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

The manager of the Briarwood Presbyterian Church radio station was arrested in Seagrove Beach recently after allegedly asking a teenaged girl and a 23-year-old woman, sans pants, where to find a nude beach, The Birmingham News reports.

The story goes on to say the man made a detailed statement to deputies, which may seal his fate in court. Birmingham Criminal Defense Lawyers would advise any future clients who are being investigated for a crime not to speak with law enforcement. Whether you are charged with a sex crime in Alabama or another type of charge, making a statement is rarely beneficial.

According to the news report, the man was driving when he pulled up in his van to a 15-year-old girl and a 23-year-old woman and asked them if they knew where there was a nude beach. The victims, according to an arrest report, saw his genitals. He also asked them to get into his van, but they didn't.

Within two hours, deputies found him at a nearby apartment. They asked him if he knew why they were there and the defendant made a detailed statement.

"He stated he was driving around and decided to go to a nude beach," according to the sheriff's report. "He stated he loved being naked and had been to a nude beach before and loved it. The defendant stated while he was in his vehicle he took his clothes off because he loved being naked. He stated he pulled up to a couple of girls and asked them where the nude beach was because he didn't know where it was."

Depending on the credibility of the officers -- because the statement likely wasn't tape recorded -- this could be an uphill battle for the radio station manager. And he is charged with lewd and lascivious behavior, which is punishable by up to 15 years in Florida.

Regardless of the state, anyone charged with a sex crime likely faces serious penalties, which almost always include prison time. In Alabama, a sex crimes conviction can lead to the following penalties:

• Years or decades in prison
• Steep fines
• Lifelong registration as a sex offender
• Restrictions on where you can live, work or recreate
• Loss of professional licenses
• Revocation of the right to vote and bear arms
• Ongoing electronic monitoring

Unlike other felony charges where a person can be convicted, serve their time and go on with their lives, a conviction for a sex-related crime lives on with the defendant. Having to register as a sex offender in state and national databases remove any sense of privacy a person may have. Neighbors will know when you move into town and you must tell law enforcement where you go and when. It's the modern scarlet letter.

And the sex offender database doesn't do a good job of distinguishing between violent child molesters and 18-year-olds who had sex with 16-year-olds or a drunk person who urinates in public unknowingly in front of a child.

So, if you or a loved one faces an embarrassing sex-related crime, call Birmingham criminal defense lawyers immediately. Our firm will do everything within the law to fight the charge and protect your rights.

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A 19-year-old was charged in connection with the shooting of a 15-year-old recently in Mobile, the Press-Register reports.

Hiring an aggressive Birmingham Criminal Defense Lawyer is important, especially for teenagers who are arrested by law enforcement. Teenagers are impressionable and often make mistakes that lead to arrests. In many cases, their brains aren't fully developed and can't fully comprehend the consequences of their actions. Violent crimes in Alabama, such as shootings, stabbings and cases of homicide require a firm that will do everything within the law to protect your rights.

The 19-year-old faces a charge of first-degree assault and was being held on $7,500 bail. According to police, the teen got out of an SUV and fired at the 15-year-old, who was walking. A bullet struck the 15-year-old in the back. First-degree assault, according to Alabama Code 13A-6-20,is a Class B felony, punishable by 2 to 20 years in prison.

The victim was taken to the University of South Alabama Medical Center with a non-life-threatening injury. The two had an ongoing dispute, police believe.

Violent crimes are on the rise in Alabama, according to statistics from the FBI. In 2009, there were 13,093 reports of aggravated assault, up from 11,790 in 2008. That's an 11 percent increase. Violent crimes were up slightly from 2008 to 2009.

Juvenile crimes in Birmingham are especially important to defend because juveniles deserve a second chance. And not only that, but picking up a criminal history as a teen can impact their ability to finish high school, get into college, qualify for scholarships and get into the military. Being shut out of those areas can severely impact their future.

And in many cases involving teens, they can be charged as juveniles rather than as adults. That makes a big difference. Being sent through Alabama's juvenile justice system as opposed to the adult criminal justice system can make the difference between a work camp and a prison camp. The penalties are much more severe and being sent to prison can have long-last effects on a teenager.

And sometimes the teen's mental capacity can be challenged. What this means is that the development of a teenager's brain, especially that of an adolescent male, isn't complete. Often, they don't fully understand the consequences of their actions, the possible penalties and other factors. 

It is important that if a juvenile is arrested and charged with a crime, they should not speak with police. It is possible that in cases of shootings, no one gets a clear view of the suspect because everyone is running away and ducking to protect themselves. So, sometimes victims don't have a clear idea of who the perpetrator really is. That's why it's crucial not to speak with police before consulting with an attorney.

Police must gather evidence before slapping the handcuffs on someone and charging them with a serious crime. Don't help them and put your liberty at stake by confessing to anything. Contact a Birmingham Criminal Defense Lawyer first and allow us to advise you on the best course of action. That's why we're here.

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A woman authorities say is in the country illegally has been indicted in Birmingham on charges that she stole the identity of a woman whose purse was stolen from a Wal-Mart in 2002 in Florence, the Times Daily reports.

Birmingham Criminal Defense Lawyers have spent years preparing the defense cases of clients charged with all kinds of crimes. And as crimes such as identity theft become more technologically advanced, the government continues to use the many tools at its disposal to fight these crimes and bring prosecutions. That's why aggressively fighting Birmingham white collar crimes is crucial to making sure prosecutors are held accountable for the charges they bring.

According to news reports, a Russellville woman's identity was stolen after her purse was snatched at the Wal-Mart store in Florence in 2002. In 2005, authorities told her someone was using her identity and prosecutors allege it was the woman a federal grand jury recently indicted.

They say she was living in other places in the area and moved to Illinois and other states. FBI agents wouldn't say why they believe this woman stole the woman's identity. She faces two years on each of the two counts of aggravated identity theft and a fine of $250,000 on each count. The woman is also charged with giving false information to federal authorities, which is punishable by up to five years in federal prison.

As the Internet has become a major part of our lives and as it has become more accessible than ever, it has become an avenue for people to commit crime. But not everyone charged with Internet-based crimes is guilty. In fact, an arrest or an indictment is merely a charge and shows no proof of guilt.  Before making any decisions, call our law firm.

Federal authorities in particular have a vast array of resources at their disposal to try to secure prosecutions. And federal charges are typically more severe than those brought in state court.

But authorities are often incorrect or don't have enough proof to secure convictions for people charged with these high-tech and often complex cases. Because the Internet is prone to hackers and people posing as others, it is sometimes possible that the person charged had nothing to do with the crime. Sometimes people can gain access to their computers and commit crimes with software when the user has no idea it is even happening. It's scary, but it happens.

So, defending against these charges is vital. And that's why you need to consult with Birmingham Criminal Defense Lawyers as soon as you find out you are being investigated or as soon as you are arrested. We will consult with you, study your case, prepare a defense and be ready if charges are filed.

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The News-Courier in Athens recently reported about a sex offender who was arrested for failing to notify authorities that he had moved.

Picking up a conviction for a sex crime in Alabama is akin to being labeled with the Scarlet Letter on your forehead. Sadly, Birmingham Criminal Defense Lawyers have seen many defendants who were wrongly accused of such a crime suffer a ruined reputation simply for being arrested. Hiring an experienced defense lawyer who won't judge you and will fight for your rights is critical.

The newspaper reported that the man had been living in a motel off U.S. 31 South in Athens and he is now charged with failure of a sex offender to transfer and establish legal residence, in violation of Alabama Code 15-20-23.

People convicted of a sex offense in Alabama who are deemed sex offenders are required to register with the sheriff's office of the county or police department in the city where they live. If they move, they must give 30 days notice to the local law enforcement that they are moving.

Failing to provide a timely and accurate written declaration is considered a Class C felony in Alabama, which is punishable by up to 10 years in prison and $15,000 in fines.

Imagine having to deal with all the other pressures of moving, such as packing, finding a new place, dealing with selling a house or canceling out a lease and on top of all that having to tell the local police department or sheriff's office you're moving and where.

And it's not as if the police department simply stores that information away and does nothing with it. The person's name is stored in the state's Sex Offender Registry, which is available for anyone in the world to search online. According to the Alabama Department of Public Safety, there are more than 11,000 offenders in the system.

I bring up all this to prove how serious these penalties are. From the 18-year-old who has sex with his 17-year-old girlfriend and then has a bad breakup to the man accused of a sex offense for urinating outside, sex offenses aren't always as heinous as portrayed on television. People who don't commit rape or sexual assaults can be labeled sex offenders for the rest of their lives.

That's why attacking the charges early in the process is crucial. Hiring an aggressive and experienced Birmingham criminal defense lawyer can make the difference between prison time and probation and being labeled a sex offender for the world to see and being able to live without neighbors looking at you as if you're a violent criminal.

Sex crime prosecutions sometimes come down to a he said/she said types of cases, which makes it important to attack the credibility of the state's witnesses. Suppressing physical evidence because police mishandled it can also be important in defending these types of cases. So, don't leave this up to a rookie defense lawyer, trust a firm that has been doing this for years.

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A recent shooting in Montgomery turned from an assault case into a murder case when the victim died after being shot four times, NBC News reports.

Birmingham Criminal Defense Lawyers take pride in representing anyone charged with a crime because everyone has a right to and deserves an aggressive defense to criminal charges. It's what makes our criminal justice system better than any other in the world. And murder in Alabama is no exception. This is the most serious charge the government can bring against someone and therefore it requires the most aggressive defense.

In Montgomery, police said a 43-year-old man was shot in both thighs, the right hand and behind an ear during a late-night altercation in the parking lot of a package store. When authorities arrived, they found the man suffering from gunshot wounds and he died two hours later at a local hospital.

Police didn't tell the news agency how they developed the 50-year-old as a suspect, except to say he and the victim were involved in a "continuing altercation." The man now faces a murder charge.

Unless investigators have more evidence other than motive, it may be possible for this man to beat a potential life sentence.

According to statistics from the Alabama Criminal Justice Information Center, 318 people were killed in homicides statewide in 2009 and police made arrests in 197 of the cases. According to the center, in 61 percent of the cases, handguns were used.

Police in Alabama must only be able to prove "probable cause" when they make an arrest. That means there is a reasonable belief that someone has committed a crime. But that isn't the standard of proof in a court of law. In Alabama, in order to be convicted of murder or any other crime, the state must prove their case beyond a reasonable doubt. That means that if there is any element of doubt, a jury is instructed to acquit the defendant.

Murder is a difficult type of charge to defend because the public often believes that if police made an arrest, then it must be true. But this couldn't be further from the truth in some cases, which is why hiring an aggressive defense lawyer is key. To prove murder, police must have credible eye witnesses, ballistics matching the gun to the bullet, a confession, video surveillance or other proof.

It is critical, as it is in any criminal case, not to make a statement to police without first consulting with an experienced attorney. Police are allowed by law to lie to suspects. Defendants may think they are helping themselves by trying to talk to police, but it will only come back to haunt them.

With a charge like murder, which is punishable by anywhere from decades in prison to the death penalty, this advise is never more critical. If you are charged with or being investigated, immediately consult with Birmingham Criminal Defense Lawyers before talking with investigators or doing anything else. Your liberty may depend upon it.

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A 21-year-old Birmingham man became Alabama's 202nd and youngest inmate on Death Row after a judge recently sentenced him to death by lethal injection for the 2009 murder of an out-of-town businessman, nwi.com reports.

Murder in Birmingham is the most serious crime in our criminal justice system. In Alabama, it can result in the death penalty in extreme cases, but still could mean years or decades in prison. Hiring a veteran Birmingham Defense Attorney could be the most important decision someone charged with this difficult crime can make.

The defendant was charged with the May 22, 2009 shooting death of a steel consultant who was in town on business and was washing his car before picking his wife up at the Birmingham airport. According to news reports, the man was at a coin-operated car wash when the teen walked up to him, shot him three times and stole his car and wallet. He was arrested minutes later after he tried to set Wright's vehicle on fire.

The man's attorneys argued that his 70 IQ qualifies him as mentally retarded and that he should not be executed. He was 19 at the time of the crime. A jury recommended in April he be executed for the crime and a judge this week took their advisory sentence into consideration and sentenced him to death by lethal injection.

What many people don't realize is that the brain of a teenage male is not completely formed, and therefore lacks many aspects of an adult brain, such as areas that allow for reasoning and consequence. And with a teen who is mentally retarded cannot be executed, according to the 2002 U.S. Supreme Court ruling of Atkins v. Virginia.

According to deathpenaltyinfo.org, 31 states ban putting juveniles to death, while 12 states have no death penalty. Thirty eight states have no juveniles currently on Death Row and 43 states haven't executed a juvenile since 1976.

But states vary in how they define a juvenile in terms of the death penalty, according to the U.S. Department of Justice. The minimum age for execution in Alabama is 16, which is the age in 17 other states. In five states, including Florida, Georgia and Texas, the minimum age is 17, while in 15 states, the minimum age is 18. Twelve states don't have the death penalty.

Murder cases especially require a dedicated defense team because not only is the charge based on the most serious crime on the books, but also because a person facing capital murder may be executed as a result of a conviction.

Juveniles, especially, require an aggressive defense because charges they may get arrested for early in their lives could stay with them forever. While murder is obviously an extreme example, drug charges, theft charges and even traffic-related charges must be fought so that they are able to move on with their lives and qualify for scholarships and get into college. These charges don't just magically disappear from a person's record just because they are a juvenile, which is why fighting to get them dropped or beating them at trial is crucial.

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Two women and a man were recently charged in Shelby County in a case of prostitution that involves allegations of human trafficking, The Birmingham News reports.

Birmingham sex crimes are rarely taken lightly by police officers and prosecutors, which is why hiring Birmingham Criminal Defense Lawyers could mean the difference between significant jail or prison time and probation.

According to the Code of Alabama, prostitution is defined as agreeing to have sexual intercourse for money, soliciting for sexual intercourse for money or helping others commit prostitution. The charge is classified as a class A misdemeanor, which means up to a year in jail and up to $6,000 in fines.

In Shelby County, one of those arrested faces a charge of human trafficking that accuses him of benefiting from an activity with ties to sex or servitude, the newspaper reports. The woman are charged with promoting prostitution and obstructing justice.

The newspaper reports that the incident happened at a mobile home park between April and May. Further details of the alleged crime weren't reported.

And these types of crimes aren't uncommon: In Mobile recently, eight people were arrested during an undercover sex sting at a local park, CBS News reports. In that case, police conducted a sting after citizens complained of people approaching others for sex.Those arrested were charged with loitering for the purpose of deviant sexual activity.

In the Mobile case, two of the people arrested were public school employees. Now, while loitering is considered a minor crime by most standards, you can imagine the kind of damage an arrest will do to those employees. It's possible the school district will fire them simply because they have been arrested, without proof of guilty.

This is why a proper sex crimes defense is so important. Many people in the public see an arrest as proof of guilt, but don't consider that police officers make mistakes just like everyone else. And their misinterpretation of the law can lead to an arrest and a ruined reputation. But successfully defending a case by getting the charges dropped or winning at trial can work to restore a person's good name.

But as the allegations become more and more serious -- from prostitution to an allegation of sexual assault or rape -- the reputation becomes less important and fighting the steep penalties take priority. In Alabama, sex crimes can be punishable by decades in prison. Defendants who are convicted may have to register as a sex offender for life, notifying neighbors every time they move that they have a record. They may be restricted about where they can work and live and may not be able to have certain professional licenses. They may have to walk around with electronic monitoring so that someone is tracking their movements at all times.

These charges can alter a person's life and therefore must be defended properly. Looking into the credibility of witnesses, whether DNA evidence is available and can be challenged as insufficient and other defenses must be explored. If a defendant makes a statement to police, which isn't advised, it's possible it can be suppressed so it won't make it before a jury. Same goes for evidence and how police obtained it. There are many complex legal issues involved in sex cases and they must be handled by a firm with experience in these matters.

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An Andalusia middle school teacher recently pleaded guilty to two counts of second-degree sodomy for performing oral sex on several students, The Andalusia Star-News reports.

While it appears there is a nationwide increase in sex cases involving students and teachers, what's important to understand is that everyone is considered innocent until proven guilty (or enters a plea). That's what our Constitution guarantees and while news of arrests can be daunting, the facts as displayed in an arrest report aren't always the facts played out at trial.

It is plausible that male students would make up stories of sexual romps with female teachers to try to impress their friends. That's not always the case, but it takes a Birmingham Sexual Crimes Lawyer to sort out the facts and aggressively defend every client charged with a sexual crime. Sex crimes in Alabama carry severe penalties and require an experienced attorney.

In the case in Andalusia, the special education  teacher was accused of  performing oral sex on two different students on two occasions inside her vehicle between November and February. According to the news story, the students weren't her students.

As part of her 15-year sentence, she will have to serve three years in prison, minus credit for the time she has already served in jail. After the three years, she will have to spend 12 years on probation. Additional conditions of her plea agreement include:

• Resign from the school system
• Surrender her teaching certificate and license to teach
• Register as a sex offender
• Submit a DNA sample

It's evident that the punishment is severe for this teacher. She will forfeit her career and live her life as a convicted sex offender. That's on top of three years in a state prison followed by more than a decade of probation costs and monitoring by the state. She will have to deal with a probation officer anytime she wants to go anywhere or do anything.

According to the Alabama Code, Section 13A-6-64, second-degree sodomy means engaging in sex with someone who is between 12 and 16 or someone who is incapable of consent based on their mental capacity.

The Daily Mail, a United Kingdom newspaper, wrote about the Andalusia case as well as the cases of other female teachers accused of having sex with male students. A Virginia psychologist told the paper that society has become enamored with the idea of older women and younger men, as seen on television. He said the idea is trendy and is seen as a badge of honor for younger men.

And with social networking sites, it has become easier for teachers to communicate with students. He said there aren't boundaries like there used to be between students and teachers.

While none of this is acceptable, it may explain why there has been an uptick in this particular type of crime. Being convicted of this type of crime could haunt the person in prison, after the prison term has ended and far beyond, so fighting it is the only option.

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The streets in Tarrant must be safe because police there are focused on raiding bingo halls full of grandmothers. 

The Birmingham News has recently reported on authorities' arrests of bingo hall operators whom they say are operating illegal facilities.

Alabama lawmakers have always been quick to change the laws regarding gambling, making it difficult to keep up with what the state considers legal and what isn't. But what's always true is the need for an aggressive Birmingham Criminal Defense Lawyer ready to defend someone wrongly accused of illegal gambling. As seen here, police and prosecutors like to see big headlines and nightly newscasts, but may have acted too quickly and not done enough research before ruining peoples' reputations. That's when an experienced criminal attorney in Birmingham helps.

The situation in the Birmingham area started in recent weeks when officials shut down bingo halls in nearby Midfield and Fairfield. They then moved into Tarrant, arresting two people recently and charging them with 40 counts of illegal possession of gambling devices.

According to Alabama law, charitable bingo is allowed in counties where constitutional amendments have been approved. That includes Jefferson County. But authorities have begun looking at bingo halls that use electronic machines they consider illegal slot machines. They are bingo games, but without the traditional paper, spinning cage of balls and daubers.

The problem is that court rulings have often clouded the issue of what is legal and what isn't. Sheriffs and police officers have one opinion, while the bingo operators have a different one.

The Alabama Supreme Court, in one case in the past few years, issued a six-point test to determine whether a bingo game was legal that has been cited by law enforcement and prosecutors:

1. Each player uses one or more cards with spaces arranged in five columns and five rows, with an alphanumeric or similar designation assigned to each space.
2. Alphanumeric or similar designations are randomly drawn and announced one by one.'
3. In order to play, each player must pay attention to the values announced; if one of the values matches a value on one or more of the players' cards, the player must physically act by marking his or her card accordingly.
4. A player can fail to pay proper attention or to properly mark his or her card and thereby miss an opportunity to be declared a winner.
5. A player must recognize that his or her card has a 'bingo,' i.e., a predetermined pattern of matching values, and in turn announce to the other players and the announcer that this is the case before any other player does so.
6. The game of bingo contemplates a group activity in which multiple players compete against each other to be the first to properly mark a card with the predetermined winning pattern and announce that fact.

It's possible that these criminal charges will come down to a strict examination of the machines in question, application of the supreme court's ruling and other past cases that affect the gambling industry. And all this research should be done by an aggressive Birmingham criminal defense attorney who can apply the law and properly defend these charges.

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