and does lure many otherwise law abiding folks, which then makes a possible arrest and conviction something that can adversely impact a person’s life. Not long ago, Alabama’s Department of Public Safety (DPS) announced a number of raids on and continuing investigations of gambling dens in Macon and Houston counties.

According to reports, DPS and the Alcoholic Beverage Control Board took part in law enforcement operations at VictoryLand and Country Crossing, and has ongoing operations in these areas.

Part of the Governor's Task Force on Illegal Gambling, DPS officials say that the conducting of these raids on other law enforcement operations are usually held without notice, which is standard protocol. Usually police and other agencies will perform early-morning raids of suspected illicit gambling locations, catching the operators and their clients in the act.

The element of surprise is particularly important, according to police, because any evidence found as a result can contribute to the prosecution of other more serious crimes, such as theft, fraud, financial and tax crimes, not to mention public corruption.

Editorial: Ala. Dept of Public Safety & Gaming Raids, WSFA.com, February 02, 2010

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Local police and other Alabama law enforcement agencies are active on a daily basis pursuing individuals from Huntsville, Mobile, Bessemer and Tuscaloosa (among other cities) who are accused or suspected of criminal sexually behavior. Sex-based crimes are one of the more heavily prosecuted areas of criminal justice in Alabama and around the country.

As a Birmingham criminal defense lawyer, my goal is to provide an aggressive defense for each of my clients, many of whom profess their innocence outwardly. Fortunately, our system of laws provides every individual the opportunity to confront his or her accusers and to be considered innocent until proven guilty by a jury of their peers. This is applies to every kind of alleged crime, be it drug possession, grand larceny, sexual abuse or white collar criminal behavior.

A resident of Whistler, Alabama, who was convicted of attempting to have sex with a nine-year-old boy, successfully persuaded an appeals court recently to throw out two of three charges against him. According to reports, although the appeals court threw out two of the charges, that fact will not significantly reduce the man’s life prison sentence.

News reports indicate that Michael Ryan South was sentenced in 2008 to life in prison plus 10 years by a U.S. District Court judge. To make things worse for South, there is no parole in the federal system.

The recent appeal of South’s conviction resulted in the court throwing out his conviction on the second count of the indictment -- a charge of traveling with the intent to engage in a sexual act with a juvenile -- on grounds that it was same offense alleged in the first count, namely traveling with intent to engage in aggravated sexual abuse.

According to reports, the appellate judges in the recent appeals case allowed the man’s conviction on the first count to stand. The appeals court rejected a constitutional challenge to the conviction in which the man’s attorney argued that a life-without-parole sentence amounted to "cruel and unusual punishment."

Federal Court Digest: Sex offender sees 2 charges dropped, AL,com, February 15, 2010

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Due apparently to a lack of information sharing between Alabama and federal law enforcement authorities, hundreds if not thousands of people who are barred by law from buying hand guns, rifles and shotguns may have done so with scarcely a problem. According to a recent news report, Alabama failed to report thousands of individuals who are barred from firearms possession to the federal government. This situation could have allowed persons living in cities such as Montgomery, Tuscaloosa, Decatur and Prattville to buy firearms contrary to that allowed by law.

As a Birmingham criminal defense lawyer, I help many people across Alabama who have been accused of a crime. Not all of these individuals are guilty, and all are considered innocent until proven guilty in a court of law. This latest news article points up the confusion that is sometimes caused by the lack of communication between state and federal agencies.

According to reports, Federal authorities and gun control advocates believe that literally  thousands of potentially unstable mental patients who have been released from state institutions now have easy access to guns because of Alabama's narrowly defined reporting law.

In one instance, a former West Point graduate who served 18 years in the U.S. Army walked into a local Bass Pro Shop and bought a shotgun, pistol and rifle. Police reports indicate that the instant background check run by store personnel in Spanish Fort failed to flag the customer as a person barred from buying a gun. The reason for this, say law enforcement authorities, is due to the fact that Alabama reports just a small fraction of mental health commitments to a national database.

The 42-year-old military veteran, David Otto Gluth, Jr., was previously treated for post-traumatic stress disorder at the Walter Reed Army Medical Center. Additionally, a psychiatrist who treated him at the AltaPointe Health System in Mobile, AL, stated that Gluth might also suffer from bipolar disorder with psychotic features and other problems. In 2008, he was reportedly involuntarily committed to Searcy Hospital in Mount Vernon, which made him ineligible under federal law to buy or own a gun.

Police were made aware of the potentially mentally unstable individual after he allegedly got into an argument with another customer in the store, talking about his needing a steady hand to shoot someone. A spokesman for the tore said he was confident that the company followed the law.

According to gun control advocates, if a store employee observes strange and threatening behavior from a customer it is a good indication that the gun should not be sold. This was apparently borne when Fairhope police responded to complaints of an armed man walking around the Rock Creek subdivision. They arrested Gluth and booked him on a disorderly conduct charge.

Gun loophole: Alabama fails to report thousands who are barred from firearms possession, AL.com, January 17, 2010

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