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

Recent news from The Associated Press that the Hangout Music Festival in Gulf Shores ended with 189 people being arrested on various charges shows the need for aggressive criminal representation for juveniles in Alabama.

Birmingham Juvenile Defense Lawyers are committed to representing teens and young adults who make dumb mistakes. But what may seem like petty crimes as a kid can follow you for years if not handled properly. They can keep a teen from receiving college scholarships and loans, job opportunities, enrolling in the military and other benefits.

At the music festival, the AP reports most of the arrests pertained to underage alcohol use, driving under the influence, public intoxication, disorderly conduct and obstructing government operations. Officers from five law enforcement agencies worked the three-day festival, which about 35,000 people attended.

What this shows is that local police agencies will be working hard this spring and summer to crack down on these types of crimes. And as the weather warms up, school lets out and more weekend festivals and fairs are scheduled, teens are at a higher risk for peer pressure that can result in an arrest.

Many juveniles are introduced into the Alabama Juvenile System through a drug or alcohol charge. Unfortunately, these are serious charges and require an attorney who can minimize the penalties and work to keep the charges off the teen's record permanently.

Alabama judges can usually choose whether to try a minor under 18 as an adult or as a juvenile. Also, young adults between 18 and 21 can apply for a one-time youthful offender status, which can reduce the possible penalties. But hiring an experienced juvenile attorney early in the process can add to the possibility that the juvenile makes his or her way into the juvenile criminal justice system rather than the adult criminal justice system.

This can make a huge difference about whether the teen ends up with probation, community service or a juvenile boot camp assignment versus serving time in an Alabama prison. It's necessary that a one-time mistake early in a person's life doesn't haunt them forever. But without proper representation, a one-time charge in the summer can live on for seasons the rest of the person's life.

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Alabama Attorney General Luther Strange recently announced the arrest of an Opelika man in connection with a 1995 rape and kidnapping, the Ledger-Enquirer reports.

The newspaper reports that the 34-year-old man, who would have been around 18 at the time, was indicted by a grand jury and charged with first-degree kidnapping, first-degree rape and first-degree sodomy.

These are charges that are punishable by up to life in an Alabama prison and Birmingham criminal defense lawyers are prepared to fight such serious charges every day. Alabama sexual assaults and rapes, especially those involving kidnapping, require an attorney who can attack all aspects of the state's case, including DNA evidence, witness statements and police reports.

While the Attorney General didn't release very much information to the public, what was said is interesting. According to an Opelika police source, the sexual assault happened in an "unknown" location. According to news reports, the woman was taken to a police station after someone picked her up on the side of the road.

Prosecutors not knowing where the crime was committed brings up what could be a strong point for the defense. To be convicted of a crime, a person must be tried in the county in which the crime was committed. According to the  Alabama Code, a grand jury doesn't have to know the location of the offense, but "it must be proved, on the trial, to have been committed within the jurisdiction of the county in which the indictment is preferred."

And by news reports stating that the woman was picked up on the side of the road and driven to a police station, it's unclear what her state of mind was and whether she will have the ability to effectively testify against the defendant some 16 years later.

Birmingham defense lawyers have been defending sex crime suspects for years. These types of crimes bring with them harsh words from the public, even before a trial happens. By law, they can be punishable by decades or life in prison, require defendants to register as a sexual offender for life and stay on their criminal record forever.

Therefore, these types of serious crimes require a serious defense team. You can lose your job, professional licenses, have to wear electronic monitoring, tell your neighbors about your conviction and otherwise be humiliated. You have a lot to lose, so don't talk to law enforcement until Steven Eversole is by your side.

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A 20-year-old Birmingham man was arrested recently and charged with crimes in connection with the reported rape of a female jogger near Altamont Road, The Birmingham News reports.

Last September, a female jogger reported she was attacked and raped by a man. Two days later, another woman jogging nearby was nearly attacked but ran away. The man was arrested in connection with a third event when a woman reported a man in a gold Dodge Neon was following her and she was able to get the tag number and report it to police. That, police said, led them to the 20-year-old they recently arrested. He is charged with rape, sodomy, kidnapping, sexual abuse, attempted kidnapping and possession of a controlled substance.

It's easy for the public to villainize people charged with sex crimes in Birmingham. But like anyone charged with a crime, they have the Constitutional right to a fair trial and competent defense representation. That's why Alabama criminal attorneys dedicate time to defending people charged with these types of crimes.

When someone reports they have been sexually assaulted and the media produces stories about it, it puts pressure on police to make an arrest.  They rush to judgment and may seek to prosecute someone who may be innocent. A lack of credible DNA evidence, shaky eye witnesses and alibis for the suspect are all defenses that can be presented at trial.

Sex crimes are some of the most frightening to be faced with, whether the allegations are true or not. Often, these cases come down to one person's word against another's. Sometimes, the alleged victim has a personal feud with the attacker or isn't 100 percent sure that is the person who attacked them but wants someone arrested for the crime. It happens and can result in a false arrest.

But once an arrest is made, it can ruin a person's reputation, even if it's a false allegation. If convicted, penalties for the crime can range from years to decades in prison, steep fines and lifelong restrictions on a person's life once they are released from incarceration.

Again, these are serious crimes and require serious representation. Along with criminal consequences, someone fighting a sex charge publicly can face problems at home, at work and in the community. Protect your rights and don't speak with law enforcement before consulting with a sex crimes attorney.

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A Florence man has been indicted on charges that he caused an accident that killed a 17-year-old Auburn student's death in September, the Opelika-Auburn News reports.

Vehicular homicide in Birmingham and elsewhere in Alabama is a serious charge that requires a zealous criminal defense law firm. Alabama laws state someone convicted of the charge can face up to five years in prison, as well as fines and fees, a driver's license suspension, probation and other sanctions. That's why having a Birmingham defense attorney committed to fighting these crimes is critical.

The accident happened on Sept. 18 on Shug Jordan Parkway following a football game between Auburn and Clemson. According to police, the man drove into oncoming traffic and caused the vehicle the student was driving in to veer off and strike a truck head-on.

Police wouldn't tell the newspaper what led them to this particular suspect, nor would they say whether alcohol was a factor in the accident.

Along with vehicular homicide, the man faces a charge of leaving the scene of an accident without rending aid and improper turn. The leaving the scene of an accident charge carries with it a possible penalty up to 10 years.

Alabama traffic charges can be difficult to beat. Proving you are not at fault -- that, in fact, law enforcement is mistaken -- requires an attorney experienced in handling a wide variety of traffic infractions.

That's why you need a strong advocate if you face serious traffic-related charges. While you could be facing thousands of dollars in fines along with other types of penalties, these types of crimes on your record could affect your future. It could affect your ability to obtain certain types of loans and affect your ability to get a job. 

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A Phenix City woman recently received a sentence of probation and community service in a case where she tried to extort cash from a man who allegedly paid to have sex with her daughter, the Columbus Ledger-Enquirer reports.

Montgomery defense attorneys understand that people sometimes get desperate and make mistakes. That's when they need an experienced, diligent criminal defense attorney who can fight for their rights in a criminal court of law.

In the case of the 34-year-old mother, she found out a man was allegedly paying her daughter for sexual favors after contacting the girl through the online social networking site MySpace. After the mother found out, she and another mother, who failed to show up for court recently, contacted the man and demanded he pay them $7,000 for not bringing up child molestation accusations.

The women were indicted by a grand jury in March in Columbus, Ga.. The girls pleaded guilty in April 2010 to prostitution charges. The man has pleaded not guilty to charges of aggravated child molestation, sexual exploitation of a child, enticing a child for indecent purposes and pandering.

Cases involving child sex charges in Alabama can be difficult to defend, which is why an aggressive defense attorney is important. The laws in Alabama allow for tough penalties that often include lengthy prison sentences. But cases of a sexual nature can also be faulty. They often rely on witnesses who aren't credible, police violations regarding statements and evidence and other factors that can affect the outcome of a case.

And if parents are arrested by law enforcement for cases involving the abuse or neglect of a child, the Alabama Department of Human Resources will get involved. That can lead to a long time of sanctions to maintain custody of your child while you fight criminal charges. Your rights need to be protected every step of the way.

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Alabama lawmakers are pushing through a bill that would make it a crime to knowingly house, give a ride to, rent to or employ an illegal alien, bringing the state closer to Arizona in its view of immigrants, Fox News reports.

Criminal charges involving undocumented immigrants are always very serious and require and experienced Birmingham criminal defense attorney. Immigration is a hot-button topic and one that in Alabama could rear its head in the form of tough penalties and media coverage that could be embarrassing.

According to the news report, the Alabama Senate passed its bill 23-11 recently, a month after the House passed its version of the bill by a vote of 73-28. A conference committee will now be needed to resolve differences between the two versions.

The bills, if they become law, would require police to check the immigration status of someone they stop and suspect are in the country illegally. If their legal status is unverified, the person could be jailed and possibly face criminal charges.

The difference between the versions includes whether businesses would be held responsible for subcontractors who employ illegal immigrants. The main difference, however, is that the House bill requires businesses to use the federal E-Verify program, which allows employers to check a potential employee's legal status.

Opponents of the bill said it will lead to law enforcement officers racially profiling drivers. Supporters argued that illegal immigrants in Alabama cost taxpayers money and take away jobs from legal citizens. The Pew Hispanic Center earlier this year estimated that Alabama may have 120,000 unauthorized immigrants as of March 2010, double the estimate for 2005, The Birmingham News reports.

If you or your business gets caught in a situation like this, you need an attorney who will fight for your rights and work to get the best possible resolution for your case.

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Former Alabama Governor Don Siegelman and former HealthSouth CEO Richard Scrushy earned a minor victory recently when a federal appeals court overturned two of their convictions, but upheld most of their convictions, The Birmingham News reports.

Such victories are possible with the help of an experienced Alabama criminal defense attorney who is ready to fight for your rights, whether at the trial level or in the event that the case needs to be litigated on appeal. An appeal is extremely important, especially in the complex federal court system.

The 11th Circuit Court of Appeals overturned convictions against the two men based on arguments that prosecutors didn't have enough evidence to convict. But the court rejected arguments for reversal under the honest services fraud law, which was recently changed by the U.S. Supreme Court in the case of former Enron CEO Jeffrey Skilling. The law, which was vague and difficult to interpret, was clarified to apply only to people who receive bribes or kickbacks. The appellate court upheld five other counts against Siegelman and four other counts against Scrushy.

According to The News, a jury convicted Scrushy and Siegelman of federal funds bribery and honest services fraud. Prosecutors alleged Scrushy bought a seat on a state health board by bribing Siegelman with $500,000 in campaign donations. Siegelman also was convicted on an unrelated obstruction of justice charge.

The 11th Circuit sent the case back to the federal court in Montgomery so the two men can be re-sentenced, though the case may be appealed to the U.S. Supreme Court. Siegelman has been free on bond during the appeal, but has been sentenced to serve seven years in prison. Scrushy, however, has been serving his seven-year sentence in a Texas prison.

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Looting charges in Birmingham have been filed against six more defendants charged with stealing from tornado ravaged areas of Pratt City, Channel 12 News reports.

No one likes to think someone is taking advantage of storm victims. And the defendants are entitled to the benefit of the doubt and representation by an experienced Pratt City defense attorney. Confusion reigns after a natural disaster and unwarranted charges are not uncommon. Officials are attempting to force a curfew and neighbors and friends are trying to clear wreckage and get on with their lives.

Two defendants, ages 31 and 23, are charged with Unlawful Breaking and Entering a Vehicle after being accused of stealing from a vehicle on April 28. Two women, ages 28 and 29, are accused of attempting to remove items from a residence that same day and have been charged with burglary.

On May 2, a 48-year-old man was charged with burglary and receiving stolen property after police say he took property from a residence. And an unnamed suspect was taken into custody that same day after police say his vehicle was stopped and he was accused of taking items out of a neighborhood.

Pratt City is operating under an 8 p.m. to 6 a.m. curfew.

In other cases, businesses are accused of jacking up the price of gasoline and the cost of hotel rooms, according to the Associated Press. In other areas, most notably Florida during the aftermath of  devastating hurricanes, criminal charges have been brought against business owners for perceived fraud. Such fraud charges in Alabama must also be aggressively defended by business owners who are trying to protect their livelihood.

The reality is the vast majority of Alabama residents continue to work together to assist neighbors and friends with recovering from the devastation. Those accused of taking advantage of the situation are likely to face the wrath of the general public -- perhaps unfairly. Each should be given the benefit of the doubt until and unless such charges are proven in a court of law.

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