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

Two men have been arrested on charges of stealing copper from the Oak Grove and Adger communities of Jefferson County, The Birmingham News reports.

As the Alabama DUI & Criminal Defense Law Blog recently reported, a copper thief hit some AT&T lines, interrupting phone service for hours near Princeton Baptist Medical Center.

Because metals are increasing in value, many people have resorted to trying to steal them. But an arrest offers no proof, it is only the law enforcement officer's opinion of who committed the crime. And the standard of proof for an arrest is only reasonable cause, a very low standard. Proof beyond all reasonable doubt is what is necessary for a person to be convicted of theft in Birmingham.

Handling these types of cases alone is a bad option. Hiring an experienced and aggressive Criminal Defense Attorney in Birmingham will ensure the defendant receives sound legal advice about their case.

In this case, a 32-year-old and 33-year-old were arrested and charged with stealing copper cable from mines. One of the men is from Quinton and the other from Dora.

According to the news report, during an August 8 attempted robbery, one of the men allegedly triggered an alarm, which caused a security guard to call authorities. The guard was able to provide enough information for deputies to identify the men, sheriff's deputies told the newspaper. Surveillance cameras and information from the witness led to the arrests.

One of the men is charged with attempted theft, burglary, theft of property and receiving stolen property. The other faces charges of unlawful possession of a controlled substance, attempted theft of property, resisting arrest, burglary and unlawful possession of drug paraphernalia.

Although stealing copper may seem to be a non-dangerous crime, authorities say that it can be frustrating to customers of phone companies, and a threat to miners. If copper wiring is stolen in mines, it can cut off ventilation systems and other safety measures for people working in the mines.

In Alabama, the penalties for theft range based on the value of the property stolen. A third-degree charge means stealing less than $500, second-degree theft is stealing between $500 and $2,500 in property and a first-degree charge means stealing more than $2,500 in property or a vehicle. The penalties can range from months in jail to years in prison, depending on the value.

And another point to make is that in theft charges in Birmingham, authorities can seek to seize assets or seek restitution if they can show a victim lost a certain amount of money or value during the crime. That means a person can be convicted, serve time in prison, get out and have to start making payments while they're trying to get a job and get back on their feet.

Obviously, it's tough to find a job at all right now, so trying to find a job after being a convicted felon can be almost impossible. Add to that having to make restitution payments or losing your house or vehicles to forfeiture proceedings and the consequences can pile up. That's why an aggressive defense is necessary when dealing with the charges in the first place.

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A man facing more than three dozen warrants for his arrest in six states was recently arrested in Mississippi, The Advertiser reports.

According to the news article, most of the warrants pertain to the man allegedly writing bad checks in Alabama and in several other states. Hiring an experienced Birmingham Criminal Defense Attorney to defend these cases is important in order to ensure the rights of the accused are being upheld.

Trying to pass worthless checks in Alabama is punishable as a misdemeanor, but most people don't face just one count. Therefore, the penalties can stack up if law enforcement charge a person with multiple counts.

In Alabama, writing a bad check falls under the definition in Alabama Code 13A-9-13.1. Under that law, writing a bad check is written as "negotiating worthless negotiable instrument."

The law says that if someone passes a "negotiable instrument" -- a check -- that they know is worthless, they can be found guilty of the crime. The elements of the crime require that the person knows their check is bad expecting that it won't be honored.

The scenarios under which the check wouldn't be honored include if there is no actual account from which to draw money, if payment was refused for lack of funds or if notice of refused payment is mailed and returned undelivered.

According to the news article, the Calhoun County Sheriff's Office, which is in Mississippi, got a complaint of a person who was trying to cash counterfeit checks. When they arrived, they chased a suspect in a vehicle, after which a man and a woman, both from Lucedale, Mississippi, were apprehended.

The man had 41 warrants for his arrest at the time. In January, authorities sought the public's help identifying a person who cashed counterfeit FedEx payroll checks in Cecilia, Louisiana. He allegedly had 19 warrants for using fraudulent checks in Alabama, Arkansas, Kentucky, Louisiana, Mississippi and Tennessee.

The article states that the United States Secret Service and U.S. Attorney's Office are now investigating the man. Perhaps because he is wanted in so many states, they are considering prosecution.

Obviously, most people don't have 41 warrants out for their arrest, but in the case of writing or trying to cash bad checks, it is possible. Many people are accused of committing the crime many times and usually aren't charged with just one count. Therefore, if the number of charges increase, so do the possible penalties. As the article states, the man may soon face federal charges in Alabama.

These types of charges must be diligently defended. In many of these cases, video surveillance or eyewitness testimony will come into play and be a major element of the state's case against a defendant. Being able to positively identify a person as the one who attempted to pass a bad check is most of the battle for law enforcement.

But if witnesses' identifications vary, even if one clerk says the man had a beard and another said he had a mustache, there's cause for doubt. And the standard in the criminal justice system in this country is proof beyond all reasonable doubt. Getting some of the charges dismissed will be another defense strategy; it's unlikely prosecutors have made, or care to present, all 40+ cases.  If witnesses can't agree on what the suspect looks like, that's doubt. There are many elements to a strong defense and they vary depending on the particular facts of the case. Trust in an experienced Birmingham Criminal Defense Attorney.

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Two young adults were arrested recently in Calera, south of Birmingham, after they were allegedly involved in a string of Waffle House robberies in the Atlanta area, The Atlanta Journal-Constitution reports.

Charges of robbery in Birmingham are among the most serious felonies on the books in Alabama because they are defined as taking property from a person, as opposed to burglary, which is taking property when a person isn't around. Either way, these are charges that require the experience of a Birmingham Criminal Defense Attorney who can defend the case aggressively.

The suspects, who are 19 and 21, are from Ellenwood, Georgia, but they were arrested in Calera by local police recently, the article states. According to police, 18 Waffle Houses have reportedly been robbed in six Atlanta metro counties, Auburn, Alabama and La Grange, Georgia. Police are considering whether the two suspects may have been involved in the other holdups.

Recently, a man with a shirt tied around his face approached an employee and allegedly cocked a gun and told the man to run away at a Waffle House in Gwinnett County, Georgia. Video surveillance reportedly shows two men walking into the restaurant and unsuccessfully trying to open the register before stealing a laptop. No one was injured.

A day earlier, a Waffle House in Marietta was robbed after a man ate his meal and paid. He allegedly pointed a gun at employees and demanded cash. Police say the Waffle House robberies appear similar in that the suspects would place an order at the counter in the early morning hours and wait for the food to be prepared before trying to rob the employees.

The article doesn't make clear how police tracked the suspects to Calera, which is about a good three-hour drive from the Atlanta area. The article provides no details about how the suspects were connected to the robberies.

It's important to note that theft crimes in Birmingham are treated seriously by Alabama law. There are different tiers of robbery in Alabama, but all are felonies punishable by years in prison, if convicted.

Third-degree robbery means stealing by force. Second-degree robbery is defined by committing a third-degree felony with the help of another person, while first-degree robbery means committing the crime while using a weapon or injuring someone. The penalties in Alabama range from up to 10 years in prison to life in prison.

As you can see, they are very serious, so the charges must be defended properly. That means debating the strength of the evidence, including the video surveillance, how well the suspects may be matched to those on tape, whether there's any DNA or fingerprint evidence, if witness descriptions match the defendants and other details of the case.

In high-profile cases, especially when big corporations are involved, police officials tend to get antsy and want their detectives to quickly solve a case. They want to solve all cases, but they do prioritize. And in cases that are getting media attention, the pressure is even higher. That can sometimes lead to detectives making a stretch when they arrest someone, which is why they must be held accountable for their actions. That means hiring an experienced Birmingham Defense Attorney to stand by the defendant's side.

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A person who stole copper telephone wires caused phone service interruption to about 600 customers recently around Princeton Baptist Medical Center, The Birmingham News reports.

The theft of household items, including copper, aluminum, brass and bronze has increased nationwide, likely as a result of the increased value of these metals as well as the high unemployment rate, which is 10.2 percent in Jefferson County and 10.5 percent statewide, according to the Alabama Department of Industrial Relations.

Theft crimes in Birmingham are punishable as misdemeanors and felonies, depending on the facts of the particular case. And the difference between how the charge is filed can make the difference between possible jail time and long stays in a state prison. That's why hiring an aggressive Birmingham Criminal Defense Attorney should be a defendant's first action after arrest.

According to the newspaper, the wire was stolen in the alley behind 1232 Princeton Avenue and the repairs by the telephone company took nearly 15 hours. Officials say about 165 pounds of copper were stolen and AT&T officials have offered a $5,000 reward for information leading to an arrest.

While the theft of metal from homes or businesses can be profitable for the thieves, it can also be dangerous. In cases where transmission or communications are interrupted, a defendant may also face more serious criminal charges.

Therefore, when an arrest is made, it should be scrutinized by an experienced attorney. That's because without catching someone in the act, prosecution and conviction become more difficult.  Without any physical evidence, prosecutors sometimes have difficulty securing convictions.

But even an arrest can lead to public ridicule and loss of employment and problems for the defendant. That's why scrutinizing the case, starting with the police investigation, is the primary job of a client's attorney.

In theft cases, especially burglaries and robberies, the state sometimes leans on co-defendants as the main witnesses in a case, which can be problematic for the state. These witnesses are paid by their freedom -- or lessened prison sentence -- and therefore have a lot to lose by not saying what the prosecution wants them to.

Even physical evidence can be challenged, such as how police obtained the evidence and whether they had probable cause to obtain it. Search warrants must be challenged as to the information police provided the judge to get them to allow police to riffle through the personal property of a person they consider a suspect.

In Alabama, there are different forms of theft and different penalties:

Theft of property in the first degree: Stealing more than $2,500 in value from another person or the theft of a vehicle. It can also be conspiring with another person to sell the items and the total value of items stolen over 180 days is $1,000. It is a Class B felony.

Theft of property in the second degree: Stealing more than $500 in property and less than $2,500. That can include stealing a credit or debit card, firearm and livestock. It is a Class C felony.

Theft of property in the third degree: Stealing less than $500 in property and it constitutes a Class A misdemeanor.

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A Center Point man was arrested recently after a burglary attempt and police believe he may be tied to dozens of Jefferson County and Birmingham burglaries, The Birmingham News reports.

Theft crimes in Alabama can range from a shoplifting misdemeanor to a felony burglary or robbery. And with the change in the severity of the crime, so do the penalties increase. That's why hiring an experienced and diligent Birmingham Theft Defense Attorney is the most important first step in a successful defense to burglary charges throughout Alabama.

In this case, authorities allege that a 35-year-old man took part in a crime spree from May to August in which he sent a series of text messages to his girlfriend, who allegedly acted as a lookout for the operation. The man has been charged with burglary, while his girlfriend has acted as a state's witness and hasn't been charged.

"They used cell phones to communicate by text message," Jefferson County Chief Deputy Randy Christian told The Birmingham News. "It appears that she forgot to delete the text messages and has recorded an electronic history of this, and several other burglaries in the Center Point area over the past few months."

After a recent burglary in the Grayson Valley area, deputies were called and spotted a vehicle that matched the description of a vehicle seen leaving the scene with a man and woman. After stopping the vehicle, which allegedly contained a pry bar, the two were taken to headquarters for questioning.

According to the news article, workers at a recycling center confirmed the couple had been in that day and gave investigators a list of items they had sold -- mainly copper. The girlfriend has reportedly been pointing out houses the two drove to, though authorities don't believe she entered any of the houses.

Regardless, the fact that the girlfriend in this case isn't facing criminal charges -- that she hasn't even been arrested and then decided to cooperate -- means her credibility must be questioned by an experienced Birmingham criminal defense attorney. The fact that authorities appear to be treating her as a witness rather than a co-defendant is interesting.

She has a lot to gain by telling police exactly what they want to hear and a lot to lose if she doesn't deliver a conviction, as it will likely be her words that the state uses in its prosecution of the defendant.

Co-defendants in any criminal case are a sticky situation for prosecutors. On the one hand, their case is weakened without their help, but on the other hand, their credibility is poor, at best. Therefore, an aggressive attorney will exploit this in defense of the client.

In Alabama, burglary in the first-degree is governed by Alabama Code Section 13A-7-5 and is considered a Class A felony -- punishable by 10 years to life in prison. There is burglary in the second-degree and third degree, which are defined in Alabama Code Section 13A-7-6 and 13A-7-7. Third-degree burglary is a class C felony in Alabama, punishable by 1 to 10 years in prison and fines of up to $15,000.

The article only states the man is charged with burglary and it doesn't state which class felony. Also, while authorities believe he may be involved in other burglaries, he is only charged with one at this time. Potentially facing dozens of burglary charges, this defendant must rely on an attorney for sound legal counsel and aggressive defense.

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The Tuscaloosa News recently reported about a woman dressed as a man who has been robbing banks in the area.

Theft crimes in Alabama can be anything from shoplifting to armed robbery. And the severity of the charges vary depending on many factors, including whether weapons are used or threats of violence are made by the suspects. Hiring an experienced and aggressive Birmingham Robbery Defense Attorney is important in order to protect the rights of the defendant and ensure justice is done.

According to the news report, a woman with a fake beard and dressed like a man threatened bank tellers recently that she had a bomb during a robbery at the Cottondale branch of the Bank of Tuscaloosa. Authorities believe the woman could be linked to another bank robbery from earlier this month.

Law enforcement reports that the woman, who had a "drawn-on" beard entered the bank and demanded money while placing a device on the counter. After leaving the bank with an undisclosed amount of money, she fled in a maroon vehicle with tinted windows.

While the bank robber threatened that the device was a bomb, police determined it was not. FBI investigators suspect this bank robber is the same who robbed a bank in Brookwood on July 19. While witnesses described that suspect as a man, whose image was captured by surveillance cameras, they believe it may be the same woman who robbed the Cottondale bank.

Bank robbery is tricky because people arrested are charged federally as opposed to in state court because money secured in banks is federally insured. So, the FBI will typically investigate these cases, along with local law enforcement. U.S. Code Title 18, Section 2113 defines bank robbery and tells what financial institutions are covered by federal statutes. Depending on the facts of the case, a person can face up to 25 years in federal prison for bank robbery.

But other theft crimes in Alabama can be pursued by state prosecutors. That can be stealing from a convenience store all the way to breaking into someone's house with force, while armed, and committing a robbery.

State laws define robbery in Section 13A-8 and can be charged as a third-degree, second-degree or first-degree felony:

Third-degree robbery: Committing a theft while using force or threatening force

Second-degree robbery: Committing a third-degree robbery while aided by another person who is present

First-degree robbery: Committing a third-degree robbery while armed or if causing serious physical injury.

A Class C felony is punishable by up to 10 years in prison, while a Class B is punishable by 2 to 20 years in prison and a Class A felony is punishable by up to life in prison.

Obviously, with the penalties so severe, aggressively defending against the charges is critical. In cases where witnesses allegedly saw what happened, their statements to police, coupled with the evidence that may contradict them, can be used to disprove the state's theories. The state sometimes lacks important evidence that can lead to not guilty verdicts at trial. Exploring all options and all possible defenses to the charges is the job of diligent criminal defense attorney in all criminal cases in Birmingham.

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At least a dozen people were arrested on charges of delinquent child support payments recently after Lee County Sheriff's deputies conducted a sting that promised tickets to the 2011 Iron Bowl, the Opelika-Auburn News reports.

Birmingham Criminal Defense Lawyers understand that law enforcement officer are constantly looking for ways to arrest people and tend to come up with unique stings to try to wrangle up as many suspects as possible. Whether it's child support, prostitution or drug charges in Birmingham, police will attempt to make as many arrests as possible.

But what must be considered if arrested in some type of sting is whether or not law enforcement officers entrapped suspects. While entrapment is tricky to prove sometimes, an aggressive criminal defense attorney will explore all evidence presented by the state and seek to eliminate evidence that could be incriminating to defendants.

In this case, sheriff's in Lee County -- home of the Auburn Tigers -- sent letters to 140 people who had warrants out for their arrest for allegedly being behind on child support payments. According to the article, the suspects were between $30,000 and $75,000 behind on payments.

While many of the letters were returned due to bad addresses, they promised free tickets to the Iron Bowl -- the annual Alabama-Auburn football matchup -- for the upcoming season. All the person had to do is return the letter with a photo ID. The location, in Opelika, was Iron Bowl-themed, with balloons and streamers and a TV playing highlights of the 2010 Iron Bowl.

But when they arrived, the people were arrested and none were given tickets to the annual football game. While many people would covet free tickets to the game -- which has been played as far back as 1893 and which is led by Alabama with an all-time record of 40-34-1 -- file this under the "if it's too good to be true, it probably isn't" category.

Police will come up with any type of scheme to make arrests like this, but these operations typically are high trickery and low on good police work. While law enforcement agencies like to invite the media to these operations to get good press and build up good will with the public, they sometimes leave out all the details of how they got the arrests. And no one is around to do a story when the defendant is found not guilty or the charges are dismissed months later.

Entrapment is essentially when police get a person to commit a crime they would otherwise have been unlikely to commit. That's not the case with back child support but you get the idea. Sometimes had a person not been influenced to commit the crime, they can be found not guilty. For instance, during a drug sting, if an undercover police officer calls up a defendant and asks for drugs, the person may be found not guilty because he or she was enticed into or pressured into coming to the drug sale.

Each case varies, but whether drugs, prostitution, police actions when making an arrest or a group of arrests must be scrutinized. An aggressive Birmingham Criminal Defense Attorney will look at all aspects of the case and seek the best possible resolution for the client.

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The Opelika-Auburn News recently reported that four men from Atlanta have been charged with third-degree burglary and possession of burglar's tools in connection with an incident in Auburn.

Theft crimes in Opelika can range from a simple shoplifting case to a complex burglary or robbery case. Whatever the severity of the charges, any crime should be aggressively defended by an experienced Birmingham Criminal Defense Attorney.

According to the news article, the four men, ranging in age from 18 to 45, were arrested after Auburn police stopped the rental car driven by one of the men. According to the article, Auburn police discovered that someone cut into the rear of the Swanson Diamond Center and the officer heard someone fleeing.

About 20 minutes later, police stopped a car matching a vehicle description allegedly used in connection with the break-in. Police wouldn't tell the newspaper whether the men had any property from the business in their possession when they were stopped. Police said the men had tin snips, a device that could have been used to cut through the sheet metal of the business, when they were arrested.

Authorities have seen an uptick in criminals traveling from Atlanta to commit crimes in the Auburn and Opelika area, the newspaper reports. And they hope that by making arrests, they can cut down on future crime there.

Burglary in the first-degree is governed by Alabama Code Section 13A-7-5 and is considered a Class A felony, which is punishable by between 10 years and life in prison. There is burglary in the second-degree and third degree, which are considered less-serious crimes. They are defined in Alabama Code Section 13A-7-6 and 13A-7-7.

Third-degree burglary, which is the charge the men face, is defined as a person who "knowingly enters or remains unlawfully in a building with intent to commit a crime therein." It is a class C felony in Alabama, punishable by 1 to 10 years in prison and fines of up to $15,000.

In this case, it will be interesting to see what property, if any, police may have found inside the vehicle that can be traced back to the store. An experienced attorney will also challenge the probable cause for the traffic stop.

Police must have probable cause to pull over a vehicle they suspect contains suspects of a crime. Simply seeing the defendants who are in the vehicle or having a vague description of a vehicle that may be involved in a crime may not be sufficient.

And if police don't find any stolen goods inside the vehicle that is stopped, the case can fall apart altogether. It is important in cases where a defendant isn't caught red-handed committing the crime not to make a statement to detectives. They are allowed to lie to suspects and they are trained to coerce confessions out of defendants.

When detectives have little evidence to secure a conviction, but are facing pressure from above to get a confession, they can get desperate.  Invoke your right to remain silent and consult with an experienced Birmingham Criminal Defense Attorney.

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A Birmingham man was arrested in Homewood recently after police allege he was caught in a hotel room with components used to make methamphetamine.

Drug charges in Birmingham are complex because they vary based on many factors, including the type of drug, the quantity police find, where they are being sold or purchased, the defendant's criminal history and other factors. Aggressively defending these cases with a Birmingham Criminal Defense Attorney is the only way to protect one's rights and fight the evidence brought by police and prosecutors.

According to the news report, the 28-year-old man faces a charge of unlawful manufacturing of a controlled substance. The article states that Homewood's narcotics unit, tactical team and special operations unit carried out a search warrant on the hotel room.

Inside the hotel room, officials said they found items that are commonly used to manufacture methamphetamine:

• Coleman fuel
• Ice packs
• Liquid drain opener
• tubing
• lithium batteries
• household lye
• coffee filters
• hydrogen peroxide
• wire cutters
• empty pseudoephedrine

According to Alabama Code 13A-12-217, a person is guilty of unlawful manufacture of a controlled substance in the second degree if they:

• Manufacture a controlled substance enumerated in schedules I to V
• Possess precursor substances as determined in Section 20-2-181, in any amount with the intent to unlawfully manufacture a controlled substance

Someone convicted of this crime is guilty of unlawful manufacture of a controlled substance in the second degree, a class B felony. A class B felony can be punishable by two to 20 years in prison.

As with any crime, many aspects of the evidence can be challenged. In cases involving drugs like this one, the actions that police officers take in seeking a search warrant, what lead them to consider the suspect committed a crime and other aspects of their operation should be scrutinized.

What evidence is collected may be excluded from trial, depending on whether officers followed proper protocols. A defendant's statement to police, if a suspect gives a statement, may possibly be excluded, which can be advantageous to the defendant.

Someone being suspected for a drug crime shouldn't provide a statement to police because it can and will be used against them in court. If being investigated, a defendant should immediately consult with an experienced Birmingham Criminal Defense Attorney.

Not giving a statement to police and deciding whether or not to testify at trial could provide an important advantage to defendants by catching the prosecution off-guard. Of course, no defendant is required to testify because the state has the burden to prove the charges beyond a reasonable doubt.

The penalties for drug charges can vary depending on the type of substance alleged to have been manufacture, sold or purchased, the quantity and where it is being sold. Alabama law allows the state to increase penalties for certain types of drugs like cocaine and heroin compared to, for instance, marijuana.

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