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

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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A recent study conducted by the Alabama Sentencing Commission found that one third of felony convicts were sentenced to more prison time than recommended by the state's voluntary sentencing guidelines.

This is disturbing news, but not all that surprising. The guidelines were introduced in 2006 and were designed to help judges calculate a fair sentence for people convicted of a variety of crimes. Though the state didn't make these mandatory, they encouraged judges to apply them to their cases to avoid disparate sentences for similar crimes in different jurisdictions.

Unfortunately, despite the argument of experienced and aggressive Birmingham Criminal Defense Lawyers, judges sometimes snub the guidelines and use their own judgment in Alabama drug crimes, property crimes and crimes against people. Public perception, media coverage and the judge's opinion can all be outside factors that a good lawyer should attempt to weed out of the proceedings.

The commission analyzed about 7,700 worksheets that judges used in 2009 to determine whether someone should be sent to prison and for how long. Judges use the worksheets, which provide calculations based on many factors. Though judges aren't required to use the calculations, they are bound to at least consider them.

The report shows that judges are still reluctant to use the guidelines, some five years after they were implemented. Only about half the time did judges hand down prison sentences within the guidelines. Only in 2 percent of the cases studied were defendants given sentences below the guidelines. In 17 percent of the cases, judges split sentences into prison and probation, in which one or both parts strayed outside the recommended range.

Judges were more likely to go above guidelines in property and drug cases compared to violent crimes. Property crimes would include thefts and non-violent burglaries. First-time offenders charged with thefts and drug possession usually got short sentences or probation even though the law allows a sentence of up to 10 years in prison for a person convicted of possession of a controlled substance.

Other findings:

• 38 percent of the time in property crimes cases, judges stayed within the guidelines.
• 46 percent of the time in drug cases, judges stayed within the guidelines.
• 72 percent of the time in personal crimes, such as rape, assault and armed robbery, judges stayed within the guidelines.

The study suggests that the state's overcrowded prison system -- which holds twice as many prisoners as it is supposed to -- may be a factor in sentencing. According to the study, 61 percent of defendants deserved prison, while 39 percent didn't need to be incarcerated. Judges followed the out-of-prison suggestion 63 percent of the time and in-prison suggestion 81 percent of the time.

Aggressive defense lawyers are needed to point judges in the right direction when they are considering the sentence of a defendant who has been found guilty. This is as important, oftentimes, as the defense at trial. An experienced lawyer can make good arguments to convince judges to make sound decisions.

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The Press-Register reports that a person in Alabama was arrested by FBI agents, who conducted a nationwide sting in an investigation into cyber crimes in Alabama and throughout the United States.

The person from Alabama allegedly is a member of Anonymous, a computer hacking group that took responsibility for a 2010 breach of PayPal in protest of the company's decision to not deliver funds to WikiLeaks.

Cyber crimes are becoming more and more common in our state and throughout the country. Because just about every company, bank, government entity and many people are connected to networks of computers, they are all susceptible to hacking. While this type of crime relates to federal laws that prohibit tampering with a company's computer systems, there are state laws in Alabama that relate to other types of cyber crimes.

Identity theft, credit card schemes, bank fraud, Ponzi schemes and other white collar crimes happen every day. And those defendants require an aggressive Birmingham Criminal Defense Lawyer who will stand up for them as the pressure of law enforcement, prosecutors and the state bear down.

PayPal is a service that allows people to send and receive money to pay bills and make purchases. WikiLeaks is a web site that gets information about the government and private businesses and publishes it  for all to see. 

It famously released military documents, videos and other information to the entire world in recent years. PayPal last fall stopped allowing donations through its web site to WikiLeaks after the web site published classified cables from the U.S. Department of State. WikiLeaks said PayPal's actions "tried to economically strangle WikiLeaks."

In response, the Anonymous group allegedly mounted denial of service attacks against PayPal's. These attacks are attempts to render computers unavailable to users through a variety of means, including saturating the target computers or networks with external communications requests, thereby denying service to legitimate users.

Fourteen people in Alabama and eight other states and the District of Columbia were arrested in connection with the attack. The suspects range in age from 20 to 42.

If you've been able to follow all the computer jargon, you can see how complex these cases can be. Prosecutors must have quite a bit of proof to show that a suspect committed these types of crimes. And proving that can be difficult. Without properly documented proof, the charges may be unprovable.

More common than these types of prosecutions are financially based crimes, such as credit card fraud and other forms of theft in Alabama. Most internet-based fraud crimes are charged in federal court because the alleged crimes cross state lines. And federal authorities not only have more resources and time to dedicate to crimes than local law enforcement, but they also have steep penalties.

If you are being investigated or are charged with a computer-related crime, don't speak with investigators. A statement can be used against you. Consult with an experienced Birmingham Criminal Defense Lawyer first.

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The Birmingham News recently reported that the former University of Alabama cheerleading coach has been indicted on charges that she stole more than $188,000 in university funds just days after she filed a civil lawsuit against the university for gender discrimination.

Birmingham Theft Defense Lawyers have seen many clients charged with crimes of dishonesty and theft who are innocent. Theft can range from lifting cash out of a purse or wallet to in-depth computer crimes or white collar crimes involving fraud or embezzlement. Theft charges in Alabama can carry steep penalties and the more money a person is accused of stealing, the tougher the penalties typically are.

The saga between the university and its former employee relate to money she allegedly stole in her 22-year role as cheerleading coach at the university. According to the news article, she was indicted by a federal grand jury on one count of theft of property and two counts of ethics violations as a public employee for allegedly using her position and public facilities for personal gain.

The article states the charges relate to cheerleading camps the coach ran at Alabama during summers over the last two decades. She was paid a percentage of the income from the camps.

A letter she received when she was fired in February 2009 stated that "based on the information that we have obtained in an ongoing investigation, we are concerned about your conduct and poor judgement in dealing with University property, funds, authority and other important aspects of your job."

Her civil lawsuit, which names the university and several top administrators, claims violations of the Equal Pay Act and Title IX, the federal law that prohibits gender discrimination in schools. The lawsuit asks for her job back and back and forward pay plus interest.

As mentioned previously, theft is a generic term that can apply to may types of crimes in Alabama. It can be considered a purse snatching or pick-pocketing or it can mean devising a plan to steal funds through computer networks. Theft also can mean burglary or robbery, which can sometimes involve violence or weapons charges.

In this case, it appears the defendant faces federal charges based on her position as a public employee, but she could have faced similar charges in a state trial court. According to the Alabama Code, Chapter 13A-8, theft charges have many definitions, including theft of property, services and goods.

For instance, theft of more than $2,500 in property is considered a Class B felony, which, in Alabama, can carry a prison sentence of 2 to 20 years plus fines and fees of up to $30,000.

There are more severe theft crimes, such as extortion, burglary and robbery and all those can carry more severe penalties. But proving theft can be difficult for law enforcement. Without catching someone in the act, having to analyze bank records, financial transactions and other information can make proving the case tough.

And hiring a diligent Birmingham criminal defense lawyer may be your only shot of avoiding serious prison time if you face these types of charges. Challenging the state's proof and using past court cases and the law to suppress evidence and statements given to police can work to prove a defendant is innocent of the crimes being accused by the state.

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Many Americans watched as Casey Anthony, the Florida woman accused of killing her own child, was found not guilty of murder and manslaughter recently in Orlando.

And while about two-thirds of Americans believe that Anthony was guilty of killing her two-year-old daughter Caylee, according to a recent Gallup poll, the fact is that her jury found her not guilty of the crimes. The verdict has even caused violence, as a Florida man was arrested after striking a woman after an argument about the verdict, Florida Today reported.

Perhaps more than any other type of crime on the books, murder can evoke strong emotions from not only the families of the defendant and victim, but the public as well. The Anthony case shows just how involved people unrelated to the case can become after news media involvement in a criminal case.

Anthony was charged with killing her daughter in 2008 after failing to report her missing. Her defense team sought to show that the girl died accidentally by drowning in the family swimming pool.

While the state proved at trial that she lied to law enforcement -- four counts punishable as misdemeanors in Florida -- prosecutors couldn't prove she was guilty of first-degree murder or manslaughter, two other charges the state sought to prove. The state was seeking the death penalty, but Anthony will be released after serving jail time.

Anthony's attorneys believed that the pervasive media attention during the death penalty trial was prejudicial to Anthony's case. And while she may have been tried as guilty in the media and in the public's opinion, the only opinion that counts is that of the jury, which found her not guilty.

In Alabama, murder means intentionally taking the life or causing the death through gross recklessness. Murder can also be charged if someone dies while committing certain violent crimes. Manslaughter, however, is a charge that means someone died while another person acted recklessly or in the heat of passion.

Manslaughter can be punished in Alabama by two to 20 years in prison, but murder can be punished by a life sentence or even the death penalty. According to the Alabama Department of Corrections, there are 203 people currently on Death Row.

In Alabama, there are several recognized defenses to murder, such as self-defense, defense of others and provocation. But in any murder case, simply attacking the state's case may be the best defense of the crime.

A competent and diligent Birmingham criminal defense lawyer will extensively study the eye witness statements made to detectives, review police reports for inaccuracies and contradictions and look at alibi defenses and other factors that may disprove the defendant committed the crime. It's also important to file many motions, including motions that seek to limit the amount of evidence, or a statement made by the defendent to police.

In any criminal case, but especially murder cases, statements to police can be detrimental to a defendant. Rarely do statements help a defendant because police are able to lie to defendants in order to get a confession. They can also be used against the defendant at trial and prosecutors can use their evidence to disprove what the defendant told detectives.

These charges are the most serious in our criminal justice system and must be defended with the most aggression compared to any other crime. If you or a loved one faces murder charges, contact an experienced Birmingham criminal defense lawyer immediately.

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Alabama lawmakers recently made a law that allows law enforcement to arrest people they have a "reasonable suspicion" of being in the country illegally, opening up a can of worms for potential arrests of people who may look different but who are in the country legally.

But the Montgomery Advertiser reports that while the bill was signed into law, it didn't provide law enforcement any additional money to begin enforcing. The law makes it a crime to knowingly house, give a ride to, rent to or employ an illegal alien. It also gives police the ability to check a person's legal status after a simple traffic stop.

What Birmingham Criminal Defense Lawyers would like to point out is how important it is for people charged with these crimes to immediately speak with an attorney. Culturally, many people from other countries are distrusting of authority figures and this can include attorneys. But it is critical for an immigrant to keep any crime off their criminal history record as laws are always changing and can affect a person's legal status years in the future.

And while this new law punishes illegal immigrants, it also goes after those who aid them. While giving rides to hitchhikers is no longer as common as it once was in America, simply giving a ride to an illegal immigrant -- whether knowing they are or not -- could land someone in jail.

This is a serious new law and must be fought aggressively. No doubt there will be challenges to the law, such as whether it is constitutional or not, but in the mean time, fighting any charges as a result of the law must be made. While many laud it as the toughest immigration law in the country, others have condemned it, such as the Birmingham City Council, according to The Birmingham News.

As for the issue of funding, the law gives local law enforcement up to $50 for fines assessed to undocumented workers arrested for being in the state and up to $250 for legal residents or undocumented workers who give or accept rides to work, the Montgomery Advertiser reports.

The newspaper reports that a federal judge recently blocked several portions of Georgia's immigration law, including one similar to Alabama's that allows officers to check the immigration status of those without proper documentation. And there are concerns that a slow-moving federal government could clog county jails with illegal immigrants who are arrested.

While no doubt controversial, this new law is, indeed, law. So, fighting any charges aggressively is critical. And with an experienced Birmingham criminal defense lawyer, being able to convince a judge that the new law is illegal, or that it should be applied differently could make a difference for not just one client, but everyone charged under this new law.

Choosing the right lawyer is critical, especially when a new law is introduced. It is virgin territory and having a lawyer by your side who will spend hours studying the law, looking at ways to fight for you and protecting your rights is critical.

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