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

A Birmingham doctor was arrested last week and is facing charges for allegedly illegally distributing and trafficking prescription drugs in Alabama, according to FOX6.  The doctor was taken into custody at his office by investigators and DEA agents, according to the Shelby County Sheriff's Office. 

Investigators are saying that he facing is three counts of Trafficking in a Controlled Substance and three counts of Unlawful Distribution of a Controlled Substance. 

Our Birmingham criminal defense attorneys understand that as authorities look to crack down on pain clinics and so called pill mills in Birmingham and elsewhere in Alabama, those in the medical profession are at increased risk of being unfairly targeted.

"This is a doctor who was handing out pills," said Lt. Chris George, commander of the Shelby County Drug Enforcement Task Force. That's what doctors do. It's a fine line. And a line often best left to medical professionals than to narcotics detectives.

The Drug Enforcement Task Force started investigating this case back in December of 2010.  Investigators claimed to have determine that the doctor was not operating his clinic in accordance to the rules set by the DEA and violated many state statutes under the Code of Alabama.

He was supposedly running an opiate treatment clinic in Chelsea.  He is being held on a $300,000 bond in the Shelby County Jail.  A grand jury indicted the doctor after hearing his case earlier this week, according to the Shelby County Reporter.

“Prescription drug diversion is extremely profitable and unfortunately costly to those who become addicted to prescriptions drugs,” said drug task force commander Lt. Chris George. “This clinic was being used to facilitate the distribution of some very addictive controlled drugs.  I am thankful for the work of our investigators as well as the work conducted by the DEA and Board of Pharmacy.”

If you're currently facing charges for operating a pain clinic or a pill mill, it is critical for you to speak with an experienced attorney immediately as such charges can drastically affect the life and practice of an innocent doctor. Unfortunately, medical professionals are often unfamiliar with the legal system and believe they can talk their way out of trouble.

You have the right to remain silent. Exercise it.

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The family of an elderly man called 911 earlier this week after the victim claimed his nephew gouged out his eyes with a spoon, according to Fox 19.  The 79-year-old uncle is being treated in the intensive care unit at USA Medical Center in Mobile and is listed in serious condition.  The nephew is in police custody and is facing assault charges with no bond.

The nephew reportedly has no previous arrests for violent crimes, but had been arrested before for resisting arrest, failure to obey a policeman and disorderly conduct. An investigation is underway into the Alabama elder abuse incident.

Our Birmingham criminal defense attorneys understand that this case, similar to cases sometimes sensationalized in the media, shows a younger relative being accused of neglecting or abusing an older relative.  As these accusations are common, it is important to consider all contributing factors as such claims can oftentimes be misleading.

We understand that caring for a loved one, full-time, can be exhausting and can take quite a toll on your personal life.  A caregiver oftentimes devotes themselves to care for, without pay, a disabled or chronically ill family member.  Demands are overwhelming and you can find you've gotten yourself in over your head.  Burn out can often occur and can cause mental and physical damage to a caregivers health. 

Providing constant care to a family member can result in burnout and even emotional problems.  It is important to understand and recognize the signs of burn out and seek proper help and relaxation once symptoms begin to surface. A burnt out caregiver will have a tendency to have less energy, is more prone to sicknesses, neglects personal needs, becomes impatient or irritable, feels overwhelmed or helpless or will  believe that their life is made up entirely of care giving and nothing else.

The National Family Caregiver's Association offers you these tips to help preserve your health as a caregiver:

-Be cautious of any signs pointing to depression.  Do not delay in seeking professional help for yourself if such symptoms arise.

-Get educated.  Learn about your loved one's conditions so you're able to not only communicate better with them, but with their doctors as well.

- Go with your instincts as most of the time they're right and will lead you in the right direction.

-Grieve for your losses, and move on.  Dream new dreams.  Don't let things affect every aspect of your life as it's sure to result in diminishing health.

-Be sure to stand up for your rights as a caregiver.  You're a person too, and should have the same rights as everyone else.  Live your life.

-Seek support from others, especially other caregivers.  Networking with others can help you to get a better understanding about care giving and help you to learn new tips and techniques.

-Be good to your back as caregivers often do a lot of lifting.

-When other people offer help, accept it.  Don't be afraid to ask specific favors from those who are willing.

-Being a caregiver is a full-time job.  Remember to take breaks, you deserve them.

As it is not unusual for a caregiver to be accused of neglecting or abusing an older relative, it is important to understand that many times these accusations can be proven false because of the mental and physical state of the relative.  Falsifying claims may not be entirely their fault as they may not know any better.

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Earlier this month, two young teenage boys were taken into custody for allegedly committing three separate robberies, according to CBS42.  The first incident occurred after a citizen reported being robbed.  The two suspects are accused of taking the victim's car at gunpoint.  The next day, the second incident was reported by another victim who claimed to be robbed on the very same street.  He, too, was also reportedly stripped of his vehicle at gunpoint.  A third victim claimed to had been carjacked by the same two on a different street.

Authorities initiated a traffic stop and took the two suspects into custody without incident. They are being charged with three robberies, according to the Birmingham Police Department.  All three vehicles have been recovered.

Our juvenile defense lawyers in Birmingham understand that property crimes are among the most frequently reported crimes in Alabama. However, there is a big difference in degrees of theft crimes -- shoplifting and robbery, for example. Or auto theft and carjacking. In general, a weapon or the use or threat of force can result in much more serious charges being filed.

A second group of young accused burglars were taken into custody earlier this month, too.  These four teens are accused of breaking into a home and stealing roughly $200 worth of items, as well as beating up the homeowner, according to The Anniston Star.

The fourth suspect was finally apprehended after a tip led officials to the three boys.  The two older suspects sit in the Anniston City Jail.  The two 16-year-old boys will be charged as adults because the home invasion and alleged beating of the homeowner qualifies it as a first-degree burglary, according to Sgt. Fred Forsythe.  The two younger boys, one 15 and one 14-years-old remain in custody at the Coosa Valley Youth Services and are being charged as juveniles.

Theft Crimes in Alabama may include:

-Armed burglary

-Robbery

-Armed robbery (with a weapon)

-Armed robbery (with a deadly weapon)

-Burglary of a house or dwelling

Burglary can be defined as the act of unlawfully entering or breaking into a building with the intent to commit a crime.  Because of this loopy definition, a burglary does not have to involve a theft crime.

Robbery is most commonly defined as the act of stealing property directly from another person. A theft crime therefore becomes as a robbery when there is violence or the threat of violence. Robbery can occur in homes, stores and to individuals.

The punishment of each of these charges can vary dramatically as well.  Sentences be as severe as life in prison.  An experienced attorney can help to defend your case aggressively with the intent of having your charges decreased or dismissed altogether.

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After receiving a report of a possible meth lab, the Baldwin County Drug Task Force stumbled upon 2 local residents (allegedly) injecting methamphetamine in their Rabun home, according to Alabama Live.  They're facing numerous Alabama drug charges, including charges of first-degree manufacture of a controlled substance, possession of a controlled substance and possession of drug paraphernalia.  One was released on a $10,500 bail, the other is still sitting in the Baldwin County Corrections Center with a $31,000 tag.

A third Alabama man was recently apprehended after allegedly being caught with several bags of marijuana.  He is currently facing charges of trafficking marijuana, marijuana possession, and carrying a pistol without a permit, also reports Alabama Live.  His total bail was set at $2,931 as he had outstanding warrants for various traffic violations.

Our Birmingham criminal defense attorneys urge you to contact an attorney immediately if you're facing drug charges in the state of Alabama.   Probable cause for the searches will certainly be a reason for challenging these cases. When it can be shown that law enforcement acted inappropriately, or without probable cause, in searching your home, vehicle or person, the resulting evidence can be thrown out of court. In such cases, the resulting criminal charges are often reduced or dismissed. 

Receipt of a controlled substance or unlawful possession is the most commonly charged narcotics violation in Alabama.  The federal or state government may list any substance as a controlled substance, including drugs that are not accompanied by a valid prescription.  Penalties can change drastically depending on which drug you may have possessed and how much of it you may have possessed. Drug weight is another area in which your defense attorney may challenge your criminal case.

Narcotics aren’t the only illegal substances that will get you in trouble either. There’s always good old moonshine.  Rogersville Police Chief stumbled upon a homemade whiskey still set up in a workshop behind a resident's house.  Officers reportedly found small amounts of finished moonshine in the workshop, along with more than 25 gallons of mash that was still fermenting.  The alleged whiskey mill operator was taken to the Lauderdale County Detention Center and later released on a $1,000 bail, according to the Daily Reporter.

While drug charges can cover a wide variety of substances and come with variety of possible penalties upon conviction, it is important in all cases to seek qualified legal representation. A drug conviction can have a lasting impact on your life and may even influence your ability to get a job, work in certain professions or join the military.

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A worker at the Postal Service Vehicle Maintenance Facility and two local mechanics are currently facing Alabama fraud charges in federal court. The trio is charge with conspiracy to defraud the postal service in a billing kick-back scheme, according to Alabama Live.  The Postal Service workers allegedly submitted fraudulent invoices for mechanic work and concealed payments on the false invoices, obtaining more than $300,000 from the postal service.

"The Postal Service manages almost $42 billion in contracts, ranging from multi-million dollar national contracts to local vehicle maintenance service contracts. Although most contracts and payments are managed appropriately, the huge dollar value provides opportunities for contractors and employees to defraud the Postal Service," said Postal Service Office of Inspector General's Major Fraud Investigations Division Special Agent in Charge Torri Piper.

Our Birmingham criminal defense lawyers understand these are complex cases. Whenever a defendant is accused of billing fraud, or of taking money from a common business account, a defense attorney with experience handling complex financial crimes should be consulted. Charging high prices is not illegal. And the government's ineptness does not entitle it to automatic victimhood.  A lack of organization can also lead to misunderstandings and false accusations. And cases in which numerous victims have access to accounts can leave a defendant vulnerable to false charges.

The three are being charged in federal court for falsifying repairs to the Postal Service company vehicles.  While the two mechanics often provided services to the mail carrier vehicles at their Birmingham facility, the supervisor at the Postal Service maintenance facility allegedly accessed credit card information assigned to those company vehicles and billed false repairs on them.  The mail service would then pay those bills and the three would split the profits for work that supposedly never happened

The Postal Service is seeking a forfeiture of $330,000 and a maximum sentence of  20 years on the money laundering conspiracy count, 20 years in prison on each fraud count and 10 years on the conspiracy to defraud count.

If you're facing allegations of defrauding a company or any other type of fraud charge, including insurance fraud or real estate fraud, you are urged to immediately contact an experienced Alabama defense lawyer.

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DUI prevention can soon disrupt the lives of even more drivers when a federally funded feature is added to new cars.  In addition to court fines, fees, probation, schooling, license reinstatement, insurance premium hikes and community service, cars could now come automatically equipped with an alcohol detection device, inconveniencing even those who have yet to be accused of driving drunk in Alabama.

Our Birmingham criminal defense lawyers understand that a DUI conviction can have a major impact on your life.  A first offense can cost you thousands of dollars in fines and fees, many result in jail time and/or probation and may obligate you to complete community service and DUI schooling.  Even worse, a DUI conviction can get your terminated from your current place of employment and may even hold you back from obtaining certain job positions in the future.

As the National Highway Traffic Safety Administration reports, federal officials are looking to step in and intervene even before anyone has the opportunity to operate a vehicle while intoxicated. The governor is spending millions to support the design and testing of a breathalyzer feature that could come as a standard option in new cars.   Some say the federally funded optional feature may be anything but optional when it hits the market within the next 10 years.  The system would test the air in the vehicle's cabin, or work via a thumbprint, to determine whether a driver is able to start and operate the vehicle.

Although numerous agencies advocating sober driving have seemingly made an impact in decreasing the number of alcohol related accidents, the over-emphasis on DUI enforcement has led to plenty of questionable and unfair arrests.

There are a few things you may want to consider when defending yourself against a DUI charge. First off, did the officer administer a field sobriety test correctly?  Were they even properly trained to administer the test?  Why were they pulling you over in the first place?  If they weren't justified in stopping you in the first place, some of the evidence, if not all, may be deemed inadmissible by the courts.

By some estimates, 1 in 4 victims facing a DUI charge are not convicted of the charge.  If you're facing a DUI charge, it's up to you to be proactive in defending your rights.

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Two suspects are facing charges of sexual abuse in Homewood involving a child under the age of 12, The Birmingham News reported.

A Birmingham child abuse defense lawyer understands the challenges inherent in such cases. Public sentiment may be against a client before any evidence is presented. Parents must often defend themselves in the court of public opinion, in a court of law, and with child welfare advocates. And, even in cases where a defendant successfully defends against the charge, the consequences of having child welfare agencies involved can last for years. In many cases, protecting yourself against the overreaching and overzealous arm of the state bureaucracy proves to be the bigger challenge.

In this case, the women, ages 51 and 30, are said to have a history of prostitution in Texas and are known to stay in hotels throughout the Birmingham area. Both defendants reportedly have a history of small charges, but it is allegations made by the Alabama Department of Human Resources that has them in the most trouble. State welfare officials allege a child in custody has made allegations against the female defendants.

The department says it cannot reveal more information about the case -- apparently just enough to darken the defendant's reputations without proof. Meanwhile, state officials say they will soon obtain warrants for the more serious charges.

Meanwhile, three other suspects have been charged with sexual abuse of a child under 12 as part of an investigation into human trafficking in Homewood. Those charges also include sodomy, human trafficking, promoting prostitution and facilitating travel of a child for an unlawful sex act, according to Fox6 News.

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A Mobile County man was arrested, sent to Mobile County Metro Jail and is being charged with third-degree burglary, third-degree robbery and resisting arrest. The defendant allegedly broke into his buddy's house, beat him up, demanded money, and fled down the street, according to NEWS 5.  Police say he kicked down his friend's apartment door, took several items and then decided to steal his car. 

He didn't want to go to jail so he reportedly fought authorities until apprehended.

Our Birmingham criminal defense attorneys handle such cases frequently. Often, false allegations are made against a former friend. In other cases, a defendant is claiming his property. Police can charge you with whatever they want. The only thing that matters is what you are convicted of in a court of law. 

The suspect reportedly approached his friend's house around 9 p.m. last Friday evening.  The young man knocked on the door in the 5800 block of Cansler Drive and was let in by the familiar occupant.  Once inside, the young man began to beat the victim and demand money, according to the accusations.  He left the premise and  fled down the road to be later caught by police.

The 29-year-old Mobile County Man is facing charges of burglary, robbery and resisting arrest.  When it comes to an Alabama theft crime, burglary typically involves theft from a residence or business. Robbery is a more serious charge that alleges use of threats or force.   He is also scheduled to appear in court for prior traffic infractions, according to Alabama Live and has a criminal record dating back to 2001.

A previous record may impact sentencing in this case and can even impact a prosecutor's decision on charges or willingness to deal. Birmingham defense lawyers understand this and it is another reason why we recommend a defendant fight a criminal charge, regardless of whether it's a felony or misdemeanor. Being convicted of a theft crime can impact your ability to get a good job, qualify for certain types of government assistance, including financial aid, and may prevent you from joining the military or even keep you from renting an apartment.

To find out more about Alabama crimes, check out the Alabama Criminal Justice Information Center (ACJIC).  This site is a useful resource that offers information regarding our statewide crime statistics.  The service receives questions from the media and public regarding Alabama crime statistics.  They collect, store, retrieve and analyze  criminal justice data for the entire State of Alabama.

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