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

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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My years as an Alabama criminal defense attorney has given me the opportunity to represent a wide range of individuals accused of numerous criminal offenses. Birmingham, Bessemer and Tuscaloosa are just a few of the jurisdictions in which criminal trials are held on a daily basis. The following list illustrates the types of crimes that local police and prosecutors pursue on a regular basis. Many of these Huntsville crimes may be brought before local judges and magistrates for trial, deliberation as well as appeal.

North Precinct
A central heating and air conditioning unit was stolen from a home on Battle Road; while later a man was robbed of his cellphone and car keys along Blue Spring Road near Gala Drive. On Summerhill Drive, police responded to report of a theft from a parked car outside a home; a debit card with an undisclosed value, a cell phone, a digital camera and a credit card were all stolen.

South Precinct
Another vehicle was allegedly broken into at a home in the 600 block of Douglas Lane; the victim reported that 60 alprazolam tablets and 90 hydrocodone tablets were stolen from the vehicle. A similar burglary occurred on Drake Avenue, where a bag, digital camera, textbook and three prescription medications were stolen from a parked vehicle on the 200 block of that street.

A 1998 GMC Sierra and a 2004 Dodge Stratus were stolen by deception from an undisclosed location along Memorial Parkway; the complainant told police that the theft occurred between August 6 and 7 even though the crime was just recently being reported to police.

West Precinct
A 16-year-old boy was assaulted at a school on Holmes Avenue around noontime. Later that week police discovered five small bags of powdered cocaine and a small green pill during a traffic stop at I-565 in the early morning hours. Later that same week, Police investigated the theft of a 16-foot utility trailer, 12 used catalytic converters and an undetermined amount of scrap metal from an undisclosed location along Old Alabama 20.

Two vehicles, one at a home in the 6000 block of Rime Village Drive and another at a restaurant along Sanderson Street were burglarized several days apart. The first had its radio stolen, while the owner of the vehicle at the restaurant reported that a .40-caliber handgun had been taken.

Huntsville police blotter, AL.com, January 30, 2010

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Local police and other Alabama law enforcement agencies are active on a daily basis pursuing individuals from Huntsville, Mobile, Bessemer and Tuscaloosa (among other cities) who are accused or suspected of criminal sexually behavior. Sex-based crimes are one of the more heavily prosecuted areas of criminal justice in Alabama and around the country.

As a Birmingham criminal defense lawyer, my goal is to provide an aggressive defense for each of my clients, many of whom profess their innocence outwardly. Fortunately, our system of laws provides every individual the opportunity to confront his or her accusers and to be considered innocent until proven guilty by a jury of their peers. This is applies to every kind of alleged crime, be it drug possession, grand larceny, sexual abuse or white collar criminal behavior.

A resident of Whistler, Alabama, who was convicted of attempting to have sex with a nine-year-old boy, successfully persuaded an appeals court recently to throw out two of three charges against him. According to reports, although the appeals court threw out two of the charges, that fact will not significantly reduce the man’s life prison sentence.

News reports indicate that Michael Ryan South was sentenced in 2008 to life in prison plus 10 years by a U.S. District Court judge. To make things worse for South, there is no parole in the federal system.

The recent appeal of South’s conviction resulted in the court throwing out his conviction on the second count of the indictment -- a charge of traveling with the intent to engage in a sexual act with a juvenile -- on grounds that it was same offense alleged in the first count, namely traveling with intent to engage in aggravated sexual abuse.

According to reports, the appellate judges in the recent appeals case allowed the man’s conviction on the first count to stand. The appeals court rejected a constitutional challenge to the conviction in which the man’s attorney argued that a life-without-parole sentence amounted to "cruel and unusual punishment."

Federal Court Digest: Sex offender sees 2 charges dropped, AL,com, February 15, 2010

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As a Birmingham criminal defense attorney, I have seen a wide of criminal indictments for crimes ranging from drug manufacturing and computer fraud to assault and murder. If there is one thing I am certain of, that is every citizen’s right to a fair criminal trail and to be considered innocent until proven guilty.

Just last month, two men from Lauderdale County, AL, were charged with extorting money from individuals in northern Alabama. According to news articles, the two posed on numerous occasions as private investigators using their false personas as a way to get money from their alleged victims.

The two men are reportedly both from Florence, Alabama. According to reports, 44-year-old Mark Douglas Wilson and 47-year-old Gregory Jones Harrison were charged with second-degree extortion by law enforcement authorities -- this is a Class C felony and punishable by up to 10 years in prison following a conviction. The recent arrests came following allegations against the two and a subsequent probe by the Alabama Bureau of Investigation.

Officials at the ABI allege that Harrison and Wilson presented themselves as private investigators working under contract with the ABI to conduct investigations into criminal activities. The two men are accused of attempting to extort large sums of money from the various individuals they had targeted.

According to information provided by the ABI, the suspects apparently explained to the victims that their names were included on a list of persons involved in criminal activity and that they would be arrested in an upcoming roundup by law enforcement. The extortion came in the form of promises to remove those person’s names from the fictitious list in exchange for certain payments.

Investigation into the alleged extortion arrangement commenced after the ABI was contacted by a local businessman who said he had been approached by Harrison and Wilson. The investigation reportedly lasted a little more than one week. Following the arrest the two suspects were placed in the Lauderdale County Detention Center until they were released on bail of $1,000 each.

Two local men charged with extortion, TimesDaily.com, January 23, 2010

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Alabama’s Supreme Court recently issued a stay of execution for a convicted murderer. According to a news report, the stay was granted at the request of Robert Bryant Melson, who received a death sentence in the robbery-murder of three employees of an East Gadsden Popeye’s Chicken and Biscuit restaurant in 1994. As a Birmingham criminal defense lawyer, I have the experience to represent individuals charged with crimes such as grand larceny, assault and murder or manslaughter.

Being an Alabama criminal attorney, I hold that every person accused of a violent crime or other criminal offense is innocent until proven guilty by a court of law. This is everyone’s constitutional right and I adhere to this important rule of law. According to the news article, the execution was to be held on February 18, but has now been delayed to await the outcome of a case being considered by the United States Supreme Court.

The 38-year-old Melson was originally convicted for the slayings of restaurant employees Nathaniel Baker, 17, Tamika Collins, 18, and Darrell Collier, 23. According to reports, a fourth employee, Bryant Archer, was the only survivor of the shootings when Melson and an accomplice, Cuhuatemoc Hinricy Peraita, robbed the restaurant in April 15 of that year. Based on court records of the incident, Archer was also shot during the robbery but survived the ordeal.

Melson’s stay was granted by the Alabama Supreme Court at Melson's request so that he and his attorney could to hear the outcome of a Florida case that is currently being considered by the U.S. Supreme Court. That case reportedly involves an issue similar to Melson's case, which revolves around whether petitions were filed in a timely manner.

This stay would appear to be Melson’s last chance, since records indicate that he exhausted his final appeal last October when it was denied by the U.S. Supreme Court.

Alabama Supreme Court stays Melson's execution, GadsdenTimes.com, January 27, 2010

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Sex crimes in Alabama come with a heavy stigma attached. Nevertheless, everyone’s right to due process is constitutionally protected, including the appeals process. The case of a female Washington County teacher convicted of luring a 14-year-old male student for sex is just such an example.
 
Early last year, a Mobile, AL, federal jury convicted 56-year-old Charlene Schmitz of using a computer and cell phone to lure an 8th grade student for sex. She was sentenced to 10 years and one month in prison and is currently serving time in Florida while her criminal defense lawyer continues to pursue her appeal.

The Washington County school system’s attempts to fire Schmitz following her conviction have been hindered by an Alabama law that gives tenured teachers the right to challenge their dismissal in front of an arbitrator. And although an arbitrator has been selected, legally no hearings can be held until Schmitz's appeals and related state charges have been resolved.

Recent reports reflect the outrage that a convicted sex offender and felon is still employed by the county and continues to receive a salary and retirement benefits totally nearly $70,000 since her termination in May 2008. According to reports, Schmitz would also be eligible for any pay raises between now and the conclusion of her case.

The anger directed at this woman is understandable, but the fact is until her appeal has been decided, she has the right to refrain from self-incrimination. But this right could be jeopardized by any arbitration hearings held prior to the end of the criminal cases. Though it is frustrating for the school administration, as well as for the community, this is her right. Constitutionally protected and guaranteed.

As a Birmingham criminal defense lawyer, I have represented many different clients over the years. Although the crimes of which they were accused vary widely, the one thing they shared was equal protection under the law. What people forget here is that on appeal this woman’s conviction could be overturned. So until then, her rights must be maintained.

Sadly, even if she is exonerated, her life has been turned upside down. Being accused of a child sex crime, even if proven innocent, could be difficult to live down and she may find herself a pariah in the community regardless of her possible innocence.

No matter what the final outcome, the complaints of her continuing to receive pay do not consider her rights under the law. Not until the legal process has reached its end should this woman be required to surrender one bit of that which she is legally entitled.

Washington County teacher convicted of luring student for sex continues to draw salary, AL.com, June 2, 2009

Catch-22, DothanEasgle.com, June 3, 2009
 

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An Alabama woman arrested in 2007 on charges of solicitation of murder has yet to find justice. Even though the charges against 32-year-old Shana R. Cromwell were dismissed last year by Autauga County Circuit Judge Ben Fuller, the Prattville resident is still awaiting a final decision in her case. She remains free on $50,000 bond.

Accused of a murder-for-hire plot against her ex-husband two years ago this June, Cromwell’s case was all but thrown out by Judge Fuller last year after she renounced her intention to have her ex-husband, Michael Flynn, killed. But the local district attorney recently appealed Fuller's ruling, which was followed by Alabama's criminal appeals court overturning that previous decision and sending the case back to the lower court.

According to reports, the appeals court decided that whether Cromwell renounced her intention "should be left to the jury." Because of this, Cromwell has asked for a re-hearing. Following this latest appeal, the defense will have to let the law run its course until the Cromwell is either released or tried for solicitation of murder.

As a practicing Birmingham Criminal Defense Attorney, I am very familiar with cases such as Ms. Cromwell’s. No matter what the situation, a person in her shoes needs a qualified criminal defense lawyer who knows the law inside and out. The facts in this case are hard to ignore, but not insurmountable.

Cromwell, who lives on Cedar Ridge Road in Prattville, was arrested on June 28, 2007, after she allegedly met with an undercover Alabama Bureau of Investigation (ABI) agent who was posing as a hit man. The meeting took place on June 15, 2007, when the two allegedly discussed the murder of Cromwell’s ex-husband. She was indicted five months later on November 14, 2007, according to court records.

Last week, on May 12, the courthouse in Prattville received documentation stating that Cromwell had asked the appeals court to change its ruling. According to Cromwell’s attorney, the defense is seeking a re-hearing. If that is unsuccessful, they will appeal to the Alabama Supreme Court. According to her lawyer, even the state's own case agent said she renounced her intention to solicit the murder of her ex-husband.

Renouncing the intention to have someone killed is a defense and would result in the charge being dropped. But there exists a difference of opinion between the defense and prosecution as to the interpretation of what the ABI agent testified to, putting this case into limbo until the appellate process has been completed.

If you or a loved one has been accused or arrested of a crime, Eversole Law recommends that you seek a seasoned legal professional for your defense. Our experienced staff is ready to help you fight for your rights under the law. Call us today for a free, no-obligation consultation at (866) 831-5292.

Murder-for-hire case sent back to lower court, MontgomeryAdvertiser.com, May 13, 2009

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An Alabama death row inmate, Charles Lawhorn, received a bit of clemency from the 11th U.S. Circuit Court of Criminal Appeals last week.  Mr. Lawhorn was convicted of an Alabama murder for hire and sentenced to death.  The vaunted 11th Circuit denied Mr. Lawhorn a new trial but stated he deserved a new sentencing hearing because his lawyer(if you want to call him that) did not give a closing argument during the sentencing phase of his Alabama capital murder trial.  Mr. Lawhorn's attorney stated he believed that by not giving a closing statement it would prevent the prosecution from making a closing argument.  The Eleventh Circuit Criminal Court of Appeals stated that Mr. Lawhorn's lawyer was mistaken about the law and that with adequate legal research he would have known about his mistaken belief.  The 11th Circuit Court of Appeals states,

The attorney's "failure to present a closing argument prejudiced Lawhorn because there is a reasonable probability that, but for his unprofessional error, the result of the sentencing proceeding would have been different."

My question for the 11th Circuit Circuit Court of Appeals is simple, if Mr. Lawhorn's attorney is this incompetent during the sentencing phase of the trial, how can you say his lawyer was competent during the trial itself? 

Furthermore, the 11th Circuit disagreed with U.S. District Judge U.W. Clemon of Birmingham, who in 2004 had overturned Lawhorn's conviction, ruling that his confession had been obtained improperly and should be suppressed. But the state attorney generals office appealed to the 11th Circuit, which resulted in last week's order reinstating his conviction.  Judge Clemon ruled correctly that Mr. Lawhorn's right to counsel had been violated and any confession should have been suppressed.  Mr. Lawhorn gave a confession five days after asking to see a lawyer and was never provided one.  This is a basic fundamental right and was clearly violated.  Yet, the 11th Circuit Court of Appeals, in its infinite wisdom, could care less.  Some might argue that Mr. Lawhorn is getting what he deserves, but its a slippery slope to oppression when your basic rights are trampled.

My office will fight against this kind of oppression at every turn.  If you find yourself in trouble with the law, or you find your rights being violated in the State of Alabama, the lawyers and attorneys at my office will work tirelessly to defend your Constitutionally protected rights.  Just like John Adams, Thomas Jefferson and the founders of this country, your rights to fair and impartial trials, your rights to competent representation, your right to be free of unreasonable searches and seizures of your person and property,and your personal freedom are my ultimate goals.  I am a Birmingham, Alabama attorney and lawyer who will do whatever it takes to defend your rights.  I consider myself a patriot and criminal defense lawyer, and criminal defense attorneys and lawyers, along with my brothers and sisters in the military, are some of the last true patriots in America.  If you find yourself up against the might of the oppressive state and its powerful prosecution, contact the lawyers and attorneys of Eversole Law today.  I will defend your rights in all Alabama courts, the 11th Circuit Court of Criminal Appeals, and to the Supreme Court of the United States if necessary.

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As an Alabama criminal defense lawyer and attorney I have devoted my life to defending those accused of crimes.  I routinely represent clients in Birmingham and throughout the state of Alabama in Alabama DUI charges, Alabama Theft Charges, Alabama Drug Charges and crimes, Alabama and Federal Criminal Appeals, Sex Crimes including rape and sexual assault, as well as Alabama traffic and speeding tickets. 

I will defend your Constitutional Rights no matter the charge and no matter the circumstances.  Just because someone has been accused of an Alabama DUI or Drug Crime does not mean they are guilty.  Criminal charges are often obtained against innocent people or people who the state cannot convict.  You will increase your likelihood of a successful resolution to your situation by immediately contacting an attorney or lawyer who focuses his practice on Alabama criminal and DUI defense.  The very nature of a criminal conviction means that all criminal charges are serious charges and deserve serious attention.  Even a single DUI conviction for example can land you in jail, promises significant fines in the thousands, loss of drivers license, you could possibly lose your job, your security clearance at work, or maybe not even get a job because of the background checks that many companies are performing these days.  Your car insurance will surely sky rocket and you could lose your neighbors respect.  Likewise, just one conviction for possession of a controlled substance requires a minimum one year jail sentence. 

The state and the Alabama prosecutors must present evidence in court that would allow a jury of your peers to find you guilty beyond a reasonable doubt.  My job as an Alabama criminal defense lawyer and attorney is to make sure the jury has that kind of doubt.  Beyond a reasonable doubt is a high standard to leap and a good Alabama DUI and criminal defense attorney can accomplish wonders.  In fact, in many instances, especially in DUI and Drug charges, it is possible to have these cases dismissed or reduced prior to any trial.  If you have been charged with a crime in Alabama, and you cannot afford to lose, call the Alabama criminal defense lawyers and attorneys at Eversole Law today.  My contact information listed on this site rings my personal cell phone directly.  I will answer your call and handle your case from beginning to end. 

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I practice Alabama criminal and DUI defense in the following counties and municipalities: 

In the Birmingham, Alabama Metro area the lawyers and attorneys of Eversole Law routinely defend Alabama criminal and DUI cases in the following courts:

Jefferson County Circuit Court, Jefferson County District Court, Adamsville Municipal Court, Argo Municipal Court, Birmingham Municipal Court, Bessemer Municipal Court, Branchville Municipal Court, Fairfield Municipal Court, Fultondale Municipal Court, Gardendale Municipal Court, Homewood Municipal Court, Hoover Municipal Court, Hueytown Municipal Court, Irondale Municipal Court, Kimberly Municipal Court, Leeds Municipal Court, Morris Municipal Court, Mountain Brook Municipal Court, Odenville Municipal Court, Pleasant Grove Municipal Court, Springville Municipal Court, Trussville Municipal Court, Vestavia Municipal Court, Warrior Municipal Court

In the Shelby County, Alabama area the lawyers and attorneys of Eversole Law routinely defend Alabama DUI and criminal cases in the following courts:

Shelby County Circuit Court, Shelby County District Court, Alabaster Municipal Court, Calera Municipal Court, Columbiana Municipal Court, Harpersville Municipal Court, Helena Municipal Court, Hoover Municipal Court, Pelham Municipal Court, Vincent Municipal Court

Other areas of Alabama the lawyers and attorneys of Eversole Law routinely defend DUI cases include:

Tuscaloosa County Circuit Court, Tuscaloosa County District Court, Tuscaloosa Municipal Court, Northport Municipal Court, Chilton County Circuit Court, Chilton County District Court, Jemison Municipal Court, Thorsby Municipal Court, Blount County Circuit Court, Blount County District Court, Blountsville Municipal Court, Altoona Municipal Court, Talladega County Circuit Court, Talladega District Court, Talladega Municipal Court, Lincoln Municipal Court, Sylacauga Municipal Court, Childersburg Municipal Court, Tallapoosa County Circuit Court, Tallapoosa County District Court, Alex City Municipal Court, Dadeville Municipal Court, Lee County Circuit Court, Lee County District Court, Auburn Municipal Court, Opelika Municipal Court, Montgomery County Circuit Court, Montgomery County District Court, Montgomery Municipal Court, Prattville Municipal Court, Elmore County Circuit Court, Elmore County District Court, Wetumpka Municipal Court, Millbrook Municipal Court, Bibb County Circuit Court, Bibb County District Court, Cullman County Circuit Court, Cullman County District Court, Cullman Municipal Court, Hanceville Municipal Court, Madison County Circuit Court, Madison County District Court, Huntsville Municipal Court, Madison Municipal Court, Etowah County Circuit Court, Etowah County District Court, Gadsden Municipal Court, Calhoun County Circuit Court, Calhoun County District Court, Anniston Municipal Court, Oxford Municipal Court, Jacksonville Municipal Court, Orange Beach Municipal Court, Gulf Shores Municipal Court, Loxley Municipal Court, Foley Municipal Court, Crenshaw County Circuit Court, Crenshaw County District Court, Escambia County District Court, St. Clair County Circuit Court, St. Clair County District Court, Pell City Municipal Court, Walker County Circuit Court, Walker County District Court, Jasper Municipal Court, Hollywood Municipal Court, Morgan County Circuit Court, Morgan County District Court, Decatur Municipal Court

THIS LIST IN NON-EXHAUSTIVE. WE DEFEND DUI & CRIMINAL CASES IN ANY COURT IN THIS STATE.

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