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

As a Birmingham, AL, criminal defense lawyer serving clients accused of sexually-based offenses, I have first-hand experience with institutional and social bias against individuals charged with sex crimes in Alabama. Regardless of the severity of the charge, no one should take such an accusation lightly. Penalties for criminal sexual behavior can be harsh, costly and long-lasting. The social and employment consequences of a seemingly minor event, should one be convicted of a sex crime, can be life altering to say the least.

A recent article makes the point loud and clear. Never take chances with the law when you have been accused of criminal sexual behavior, and always consult a qualified Alabama criminal attorney in preparation to defend yourself against what is sure to be a full-blown criminal trial. The reason is simple: Society has zero tolerance for alleged criminal sexual activity and treats convicted offenders -- or predators -- as veritable outcasts in their own home towns and local communities.

Once convicted, a sex offender is required by law to file their name and address within 10 days at the local law enforcement office. If the person moves at a later date, he or she will be required to register in the state and county within seven days of establishing new residence. If this does not happen, that person would be in violation of the Community Notification Act.

People convicted sexually-based crimes must also follow other rules, such as not living in a home with children, although an offender can live with a minor child as long as the offender is a parent, step-parent or grandparent and as long as the offender's victim was not a child under his or her care or supervision at the time of the offense.

The restrictions continue. Offenders whose victims were children under the age of 12 cannot live with a minor, nor loiter in areas where children congregate, such as schools and playgrounds. Current law prohibits convicted sex offenders from living within 2,000 feet of high schools or elementary schools. And if that wasn’t limiting enough, another law recently passed by the Alabama Legislature now prohibits sex offenders from living within 2,000 feet of a college or university.

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A former Shelby County resident was recently arrested by U.S. Marshals as part of a sex crimes task force operation in a neighboring state. The capture of one of Alabama’s “most wanted” criminals was carried out with the help of the U.S. Marshals Regional Task Force in Birmingham, Alabama, and with the cooperation of the Shelby County Sheriffs Office. The former Alabama resident and fugitive was captured in Louisiana on charges of second degree sodomy and second degree rape stemming from a case in Shelby County. The suspect, Jack Copeland, will be extradited back to Alabama to stand trial for these alleged sex crimes.

As an Alabama criminal defense lawyer based in Birmingham, I have represented many clients accused of criminal sexual behavior. Although the media tend to paint most sex crime suspects as guilty from the get-go, the law demands that everyone be treated as innocent until proven guilty. We’ve all heard of trial by the press, but in my world the only proper trial is one held in a court of law. Still, there is no getting around charges of second degree criminal sexual behavior.

Rape in the second degree is a Class B felony. For an adult such as Mr. Copeland, this is defined as engaging in sexual intercourse with a member of the opposite sex who is less than 16 years of age and more than 12 years old. It can also cover an instance of sexual intercourse with a member of the opposite sex who is unable to consent because of certain mental deficiencies.

According to a press release from the U.S. Department of Justice, Mr. Copeland was arrested in the afternoon of July 15 at an apartment complex in Lafayette, LA. The arrest was carried out by U.S. Marshals from the Western District of Louisiana’s Fugitive Task Force in Lafayette. The 37-year-old is wanted here for sex crimes and in Florida for several felonies including possession of a controlled substance and domestic battery. He was booked U.S. Marshal Task Force Officers booked Copeland into the Lafayette Parish Correctional Center where he will be extradited back to Alabama, then Florida to face his charges.

Alabama’s Most Wanted Arrested by U.S. Marshals in Lafayette, USMarshals.gov, July 15, 2009

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A registered sex offender was arrested on June 30 in Town Creek, Alabama, as a result of neighbors’ allegations that children were staying with him. The 47-year-old was remanded to the Lawrence County Jail recently with bail set at $15,000. Charged with adult criminal sex offender-prohibited residence, Stephen Wayne Caldwell must now arrange for a new place to live -- the location of his home, according to police reports, was in violation of Alabama laws governing persons convicted of sex crimes.

Having spent my career as a Birmingham, AL, criminal defense lawyer, I know a great deal about sex crimes defense and the penalties that convicted sex offenders typically face. I make every effort to provide an aggressive defense for individuals accused of sex crimes, but a person must also make an effort to improve their situation going forward. In this instance, the man apparently did not follow the rules set by the State of Alabama and register his residence with authorities -- this is a requirement for persons convicted of a sex crime.

Previously convicted in a Kentucky federal court for possession and distribution of child pornography back in 1997, Caldwell has about six weeks to submit a new address to Alabama law enforcement, which is required for all convicted sex offenders living in this state. More importantly, he may end up facing additional legal complications due to allegations that his roommate’s children were staying in the same residence with him. But this remains to be determined.

In any case, I always recommend that anyone accused of a crime should seek the services of a qualified and experienced criminal attorney. The state has a great deal of resources, which is why you need to have a tough litigator on your side.

Registered sex offender arrested after kids spend night at house, TimesDaily.com, July 9, 2009

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The Colbert County Sheriff’s Department and other drug enforcement personnel are looking for suspects who may have had a hand in the cultivation of a vast garden of marijuana in Barton, Alabama. Based on an anonymous tip, officers recently discovered the “weed” patch located on TVA property that had nearly 100 marijuana plants growing in a wooded area just off U.S. Highway 72. According to reports, the plants were six to eight feet high and had a total street value of nearly $100,000. Police said that the plot of land was well cared for, having probably been watered and fertilized on a fairly regular basis.

Being an experienced criminal defense attorney in the Birmingham area, I have represented clients accused of similar activities. Some people believe that marijuana should be legalized -- and, in fact, it has been made legal in some states for medicinal use -- but regardless of your politics, unlawful manufacture of a controlled substance is treated as a felony. Any person arrested for a felony should seek professional legal help.

I believe that everyone deserves to have their day in court, which is why I make every effort to provide an aggressive defense for all of my clients. In this case, there haven’t been any arrests, but the police are asking the public to step forward with any information leading to the apprehension of these marijuana growers.

Based on news reports, law enforcement authorities have apparently destroyed all of the plants found in that one area, which means that the responsible person or persons may have moved on. Until those individuals are found, police will continue to rely on tips from the community, as well as helicopter flyovers to detect additional patches of illicit drug crops.

Marijuana plants found growing in Colbert County, WAFF.com, July 2, 2009

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A Mobile, Alabama, man was recently charged with murder following a fatal pickup truck crash in Grand Bay, AL, that killed two passengers, as well as seriously injuring the driver and a third passenger. The wreck occurred in the early evening of May 29 when a truck driven by 29-year-old Carl Miller left Ramsey Road and hit a tree at a high rate of speed, killing his two cousins, Billy J. Miller, 17, and Joseph Miller, 20.

According to reports, the Mobile County District Attorney's office alleges that Miller was under the influence of alcohol and marijuana at the time of the accident. The police investigation revealed that the truck was traveling between 90-100 mph prior to going off the road and hitting the tree. Authorities also said that none of the truck’s occupants was wearing a seatbelt.

This is a tragedy of the first order. Three of the people, the two victims and the driver, were relatives, and that family has suffered a terrible loss. Obviously, the driver exhibited poor judgment, but to charge him with two counts of murder is an added blow to the families and relatives of these men. In addition, Miller was charged with leaving the scene of an automobile injury accident.

As a Birmingham criminal and DUI defense lawyer, I have represented clients in this type of situation before. There is no doubt that the allegations pose a huge challenge to this man’s defense, but that is why criminal attorneys like myself have devoted entire careers to helping those individuals accused of a crime, even when the odds appear stacked against them.

For Mr. Miller, police say he was drunk and maybe under the influence of marijuana. Add to that the allegation that he left the scene of the accident and it would seem that he is guilty. But there could be plausible reasons for his leaving. Of course, guilt is one possibility, but maybe he left because he wanted to get help for himself and the other men -- he and the other survivor of the crash both had serious injuries. Frankly, we won’t know the details until his trial.

Mobile Man Charged With Murder In Deadly Wreck, WKRG.com, June 1, 2009

Murder charges filed against driver in double fatality, AL.com, May 31, 2009
 

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