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

These days our criminal courts are filled with cases ranging from petty theft and vandalism to drug sales, grand larceny and first-degree murder. While society holds little affection for those convicted of most any crime, it holds particular disdain for offenses involving criminal sexual behavior.

As a Birmingham criminal defense lawyer, I know first-hand the lengths that law enforcement and prosecuting attorneys will go to arrest and convict an individual accused of a sex crime. The disheartening aspect of all this is that even being accused of sexual abuse can ruin a person’s reputation for many years to come.

In sex cases involving children, the authorities are very aggressive in their pursuit of justice. A recent case concerning an elementary school teacher’s involvement in the sexual abuse of a 14-year-old girl is an example of the seriousness of these types of charges.

According to news articles, Jessica Heather Defoor was sentenced to a maximum of six years in prison for her part in the enticing of a child for sexual purposes. The offense, a Class C felony, meant that the woman was ordered by the court to serve two years in prison, while being subject to another four years in jail should she violate her probation following her release.

Based on court records, the Danville Neel Elementary School teacher will be subject to five years of supervised probation once she gets out of jail. In addition, Defoor was sentenced to 12 months for a Class A misdemeanor of second-degree sexual abuse, which was set to run concurrent with the other sentence. Once back in society she will be required under law to register as a convicted sex offender.

News reports stated that Defoor admitted to taking a 14-year-old girl to music concerts while providing her with alcohol. She also admitted that the girl was in her home on a February 2006 evening, at which time the child was served alcohol. Most damning was the teacher's reported admission that she invited the youngster to engaged in sexual relations her and a male guest while at the teacher’s home that same evening. The girl stated that she didn't participate, but was in the room while the defendant had sex.

The crime was uncovered by authorities when the teenager shared the information with another teacher, after which school officials contacted police regarding the matter.  Attorney General King's Family Protection Unit presented evidence to a Morgan County grand jury, resulting in Defoor's indictment on July 23, 2009.

News reports indicate that Defoor, who will appeal her conviction, most likely will remain on administrative leave with pay from her elementary school job in Danville.

 

Judge sentences Morgan County teacher convicted of sex crimes, WAFF.com, March 30, 2010

 

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Being arrested for criminal sexual behavior is bad enough, considering the social stigma associated with sex crimes. However, being convicted of a sex offense is something everyone should avoid if at all possible. Once branded as a sex offender, a person will carry with him a great burden, including life-long registration as a sex offender, restricted working and living arrangements, notification of the local community and neighborhood of your conviction, loss of certain professional licenses, even revocation of your constitutional right to vote and to bear arms (as a person convicted of a felony).

As a Birmingham criminal defense attorney, I know the personal and professional consequences that a sex crime conviction can bring down upon an individual. Jobs have been lost, careers ended and marriages broken up all over a single sex crime conviction. It is because of these life-changing consequences that anyone accused of criminal sexual behavior should retain professional legal counsel.

Recently, a Mobile police officer was forced to resign from the force after admitting that he had sexual relations with a 16-year-old girl. While the relationship was not illegal in the state of Alabama, police department officials apparently believed it was not befitting a policeman. Earlier this year, a former police officer was convicted of raping his stepdaughter, however that girl was under 12 at the time.

According to news reports, 44-year-old Marshall Freeman will not be prosecuted over his admission of having sex with the teenager since the girl said that it she consented to the relationship. According to the Mobile County district attorney, Freeman will not be facing any criminal charges, although many inside and outside the police department feel the relationship was “just plain wrong.”

Alabama is one of 32 states that have laws on the books stating that 16 is the age of sexual consent. Some other states have laws that state if an authority figure, such as a police officer, is involved that age of sexual consent rises to 18 years.

Based on some observers, relationships between individuals are not always equal. Some organizations, such as Mobile County's Child Advocacy Center, would like to see the Alabama legal system hold people in power to a higher standard. Whether the state legislature will move to make it a criminal offense for a person of authority to have sex with anyone under 18 remains to be seen.

 

Sexual Consent Controversy, WKRG.com, March 16, 2010

 

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The United States Supreme Court recently decided that the well-known Miranda right pertaining to “remaining silent” has an expiration date. This could have wide-ranging effects on individuals arrested for crimes in cities like Montgomery, Mobile, Huntsville and other smaller towns around Alabama. As a Birmingham criminal attorney, my first concern is to provide an aggressive defense to my clients.

With this latest Supreme Court ruling, a suspect in a criminal case could theoretically be questioned two weeks following his initial Miranda reading and actually not have the protection normally expected of that law. In fact, the Supreme Court has said that a suspect who invokes his "right to remain silent" under Miranda can be questioned again after 14 days if he agrees to talk to law enforcement authorities of his own free will, he could unintentionally incriminate himself, allowing prosecutors to essentially use those more recent statements against him in a court of law.

According to reports, the 9-to-0 Supreme Court decision over a child abuse case essentially overturned a nearly 30-year-old rule that has barred the police from questioning a suspect once he had asked to remain silent and to speak with a lawyer.

The "Edwards rule" as it is also known was initially created in 1981 to prevent investigators from harassing suspects who are held in jail following their invocation of their Miranda rights. Prior to the inclusion of this rule, it was not uncommon for police to awaken a suspect in the middle of the night and ask him again to waive his rights and to admit to a crime.

More recently, this rule has been understood to preclude the police from re-questioning a freed suspect, even for other crimes in other places. As part of their ruling, Supreme Court justices stated that although the rule made sense for suspects who were held in jail, it did not make sense for suspects who had gone free.

"In a country that harbors a large number of repeat offenders, the consequence [of this no-further-questioning rule] is disastrous," Justice Antonin Scalia said, adding, “If there has been a "break in custody" and the suspect has gone free, the police should be allowed to speak with him after some period of time.

According to court records, the Court settled on 14 days because it "provides plenty of time for the suspect to get reacclimated to his normal life [and] to consult with friends and counsel."

As a result of this ruling, the high court overturned a lower court decision, essentially saying that the incriminating statements made by the defendant in the child abuse case -- weeks after the original Miranda reading -- could be used to convict him. It’s important to note that while all nine justices agreed on the outcome, two did not agree with the 14-day rule -- Justice John Paul Stevens said that time period was too short, and Justice Clarence Thomas said it was too long.

 

Supreme Court puts expiration date on 'right to remain silent', LATimes.com, February 25, 2010

 

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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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As a Birmingham criminal defense lawyer, I have seen how the law can be used to the prosecution’s advantage. While I believe that every person accused of a crime should be considered innocent until proven guilty, I know that society can sometimes convict an individual in their own minds, as well as in the media, long before a verdict is rendered.

One area of the law that seems to favor the state is the apparent retroactive use of the sex offender statute. This has been the subject of many a heated debate within and outside of the halls of justice. But this is not just an academic question. There is real merit in asking whether or not the U.S. Supreme Court should overturn the retroactive application of this law.

Take the case of Thomas Carr, who was arrested in Alabama back in 2003 for inappropriate behavior with a 14-year-old girl. According to reports, the man was accused of touching the teen over her clothes. At the time, Carr pled guilty to 1st-degree sexual abuse. For his punishment, he was jailed and subsequently released from prison in July 2004 based on credit for time previously served.

As dictated by Alabama law, he registered himself as a sex offender three days after his release. Not long after, Carr moved to Ft. Wayne, Indiana, where he was arrested three years later for his involvement in a fight.

After checking Carr's criminal history, Indiana authorities discovered his previously conviction for a sex offense in Alabama, after which they realized that he had not registered as a sex offender under Indiana state law or the federal statute called the Sex Offender Registration and Notification Act (SORNA).

Under Indiana law, sex offenders who fail to register with the state within 10 days are subject to a year in prison, but SORNA requires sex offenders to register three days after they move -- failure to comply in a timely manner can result in up to 10 years behind bars.

Continue Reading...

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Sexually-based crimes are some of the most abhorrent to the public at large. As a result, accused sexual offenders throughout Alabama typically face harsh sentences for illegal acts such as sexual assault, child pornography, pedophilia, rape and incest. Being a Birmingham criminal defense attorney serving the residents of Alabama, I understand the stigma associated with these kinds of crimes. Even when a person is acquitted, he or she faces an uphill battle to regain the acceptance of friends, family and their local community.

Defending against cases of criminal sexual behavior is a serious business that requires dedication and an aggressive approach to the law. Not long ago, a man from out-of-state was convicted in an Alabama Federal Courtroom for having sex with a 15-year-old girl here in Alabama. Even with a plea agreement, the man received a staggering 30-year prison sentence.

According to news reports, 49-year-old William Joe Mitchell, a previously-convicted sex offender, met the teen online. Court records show that the man picked her up on October 1, 2007, and drove her into Alabama to have sex.

According to reports, police were able to catch the suspect by analyzing the girl's cellular phone records and found that in the days leading up to her disappearance, she had been communicating frequently with the suspect.

Authorities issued an Amber Alert and she was located the following day at a Walmart in Defuniak Springs, Fla. The girl reportedly told investigators that Mitchell claimed to be 23 years old while chatting with her online and that she realized he was much older when she met him. She claimed that Mitchell had threatened her. Getting into his car, Mitchell drove to a motel in Andalusia where the two had sex.

Mitchell, who was arrested five days later at a truck stop in Virginia, was initially slated to face state charges, but in the end his case was taken over by federal prosecutors. He was indicted by a federal grand jury in October 2008 and transported to Alabama for trial

He pleaded guilty Feb. 5 to one count of transportation with intent to engage in criminal sexual activity. Mitchell's criminal history apparently included a previous conviction in Florida for lewd or lascivious battery of a victim between 12 and 15 years of age. The sentencing memorandum stated that Mitchell's prior conviction made him potentially eligible for a mandatory life sentence. However, federal prosecutors were unable to rebut Mitchell's claim that the sex was consensual.

Convicted Offender Gets 30 Years for Sex With Polk Girl, 15, TheLedger.com, February 17, 2010

 

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Times are tough and it's not surprising that some people are resorting to pretty crimes to make ends meet. As an Alabama criminal defense attorney, I have the skills to represent individuals caught in the legal system as a result of alleged illegal activities. Whether you live in Montgomery, Tuscaloosa, Decatur, Gadsden, or Opelika, local law enforcement has little tolerance for crimes of all types.

From speeding tickets and minor vandalism to sex crimes and felonious assault, courts from Huntsville to Mobile are seeing more and more criminal cases. The number of persons going before criminal court judges will likely increase in the future thanks to new legislation being pushed by local politicians.

According to reports, Alabama officials are looking to increase the penalties for gang-related crimes, such as graffiti painting. Although not as serious as other crimes, such as grand larceny, child pornography and criminal sexual behavior, graffiti painting has become a highly visible act that authorities apparently want to wipe out.

Reportedly, local legislators are working on a bill that will provide specific penalties for gang-related activities, including harsher punishment for so-called vandals who paint graffiti.

At the time of the news article, Alabama Senator Roger Bedford of Russellville and Representative Johnny Mack Morrow of Red Bay, were poised to introduce the Alabama Streetgang Act, brought about due to the frequent instances of graffiti painting in Russellville, AL.

Alabama does not have specific penalties related to gang activity. The proposed law would deem it a criminal offense to participate in an organized group of criminals or assist such groups. The law is supposed to boost the punishment for graffiti, which gangs reportedly use to mark their territory, according to law enforcement agencies.

Over the last several months, groups identified as the "South Side 13," "Latin Kings," "18th Street" and "13th Street" have spray-painted various structures around the city, including sports parks, business establishments and billboards.

In one instance, police arrested four juveniles found coming out of an alley on Washington Street near a graffiti painted hardware store. According to Russellville police, the four were carrying bags containing spray-paint cans and also had paint on their hands and clothing.

Although the four youths allegedly admitted having painted graffiti on the local business, news reports indicate that police officials remain frustration that current laws would not allow them to made examples out of those four kids.

Based on news articles, the proposed law would recognize four new punishable offenses:

1) Graffiti damage of more than $2,500 would be a Class B felony
2) Graffiti damage between $500 and $2,500 would be a Class C felony
3) Graffiti damage less than $500 would be a misdemeanor
4) Possession and distribution of graffiti tools would be a Class A misdemeanor

Officials want stiffer graffiti punishment, TimesDaily.com, January 23, 2010

 

 

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As a Birmingham criminal defense lawyer, I know that a percentage of people arrested for various non-violent crimes were simply in the wrong place at the wrong time. In the eyes of law enforcement, however, there is no justification for breaking any Alabama law. But as a defense lawyer for individuals who have been accused of crimes, I know that a person’s motivations and actions can often fall into a gray area. This is why we have trials that allow defendants a chance to explain themselves.

Regardless of where you live or work -- Montgomery, Tuscaloosa, Auburn or Prichard, or anywhere across the state for that matter -- illegal gambling can and does lure many otherwise law abiding folks, which then makes a possible arrest and conviction something that can adversely impact a person’s life. Not long ago, Alabama’s Department of Public Safety (DPS) announced a number of raids on and continuing investigations of gambling dens in Macon and Houston counties.

According to reports, DPS and the Alcoholic Beverage Control Board took part in law enforcement operations at VictoryLand and Country Crossing, and has ongoing operations in these areas.

Part of the Governor's Task Force on Illegal Gambling, DPS officials say that the conducting of these raids on other law enforcement operations are usually held without notice, which is standard protocol. Usually police and other agencies will perform early-morning raids of suspected illicit gambling locations, catching the operators and their clients in the act.

The element of surprise is particularly important, according to police, because any evidence found as a result can contribute to the prosecution of other more serious crimes, such as theft, fraud, financial and tax crimes, not to mention public corruption.

 

Editorial: Ala. Dept of Public Safety & Gaming Raids, WSFA.com, February 02, 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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Due apparently to a lack of information sharing between Alabama and federal law enforcement authorities, hundreds if not thousands of people who are barred by law from buying hand guns, rifles and shotguns may have done so with scarcely a problem. According to a recent news report, Alabama failed to report thousands of individuals who are barred from firearms possession to the federal government. This situation could have allowed persons living in cities such as Montgomery, Tuscaloosa, Decatur and Prattville to buy firearms contrary to that allowed by law.

As a Birmingham criminal defense lawyer, I help many people across Alabama who have been accused of a crime. Not all of these individuals are guilty, and all are considered innocent until proven guilty in a court of law. This latest news article points up the confusion that is sometimes caused by the lack of communication between state and federal agencies.

According to reports, Federal authorities and gun control advocates believe that literally  thousands of potentially unstable mental patients who have been released from state institutions now have easy access to guns because of Alabama's narrowly defined reporting law.

In one instance, a former West Point graduate who served 18 years in the U.S. Army walked into a local Bass Pro Shop and bought a shotgun, pistol and rifle. Police reports indicate that the instant background check run by store personnel in Spanish Fort failed to flag the customer as a person barred from buying a gun. The reason for this, say law enforcement authorities, is due to the fact that Alabama reports just a small fraction of mental health commitments to a national database.

The 42-year-old military veteran, David Otto Gluth, Jr., was previously treated for post-traumatic stress disorder at the Walter Reed Army Medical Center. Additionally, a psychiatrist who treated him at the AltaPointe Health System in Mobile, AL, stated that Gluth might also suffer from bipolar disorder with psychotic features and other problems. In 2008, he was reportedly involuntarily committed to Searcy Hospital in Mount Vernon, which made him ineligible under federal law to buy or own a gun.

Police were made aware of the potentially mentally unstable individual after he allegedly got into an argument with another customer in the store, talking about his needing a steady hand to shoot someone. A spokesman for the tore said he was confident that the company followed the law.

According to gun control advocates, if a store employee observes strange and threatening behavior from a customer it is a good indication that the gun should not be sold. This was apparently borne when Fairhope police responded to complaints of an armed man walking around the Rock Creek subdivision. They arrested Gluth and booked him on a disorderly conduct charge.

 

Gun loophole: Alabama fails to report thousands who are barred from firearms possession, AL.com, January 17, 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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Across the state of Alabama, in towns and cities like Hoover, Phenix City, Huntsville and Dothan, individuals are arrested daily for crimes such as assault, theft, drug possession and criminal sexual behavior. As a Birmingham criminal defense lawyer, I understand the circumstances that can get a person caught up in the legal system. State and federal crimes can result in criminal convictions and lengthy jail and prison sentences.

It happens all of the time in this state and the appeals process can be critical in avoiding a life-altering conviction. Recently, the Alabama Supreme Court refused a final appeal by a DeKalb County man who was arrested for producing pornographic videos of juveniles at a business he once owned. He was convicted in 1990 and sentenced to four consecutive life terms.

According to news reports, 66-year-old David Lawrence Poole, who is currently serving his sentence at the Limestone Correctional Facility, had his final appeal denied without comment by this state’s highest court.

Based on new articles, the former owner of the Rainsville skating rink was arrested in 1989 at his DeKalb County home following complaints of a hidden camera located in a heating duct grille in the rink’s bathroom. A police investigation not only uncovered the video equipment, but by tracing the coaxial cable running from the camera to the suspect’s trailer parked next to the facility, law enforcement officials also found a cache of pornographic tapes.

Prior to this latest and apparently final attempt to appeal a guilty verdict, Poole had gone before the Alabama Court of Criminal Appeals last October. The result of that last appeal was a rejection by the court to hear Poole's case.

Eight years ago, Poole petitioned the Court of Criminal Appeals claiming that he was prosecuted in violation of search warrant laws and that the indictment was flawed. The original charges included four counts of producing obscene matter depicting persons under 17 years of age involved in obscene acts. According to reports, Poole later pleaded guilty to a fifth count.

Poole was arrested after a video camera was found behind a vent grille in the ceiling of the men's room at the skating rink he operated in 1989. A coaxial cable ran from the camera to Poole's trailer next to the rink.

Producer of porn tapes loses final state appeal, AL.com, January 15, 2010

 

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It’s tragic when a police officer, a person charged with upholding our laws, is found to have violated the public’s trust by committing a criminal offense. Further, when any officer of the court is convicted of any crime, it hurts all of us deeply. As a Birmingham criminal defense attorney, I am committed to representing individuals who as accused of crimes in Alabama, whatever that may be -- petty theft, methamphetamine manufacture, drug trafficking or sex crimes, to name a few.

Crimes involving criminal sexual behavior are particularly heinous. If committed by a law enforcement officer they become especially tragic and shocking. In a recent court case in Mobile County, a former Chickasaw, AL, policeman has been convicted of sexual assault and rape of a female family member. Sadly, the victim died in a traffic accident two years previous.

According to the news, 51-year-old Bob Ingle was convicted of the 2006 rape of his then 10-year-old stepdaughter, Rebecca McEvoy. The prosecution’s case was naturally complicated by McEvoy’s untimely death in January 2008. Ingle’s criminal defense attorney had argued that McEvoy’s death had made it impossible for Ingle to cross-examine his accuser, which is a basic right in our modern court system.

Regardless of the defense’s comments, the trial went ahead and Ingle was found guilty on several charges of sex abuse, rape and sodomy. After months of delays, the Mobile County jury convicted the former police officer on January 27 of raping his stepdaughter. Deliberations lasted less than two hours, after which Circuit Judge Michael Youngpeter ordered the Ingle to be electronically monitored while on bail awaiting sentencing on February 25.

According to reports, McEvoy first accused Ingle of sexually abusing her in 2006. Although the victim had died, the judge ruled that any statements she made to police could not be heard by the jury however other statements she may have made to friends, family and medical personnel would be admissible.

First-degree rape and sodomy are punishable by 10 years to life in prison. Sexual abuse of a child younger than 12 is punishable by up to 20 years in prison.

 

Former Chickasaw police officer convicted of raping 10-year-old stepdaughter, AL.com, January 27, 2010

Former policeman convicted in stepdaughter’s rape, AL.com, January 28, 2010

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Being accused, or worse, convicted of a sex crime can ruin a person’s life. Police and law enforcement agencies throughout Alabama regularly arrest individuals for a range of offense related to criminal sexual behavior. From Mobile and Birmingham to Huntsville and Tuscaloosa, child pornography (also referred to as kiddy porn), sexual assault, rape and other crimes of a sexual nature are some of the most stigmatized offenses recognized by the public. Defending against charges such as these takes experience and knowledge of our vast legal system.

As a Birmingham criminal defense lawyer, I have represented many individuals accused of various offenses, including sex crimes, white-collar crime and drug possession and manufacture. Every one of the cases I handle has one thing in common: the prosecution must prove guilt beyond a reasonable doubt. Because citizen is guaranteed that he or she is considered innocent until proven guilty, this is a guiding principle behind out system of laws.

According to a recent news article, a Causey Middle School teacher was arrested in January on child sex abuse charges. Based on police reports, a Mobile County school official revealed that Charles Milton Lewis, Jr. had previously been accused of exposing himself to a Causey student. The accusation was apparently not proven and therefore was not included in the teacher's personnel file, according to the school system.

Lewis, as 50-year-old a science and reading teacher at Causey, was jailed on January 12 in Baldwin County on charges of sexual abuse of a child under age 12 and contributing to the delinquency of a minor, according to the sheriff's department. At the time of the news report, the man was being held in the Baldwin County Corrections Center.

According to reports, Lewis is accused of exposing himself as well as fondling a nine-year-old boy who spent an evening at the teacher’s home in July of last year. Reportedly an acquaintance of Lewis, the boy is not a student at Causey, according to a spokesperson for the Mobile County school system.

School system officials have stated that Lewis' personnel file in the system's human resources department contains no reported instances of any inappropriate behavior. According to reports, however, the accusation of sexual misconduct came to light in the form of a formal letter of complaint to the school system last fall.

However, according to a school spokesperson, the letter was not placed in Lewis’ personnel file because the central office “gets complaint letters all the time and the allegations were unsubstantiated.” School policy prohibits filing anything in personnel files that is not substantiated.

Lewis has been on paid administrative leave since January 6, following an arrest for drunken driving two days earlier. According to reports, he was involved in an early morning crash on January 4 in Baldwin County. Police say that his blood alcohol content was 0.11 percent at the time of the crash.

Teacher in sex abuse case exposed himself to Causey school student, complaint claims, AL.com, January 15, 2010

Investigation of Mobile teacher deepens, Fox10TV.com, January 14, 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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Alabama’s Lawrence County has created a special victims unit (SVU) to specifically handle sex crimes in the area. Police regularly arrest individuals charged with criminal sexual behavior. Some, if not many, of these people are innocent. In Birmingham, Tuscaloosa, Huntsville, Mobile and all other municipalities throughout Alabama, everyone is considered innocent of a crime until proven guilty by a jury of their peers.

As a Birmingham criminal defense attorney, my job is to defend accused sex offenders in court. The latest move by law enforcement will most likely bring more arrests and indictments upon residents and other individuals in Lawrence County. According to reports, this new SVU department is expected to enhance the law enforcement activities of the Lawrence County Sheriffs Department.

In an effort to put more emphasis on sex crimes and crimes against children, the Alabama Department of Economic and Community Affairs is financing the new special victims unit. According to news reports, the unit will have two specialized investigators, both charged with investigating crimes and working within the local school system and also promoting a variety of community awareness programs.

Crimes and other areas of law enforcement to be handled by the new unit, which will be part of the department's criminal investigations division, will include domestic violence, sexual crimes and child abuse. There will be two specially trained investigators working in the unit. According to reports, the Lawrence County Sheriff’s Department has always had a “heavy volume” of sexual crimes and crimes against children, which is one of the reasons for the county forming this new unit.

The sheriff’s department said that the two investigators will also register and monitor all sex offenders. These two SVU deputies have already been closely involved with investigations involving children because they are members of the Lawrence County Drug Endangered Children Program.

 

Special victims unit to focus on sex crimes, TimesDaily.com, November 6, 2009

 

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In Birmingham, Mobile, Huntsville or other Alabama cities, criminal sexual behavior takes many forms. Pedophilia is one area of sex crimes that society and law enforcement fight hard to control. An individual accused of being a sexual predator has an uphill battle to start with, but a conviction for this type of behavior will affect a person for the rest of his or her life. As a Birmingham criminal defense lawyer, I have represented numerous people arrested for sexually-based offenses, as well as other crimes, such as theft, drugs and assualt.

A recent news article pointed up the lengths that communities will go to protect their children from pedophiles. According to reports, Redland Elementary School has initiated a pilot security program with which the administrators can perform a background check on any person visiting the school by scanning the person’s driver’s license before issuing a pass to that individual.

The program is designed to protect the elementary school children against registered sex offenders, namely pedophiles. Said one law enforcement official, “A school is a candy store for pedophiles and we don’t want them shopping here.”

The system being tested at Redland Elementary is part of a visitor verification and sex offender checking system. Redland is reportedly serving as the pilot program for “QUICK ACCESS,” a Web-based system that alerts school officials if a known sex offender attempts to gain access to the school.

Pedophiles are typically prohibited by law to live or approach within a certain radius of a school. This latest system is apparently designed to root out those individuals who are currently in the sex offender database and who violate state law requiring sex offenders to stay away from areas with a high density of children, such as elementary schools and other educational facilities.

The equipment used in Redford Elementary School reportedly cost about $900. It includes a camera and a scanning/printing device. According to the article, a school staff member simply scans the visitor’s Alabama driver’s license, or types in the visitor’s name. So long as the individual is not on the sex offender database, the machine then prints out a visitor’s badge including a bar code. The system also records when visitors arrive and when they leave the school.

Security program piloted at Redland, thewetumpkaherald.com, December 4, 2009
 

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In Alabama, criminal sexual behavior is a type of crime that gets a high level of attention, not only from law enforcement but also from the public. The negative reaction that most people have to news stories depicting sex crimes is an example of the devastating potential of being accused or arrested of sexual assault, pedophilia or any number of sexually-based offenses. As a Birmingham criminal defense lawyer, my office is capable of handling cases of individuals allegedly involved in these and other crimes.

A recent news story talked about a Troy University professor who was arrested for alleged sex abuse of a young woman at his business office in Dothan, AL. According to authorities, police investigators arrested 62-year-old Ronald Phillip Bae of Cottonwood, Alabama, who was reportedly charged with felony first-degree sex abuse. The arrest came after an investigation into allegations that the man had inappropriate sexual contact with a 21-year-old woman.

In an odd coincidence, new articles say that Bae is a 23-year employee at Troy University who currently serves as a professor of criminal justice, this according to the Troy University Dothan website. The site also indicates that Bae earned his doctorate from the University of Southern Mississippi, and undergraduate degrees from the University of Evansville in Indiana.

Reports show that Bae was taken to the Dothan City Jail and held on a $15,000 bond. At the time of the news article, Bae was scheduled to be transferred to the Houston County Jail.

According to Dothan Police Capt. Steve Parrish, supervisor of the criminal investigation division, the alleged sex abuse crime occurred at an office that Bae has in downtown Dothan. News reports indicate that Bae runs a separate business -- located on North Oates Street -- called Bae Polygraph & Hypnosis Center. He reportedly is a member of the Georgia, Florida and Alabama polygraph associations.

 

Crime Courts Troy University professor charged with sex abuse, DothanEagle.com, November 5, 2009

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The poor economy apparently hasn't increased the nation's crime rate, but Alabama's continues to rise. According to the Federal Bureau of Investigation (FBI), crime nationwide dropped last year, but not in Northern Alabama. Here in Birmingham, where I maintain my criminal defense practice, I find that a percentage of individuals accused of property and theft crimes do so because of money problems; some are falsely accused.Crime in Montgomery, Tuscaloosa, Mobile and elsewhere seems to have gotten worse. Burglary and motor vehicle thefts are property crimes.

A recent news article reported that law enforcement officials were not surprised about the latest statistics from the FBI. However, police aren’t particularly happy hearing that property crime in Northwest Alabama increased in 2008. Statistics from the Alabama Criminal Justice Information Center's 2008 Crime in Alabama report indicate there were 181,434 property crimes in 2008, compared to 174,802 in 2007 and 164,810 in 2006.

By contrast, the FBI’s report shows that nationwide there were 9.7 million property crimes reported in 2008, about 0.8 percent lower than the 9.8 million reported in 2007.

Tuscumbia Police Chief Tony Logan said the economy has always dictated crime. "With unemployment the highest it's been in years, there are people who are stealing," Logan said. "And with an increasing drug problem and methamphetamine problem, there is more stealing to support that habit; we've all seen an increase in that."

Tuscumbia was the only city Northern Alabama’s five largest cities to see a decline in thefts. There were 161 thefts reported in 2008, compared to 191 in 2007. But Logan said he's worried that the impact of high unemployment will play a bigger role in thefts and burglaries in 2009 than in 2008.

With poor economy, law enforcement officials aren’t surprised, TimesDaily.con, September 27, 2009

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A Chickasaw, AL, woman was expected to plead guilty to child porn charges after she allegedly drugged two youngsters prior to a sexual encounter with an adult male. As a Birmingham criminal defense lawyer, I know the value of having a qualified legal professional by your side in serious criminal cases like this one. In this particular instance, the defendant reportedly has a history of mental illness, which may be a mitigating factor during sentencing.

According to news reports, 30-year-old Melissa B. Gray was charged by local authorities with drugging two children for sex and was, at the time of the report, expected to make a blind plea to a child porn charge in a Mobile, Alabama, court.

The Chickasaw resident supposedly drugged the two minor as a prelude to a planned sexual encounter with a man she met online. Her possible guilty plea to charges of child pornography was based on documents filed in court by her attorney at the time of the news article.

According to an affidavit filed earlier this year by the Alabama Bureau of Investigation, Jonathan Daniel Bervig from Milton, FL, met Gray over the Internet and began swapping child pornography with her. The affidavit claims that Bervig told investigators in January that he arranged to drive to Gray's house to have sex with a young relative of hers and another child, both of whom would be drugged so as not to resist. However, Bervig said that when he arrived the children were still awake and alert so he left.

According to reports, an undercover investigator, who posed as Bervig, later sent instant messages to Gray, who tried again to set up a sexual liaison. Law enforcement officers went to Gray's home on January 6 and found a prescription for Percocet, a painkiller that can cause drowsiness and confusion. At that time, officers tried unsuccessfully to awaken a seven-year-old boy at the home before taking him to a hospital.

Local police and other law enforcement officials found a computer at Grey’s home with dozens of images of child pornography, as well as incest stories involving young boys, according to investigators.

At the time of the news article, Gray was expected to enter a "blind plea" to possession and distribution of child pornography charges, meaning that she would get no promise of a lenient sentencing recommendation from federal prosecutors in Mobile. The defendant, a former schoolteacher, faces a mandatory minimum sentence of five years in prison. According to reports, the worst-case scenario for her would be just over 12 years, based on advisory sentencing guidelines. U.S. District Judge Kristi DuBose was slated to make the final decision.

 

Drugging children for sex suspect to make blind plea to child porn charge, AL.com, September 17, 2009

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A Robertsdale, AL, man has been sentenced to 16 years in prison for trying to have sex with a 14-year-old boy across state lines. According to news reports, David Allen Girard, was arrested and charged with for using a computer facility to lure a minor child to engage in sexual activity. Police said that the man had a previous conviction in Alabama for the possession of child pornography and is a registered sex offender in this state.

Authorities had alleged that the 53-year-old Alabama man chatted with the victim on a web site called “gay.com” in what appears to have been a sting operation to catch sexual predators. As a Birmingham criminal defense lawyer, I have the ability to represent individuals charged with criminal sexual behavior such as this man was.

According to reports, the defendant had apparently arranged to meet the youngster in Pensacola, FL, for the purpose of having sexual relations with him. Driving from his residence in Alabama to Florida, Girard found that the “14-year-old-boy” was actually a fictitious person created by a group of local law enforcement officers working in an undercover Internet sting operation.

Following the out-of-state arrest, the man was taken into custody. Police reportedly found on his person condoms and personal lubrication. A U.S. district judge sentenced Girard to 195 months in federal prison to be followed by a life time term of supervised release.

For anyone who thinks that sex crimes are not serious offenses, this story shows that the penalties can be harsh and remain with a person for their entire life. Because of this, it is always wise to seek the services of a qualified criminal defense attorney who has experience defending individuals accused of criminal sexual behavior.

 

Alabama man sentenced for trying to have sex with a minor, SRPressGazette.com, October 13, 2009

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White collar crime in Alabama can range from petty theft to embezzlement to Internet fraud. Hard economic times can cause people to attempt crimes like these, or they can become embroiled in a difficult situation with seemingly no way out. As a Birmingham criminal defense lawyer, I know that many people accused of a particular crime feel they are not guilty. I also know that some people who may have committed a criminal act did so under heavy emotional or financial pressure.

While what happened may seem clear cut, there are usually extenuating circumstances that as defense attorneys we must explain to a jury so they can make an informed decision on the guilt or innocence of a defendant. A recent news article pointed out one kind of crime that may be more common than people imagine. A former SouthBank employee has reportedly been indicted for allegedly stealing more than a half-million dollars from that financial institution.

The defendant, a 48-year-old Huntsville woman, was recently indicted on charges she stole more than $500,000 over a five-year period while she was employed by SouthBank. Keleste Sherrill is a former assistant manager at the bank's Jefferson Street branch. She was charged with bank fraud after having allegedly stolen money from the bank's vault and ATM machines between January 2004 and August 2009. Bank management estimates the total amount at $533,000.

According to reports, SouthBank President Art Freeman said bank officials discovered an irregularity on a Friday afternoon last August. After completing an internal investigation the following Monday, bank officials confronted Sherrill as she arrived at work and described what they had found. Freeman said the woman was cooperative.

The Huntsville prosecutor’s office alleges that Sherrill used ATM ledgers and avoided bank cameras as a part of the scheme, according to the indictment. This initial indictment is just the first phase in the process of criminal prosecution. If convicted, the woman could be looking at up to 30 years in prison and may even have to pay $1 million in fines.

 

Former SouthBank employee indicted in $500K Huntsville bank theft, AL.com, September 30, 2009
 

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It’s a shame when a representative of the court is charged with a crime. Of course, any person accused of a criminal act, such as child pornography or criminal sexual behavior, is always considered innocent until proven guilty. However, to have the charges brought forth in the first place can truly be an embarrassment to the individual and their profession. As a Birmingham criminal defense lawyer, I can empathize with this defendant and only hope that justice will be served quickly and with an even hand.

According to news reports, a Dothan attorney is facing multiple child pornography charges. His legal representative had recently asked the court for litigation expenses, including money to pay for a computer expert. The attorney handling Randy Carroll Brackin’s child porn case told the Houston County Courthouse that his client would be submitting an affidavit of indigency, declaring he could not afford to retain an attorney.

The case stems from a February 5 arrest in which Houston County Sheriff’s investigators took the 62-year-old Brackin into custody, charging him with 11 felony counts of possession of child pornography or obscene material. If convicted, the man faces one to 10 years in prison for each of the class C felony crimes.

According to police reports, deputies seized evidence related to the case from five different locations, including Brackin’s office, home, a female friend’s home, a storage facility and his mother’s home. Some of the images found on computers included pictures of some sexual acts and nudity. The children depicted in the pictures were under the age of 12, authorities claimed.

Because Brackin has served as an attorney in Houston County and appeared before numerous judges in that locality, a judge from Dale County, Circuit Court Judge P.B. McLauchlin, Jr., was brought in to preside over the case. The judge has set a tentative trial date for Brackin’s case for early 2010. As a result of the criminal charges, Brackin’s license to practice law was suspended earlier this year.

The defense had asked for bond requirements to be loosened, saying that Judge Lawson Little had already withdrawn the requirement that Brackin wear an electronic ankle bracelet while out on bond. Brackin’s attorney said some of the remaining restrictions included that his client live with his mother, that he call Houston County dispatch anytime he wants to leave the house and that he cannot leave Houston County or the state of Alabama.

Dothan attorney facing child porn charges claims indigency, DothanEagle.com, September 24, 2009

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Everyday we see instances where the law doesn’t reflect the capabilities and extent of technology. This appears to be the case in Alabama and other states with frequent instances of young people, teenagers and preteens, being accused of criminal sexual behavior. As a criminal defense lawyer in the Birmingham area, I have defended numerous clients who have been accused of crimes such as drug possession, theft, sexual abuse, and pornography, just to name a few.

The newest use for smart phones (mainly by youngsters) seems to be causing a great deal of trouble. “Sexting,” or sending lewd and sexually explicit photos of oneself to friends via cell phone, has gotten a bunch of kids in trouble with local authorities. One particular case caught my eye and points to a possible flurry of court cases that may occur in the future.

According to news reports, there's an uproar in Wisconsin due to a local 14-year-old boy who is now facing child porn charges. The Milwaukee police say the boy threatened to spread rumors about the girls he targeted if they didn't send him nude and semi-nude pictures -- which they did.

Local authorities claim they found 80 images from several girls on the 14-year-old's cell phone. And one nude snapshot of a girl was found on hundreds of phones. To most parents, this will seem horrendous, but is it a crime worthy of child pornography charges?

The girls whose photos have been distributed were aged between 13 and 15 years old when they sent the photos. Investigators have not yet identified all of them.

Milwaukee police claim that the 14-year-old’s exchanging of sexually explicit photos with other kids is a simple case of child porn, and not the more common sexting that people are hearing more about. Based on news reports, investigators have also seized computers belonging to a group believed to have begun the forwarding.

While one can wonder what drove this 14-year-old to do what he did, the real question is whether or not it was innocent curiosity or truly a criminal act. The problem is that the police are attempting to apply a law that never envisioned this kind of behavior, not to mention the technology that makes it all possible.

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As an experienced Birmingham criminal defense lawyer, I have the skills to represent individuals charged with crimes ranging from petty theft to grand larceny, assault to murder. As an Alabama criminal attorney, I firmly believe that a person is innocent until proven guilty in a court of law -- it’s everyone’s constitutional right. I recently read a news account by the Press-Register detailing Mobile’s 10 most wanted suspects for various crimes.

According to that article, this list of fugitives includes individuals wanted in connection with murder, assault and robbery, among other offenses. One of the men on this list is a 17-year-old boy who has been charged with fatally shooting his cousin in a park in Theodore, AL. Another allegedly beat up a friend for keeping him from driving drunk.

In all cases, the city of Mobile considers these people fugitives from the law. According to the city’s chief of police, Phillip Garrett, they each have “committed serious felony crimes and owe a debt to society." Some of those individuals and their alleged crimes are included here:

• Lamont Jermaine Fagan, 28 -- charged with murder in connection with the early-morning August 13 shooting death of Rickey Deloach in the Josephine Allen public housing community. Two other men are reportedly already in jail regarding this crime.
• Markus Dewayne Lee, 17 -- accused of shooting his cousin, Blake Davis, at a park on Diamond Road in Theodore. The victim was reportedly trying to break up a fight when he was allegedly shot by Lee.
• LaDerrick Kevon Davis, 29 -- named in five counts of unlawful breaking and entering a vehicle, authorities say he has active warrants charging possession of burglar's tools and possession of a controlled substance. The five auto break-ins of which Davis is accused allegedly took place in recent months at Chantilly's nightclub on Airport Boulevard.
• Thomas Crooke, 23 -- charged with second-degree assault, accused of punching and kicking a friend who attempted to stop him from driving away from the Whiskey Night Club because he was drunk. The friend suffered a broken shoulder and nose, according to the warrant.
• Willie Lionel Williams, 23, -- accused of first-degree robbery and second-degree assault after an individual was robbed and shot in the leg at the VIP Barber Shop on St. Stephens Road in June. Warrants also are on file against Williams for second-degree assault, first-degree burglary and first-degree possession of marijuana.

 

Mobile's 10 Most Wanted includes 2 murderers, 4 robbers and man who beat up, AL.com, September 10, 2009

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For those opponents of police entrapment, a recent ruling by an Alabama criminal appeals court will likely come as a disappointment, at least in regard to electronic dissemination of obscene materials and other computer sex crimes cases. As a Birmingham criminal defense lawyer representing individuals accused of criminal sexual behavior, I find some of the practices used by police and other law enforcement agencies to catch sexual predators a little difficult to swallow.

This recent decision is the first instance that an Alabama court has ruled that a crime actually has occurred when an adult uses his or her computer to convey obscene photos or other materials to what he or she believes is a child, even if that recipient is a law enforcement officer posing as a minor. While this is a blow to criminal defense attorneys who represent clients charged with sex crimes, it in no way diminishes my own personal commitment to provide an aggressive defense to people accused of crimes in our state.

According to new reports, the appeals court upheld the conviction that John Baney received in Marengo County for sending obscene pictures to what he thought were two Demopolis cheerleaders. In reality, the two profiles were created by a police officer. Although Baney and his lawyer challenged the conviction because pictures weren't received by a child, the appeals court said what mattered was Baney's intention. A new appeal is reportedly in the works by Baney's lawyer.

I have sympathy for children and minors victimized by sexual predators, but I also know that there are always two sides to every story. I also believe that every person accused of a sex crime, or any other type of crime for that matter, is entitled to a fair trial and to be represented by an attorney who will act in his or her best interests.

 

Computer sex still a crime, even if 'child' is adult cop, Alabama appeals court rules, AL.com, August 7, 2009

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As a Birmingham, AL, criminal defense lawyer serving clients accused of sexually-based offenses, I have first-hand experience with institutional and social bias against individuals charged with sex crimes in Alabama. Regardless of the severity of the charge, no one should take such an accusation lightly. Penalties for criminal sexual behavior can be harsh, costly and long-lasting. The social and employment consequences of a seemingly minor event, should one be convicted of a sex crime, can be life altering to say the least.

A recent article makes the point loud and clear. Never take chances with the law when you have been accused of criminal sexual behavior, and always consult a qualified Alabama criminal attorney in preparation to defend yourself against what is sure to be a full-blown criminal trial. The reason is simple: Society has zero tolerance for alleged criminal sexual activity and treats convicted offenders -- or predators -- as veritable outcasts in their own home towns and local communities.

Once convicted, a sex offender is required by law to file their name and address within 10 days at the local law enforcement office. If the person moves at a later date, he or she will be required to register in the state and county within seven days of establishing new residence. If this does not happen, that person would be in violation of the Community Notification Act.

People convicted sexually-based crimes must also follow other rules, such as not living in a home with children, although an offender can live with a minor child as long as the offender is a parent, step-parent or grandparent and as long as the offender's victim was not a child under his or her care or supervision at the time of the offense.

The restrictions continue. Offenders whose victims were children under the age of 12 cannot live with a minor, nor loiter in areas where children congregate, such as schools and playgrounds. Current law prohibits convicted sex offenders from living within 2,000 feet of high schools or elementary schools. And if that wasn’t limiting enough, another law recently passed by the Alabama Legislature now prohibits sex offenders from living within 2,000 feet of a college or university.

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A Mobile, AL, federal judge ordered a Loxley man to serve five years and 10 months in jail after the defendant pleaded guilty to criminal sexual charges pertaining to child pornography. On Thursday, May 28, 46-year-old Alabama resident, Francis Edward Tyrrell, said he was remorseful and told the court and the children on the porn tape that he was sorry and didn’t “think it would go this far.”

However, United States District Judge Kristi DuBose was apparently unmoved by the defendant’s courtroom repentance. In fact, the judge took the prosecution’s suggestion and gave Tyrrell an extra 10 months in prison, above and beyond the mandatory minimum of 60 months.

The assistant U.S. attorney, Sean Costello, pushed for the longer sentence, reminding the court that the defendant not only possessed and viewed the video, but also paid his own money -- $79.99 -- to buy it, essential creating a market for the child pornography tape and supporting an illegal business.

According to the criminal complaint, local agents were first alerted to Tyrrell's name and credit card on a pornography website membership list. This type of offense typically becomes a federal crime when the Internet is employed by an individual. When the authorities confronted the Tyrrell at his home, he voluntarily allowed them to search his house and computer hard drive.

As a Birmingham Criminal Defense Lawyer, I know this area of the law very well. I defend clients against both Alabama state and federal child pornography charges, which can be very serious in some cases. But fines and jail time are only part of the picture when it comes to child sex crimes.

One important reason you need a lawyer who will provide an aggressive defense is because the public’s attitude toward people accused of child sex crimes is extremely hostile. Mr. Tyrrell found this out the hard way outside of the courtroom. While awaiting trial, he was attacked by another inmate in the Escambia County jail, supposedly because of his alleged offense. That attack resulted in the defendant being struck in the eye with a sharp metal object -- his doctors are still unsure as to whether he will see again with that eye.

 

Child porn charges get Loxley man 5 years in prison, AL.com, May 28, 2009

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Caught on camera following a 22-minute chase, five Birmingham, AL, police officers are shown beating a defenseless suspect after the minivan in which he was driving rolled over on a freeway entrance ramp. The year-old video footage taken by a camera in one of the pursuing police cruisers captured the final moments of the chase. After the drug suspect was ejected from the rolling vehicle, several of the cops swooped down on the apparently unconscious man and pummeled him a number of times with their fists, feet and a billy club, according to reports.

This atrocious act of brutality screams lawsuit in anyone’s book. Which is exactly what the victim, 38-year-old Anthony Warren, and his Alabama criminal defense lawyer are pursuing with a suit filed on March 12. It claims that police officers "repeatedly struck the claimant about his head and body causing him to be hospitalized for four days and unconscious for the majority of that time."

The suit is in excess of $100,000 and asserts that, aside from the numerous physical injuries the man received on January 23, 2008, police interfered with the administration of justice and entered into a conspiracy to tamper with evidence. Oddly, top city and police officials were not even aware of the taped beating until they were contacted by the district attorney's office two months ago.

As a Birmingham criminal lawyer, my stance is that any municipality, as well as any officers who are found guilty of having a hand in such an episode, should be sued outright for this kind of violation of individual rights. This is why criminal defense lawyers exist. Because law enforcement has such overreaching power, any person who is charged with or even suspected of a crime must seek professional legal representation. Always.

Admittedly, many people have little sympathy for an alleged drug suspect running from the law, and outwardly, that’s what the police video shows. But depending on the facts of the case, the suspect could have been innocent. In fact, that’s why the law clearly states that a person is innocent until proven guilty. Taken to its logical end, it is easy to understand that this is why defendants stand trial in a courtroom, and not on the side of the road.

What those cops did last year was nothing short of roadside justice, which for a public servant is inexcusable, especially for those who are entrusted with the power to enforce our laws. When a police officer oversteps the bounds of decent and ethical behavior, he is no longer acting in society’s best interest. In such cases, he must be held accountable for his actions.

At my law firm, I provide an aggressive defense for individuals accused of crimes such as drug possession and sale, sexual assault, and theft. If you feel you have been mistreated by the police, give me a call for a free legal consultation.

 

Birmingham police beating video: Attorney for beaten man filed claim against city, AL.com, May 20, 2009

Birmingham police beating video: Five officers fired, AL.com, May 20, 2009, AL.com, May 20, 2009

 

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A sex offender convicted 20 years ago of second-degree sodomy in Alabama has recently been arrested in Tennessee for alleged failure to register with that state's sex offender database. According to reports, Donna Jean Corley was picked up by Pulaski police after it was learned that she had not registered her home address of 637 Magazine Road with the state’s sexual offenders registry.

Police chief, John Dickey, explained that the 65-year-old Corley, also known as Donald Gene Thorn, was arrested on April 24 and released the next day once bond of $3,500 had been posted. According to police, Corley is known by another alias, that of Hornbuckle. The suspect was bound over to a grand jury in Giles County on May 7.

Persons accused of sex crimes can have a difficult time fighting those charges. As seen here, a conviction follows you wherever you go, making it very difficult to lead a normal life. All the more reason to retain a legal professional who has experience representing individuals accused of sex offenses. As a Birmingham Criminal Defense Attorney, I have the skills to see that your rights are defended properly in a court of law.

In this particular case, the defendant is facing jail time for non-compliance with state sex offender laws. According to news reports, the assistant district attorney stated that failure to comply with the sexual offender registry is a Class E felony. If convicted, Corley could be sentenced from 90 days to two years in jail, while also being fined a minimum of $350.

More damning is the statement of a local resident who claims to know Corley. Stating that the defendant regularly attended an auction in Alabama, the resident said Corely would buy Teddy bears and other stuffed animals and "hand them out to the children who were there with their parents.” The person continued, “She would also buy bicycles and give them away to the children at the auction. These were kids she didn’t even know.”

If you or a relative has been accused of or arrested for a sex offense, Eversole Law strongly urges you to contact a qualified criminal defense lawyer to be sure that your case is handled correctly.

 

Alleged Registry Violation Goes to Grand Jury, GilesNews.us, May 13, 2009

Corley Case Bound Over To Grand Jury, WKSR, May 12, 2009

 

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An Atmore, Alabama, couple have been indicted for felony child abuse by an Escambia County grand jury. The woman, Tracy Linam, 37, is a kindergarten teacher at Rachel Patterson Elementary. She and her 44-year-old husband, Terry Desmond Linam, had been booked into the Escambia County Detention Center, but were subsequently released on bond of $165,000 each.

Court records indicate that the couple allegedly tortured, willfully abused and maltreated the children. The indictment states that each adult struck the children with a hand or foot in the genital area and included "shoving, cursing, belittling, threatening, pulling or snatching hair." The couple reportedly also forced the kids to take medication to make them sleep.

The two were each charged with three counts of aggravated child abuse, which is a Class B felony in Alabama, plus three counts of domestic violence in the third degree -- a Class A misdemeanor, according to the Alabama Attorney General’s office. Each of the felony counts represent a sentence of from one to 20 years, while the misdemeanor counts are punishable by one year in jail.

According to Joy Patterson, spokesperson for the Alabama Attorney General’s office, the three children involved in the case were Terry Linam’s from a previous marriage. It has been reported that the alleged abuse was physical, not sexual, according to Escambia County Chief Deputy Mike Lambert.

Lambert told the press that the indictments were a result of an ongoing investigation that began with the sheriff’s office. During the investigation the district attorney recused himself due to “some conflicts,” according to Lambert. The case was then handed over to the attorney general’s office, which continued the investigation and presented material to the grand jury.

This type of case can ruin a career, especially for someone who works with young children. Based on local reports, it appears that Tracy Linam has been placed on paid administrative leave until the case is resolved, this according to Escambia County School Board Superintendent, Billy Hines. The implications, however, are very serious. Serious enough to seek the best legal help available.

If you or someone you know has been accused of a crime, we advise that you retain a professional criminal defense attorney. We at Eversole Law understand that there's more than one side to any story. In addition to the embarrassment, defendants face a wrenching uncertainty about their futures. You need a defense team that will fight for your rights. 

Escambia County teacher facing abuse charges placed on leave, AL.com, April 30, 2009

Pair indicted in child abuse case, BrewtonStandard.com, April 29, 2009

 

 

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Cherokee County police arrested two men in Leesburg on drug possession and drug trafficking charges last Thursday as authorities announced that they had intercepted a large quantity of what investigators referred to as an “unusual drugs.” The bust occurred during a routine traffic stop on April 23 and resulted in the confiscation of more than 100 candy-shaped ecstasy pills and a large amount of cash.

Sheriff’s deputies and agents belonging to the Cherokee County Narcotics Unit arrested Jason Charles Orr, 28, and a second, as yet unidentified man. Police found 104 individual pills, valued at $30 a piece and over $7,000 in cash during their search of the vehicle in which Orr, a Gadsden resident, and the other suspect were riding.

As a Birmingham Criminal Defense Lawyer, I have first-hand experience with drug crime cases such as this. Even though drug possession is the least serious narcotics crime, it is defined by Alabama state law as a Class C felony, the punishment for which is typically one to ten years in state prison. The consequences of drug trafficking, as it appears in this situation, are even more serious. If you or someone you know has been arrested on drug-related charges, you need the type of aggressive defense that Eversole Law provides all our clients.

This case has an added twist, as the drugs seemed to be made specifically for sale to teens and perhaps even younger children. Narcotics officers described the drugs as looking like candy, with a variety of colors and molded into shapes of cartoon characters from TV shows like The Simpsons and Smurfs. Sheriff Jeff Shaver of Cherokee County said that authorities believed the “disguised” drugs were targeted at young people, adding that the ecstasy drug is a dangerous compound for adults to take, much less for children and teens.

Suggesting that there could be more of the same drugs waiting to be brought back into the county, investigators believe the problem could be much larger. Pills of this sort could be mistaken for children’s vitamins and could be harmful or even fatal if inadvertently given to a small child.

 

Afternoon News Update, MyFoxAL.com, April 24, 2009

Ecstasy pills look like candy, MyFoxOrlando.com, April 24, 2009

 

 

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As a Birmingham criminal defense lawyer, I often hear of sex crime cases that can only be successfully defended by a skilled legal professional. Occasionally, laws change to make this job more challenging. Alabama House Bill 661, three years in the making, will likely put more teeth in the laws governing sexual misconduct involving youngsters.

In fact, a rise in sexual felony cases against educators, physicians, camp counselors and other adults who act inappropriately with minors could occur if this legislation becomes law. Under the law being proposed in House Bill 661, adults with authority over juveniles would face much more severe punishment for inappropriate behavior with children 18 years of age or under.

This new legislation would greatly affect the outcome of cases like one in Hudson County. In that case, the relationship between a former Dothan High principal and a 16-year-old student may have resulted in jail time for the adult had stricter laws been in place. Evidence included phone logs, as well as text messages showing the defendant, Andrew Sewell, had told the youngster that he loved her and wanted to marry her. He had also written the girl a number of excuses for absences.

Sewell eventually pleaded guilty to a misdemeanor charge of contributing to the delinquency of a minor. Had the victim been 14 years old, instead of 16, Sewell would have faced second-degree rape charges. If convicted he could have gone to jail, as well as been required to register as a sex offender upon his release.

House Bill 661 would result in serious charges and punishments for offenses such as Sewell’s. It would allow adults with authority over children aged 18 or under to be charged with rape, sodomy or sexual abuse should they engage in sexual activity with those in their care. This would affect teachers, principals, doctors treating young patients, foster parents and any other adult who exercises supervision, oversight, custody or control over a child 18 years of age or younger.

As written, the bill does have some flaws, for which it has received due opposition. For instance, it currently lacks wording dealing with situations where, for example, a 19-year-old assistant manager of a fast-food restaurant could be prosecuted for having a relationship with a 17-year-old employee. Scenarios like this must be addressed before the bill becomes law, so that our already over-burdened court system does not become weighed down further by a glut of nuisance cases.

Another piece of legislation, House Bill 810, provides a more narrowed definition of what constitutes a sex crime involving a minor. The wording in this bill would make it a crime for an employee of a school to engage in sex or have sexual contact with a student of either gender, and regardless of the student’s age.
 

Law would make inappropriate teacher-student relationships a felony, Dothaneagle.com, April 18, 2009

Sex with Students, cbs42.com, April 20, 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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In some circumstances it is possible to negotiate a deferred prosecution for an Alabama DUI charge.  A deferred prosecution is basically where the person charged with an Alabama DUI agrees to plead guilty.  However, as long as the defendant completes certain requirements(which differ slightly by jurisdiction), the Alabama DUI charges are dropped.  A typical Alabama DUI deferred prosecution requires the defendant to pay fines, attend alcohol abuse classes, take random drug and alcohol screenings, and complete community service.  Normally the defendant will have approximately six months to complete these requirements.  If these requirements are met, the prosecution dismisses the Alabama driving under the influence charge.  Deferred prosecution is sometimes advisable when there are no other grounds to have your Alabama DUI charge dismissed, when an attorney believes he cannot win a jury trial, or when the client/defendant wants to end his DUI nightmare quickly and for less money.  It is a beneficial strategy because your permanent record is at stake.  Just one DUI conviction can end jobs, increase insurance, stay on your record forever, etc. etc.  Deferred prosecution eliminates most of the serious and lasting consequences of an Alabama DUI charge.  Deferred prosecution can be offered to those with multiple Alabama DUI convictions as well.

As an Alabama DUI lawyer and attorney, I have participated in numerous deferred prosecution negotiations.  It is essential that anyone charged with a DUI in Alabama hire an experienced Alabama DUI lawyer who can get you the best deal possible.  Deferred prosecution is not guaranteed nor offered to everyone.  Unfortunately, I have seen way too many Alabama DUI defendants go to court without hiring an attorney and end up with a permanent criminal record when they would otherwise qualify for deferred prosecution. 

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An Alabama police officer was shot and killed last week.  Officer Eric Freeman was shot in the head after investigating a traffic accident in Huntsville, Alabama.  Officer Freeman approached Ken Shipp Jr. sitting by the street on a curb.  The police officer was going to arrest Mr. Shipp for driving under the influence of alcohol.  Mr. Shipp stood up and shot Officer Freemen in the head instead.  Shipp is being charged with capital murder and is being held without bond in the Huntsville jail. 

Mr. Shipp had been arrested for a previous DUI and apparently thought it better to kill a police officer than spend a night in jail.  He has obvious mental issues.  Combined with alcohol these mental issues could call into question whether Mr. Shipp had the Mens Rea required for capital murder.  At least that's an Alabama criminal defense and DUI lawyer and attorney's two cents worth. 

My sincere condolences to the Freeman family. 

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Thanksgiving Holiday Travelers in Birmingham, Hoover, Pelham, Trussville, Homewood, Tuscaloosa, Vestavia, Mountain Brook, Gardendale, Fultondale, Leeds, Moody, Pell City, Huntsville, Montgomery, Florence, Scottsboro, Mobile and throughout Alabama should be aware that Alabama is  again "taking back the highways."  Governor Bob Riley and the Alabama Department of Public Safety have joined forces once again to flood the Alabama roadways with police officers looking for any excuse to make money.  They intend to target speeding, failure to yield the right of way, following too closely, driver inattention, and DUI.  These speed traps are just another means of raising revenue.  I guess the Governor has decided that the people of Alabama are more secure by having its police on the roadways instead of protecting our communities.  And I have a question, how do you target driver inattention?  Make sure you don't drive through a fast food joint for a burger on the way to grandma's house this thanksgiving, it might get you a ticket.  If you are charged with an Alabama DUI, a speeding or other traffic ticket this Thanksgiving, make sure to call an experienced Alabama DUI and Criminal Defense attorney and lawyer.  Remember, refuse to take a field sobriety test, a breath test or any test administered by an Alabama police officer or their agents without the presence of your attorney.  Know your rights and fight back!  The nanny state of Alabama, lead by the MADD Mothers Against Drunk Driving and money hungry bureaucrats, is at it again. 

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An Ozark, Alabama man was tasered and accused of a DUI while having a seizure.  Police in Ozark, Alabama used a taser on a sober man having a seizure behind the wheel of his parked car last week.  Police fired their tasers at the man three times.  Now, the police say the man smelled of alcohol and have charged him with a DUI even though his blood work has shown no signs of alcohol.  I see this kind of police misconduct and abuse of power every day.  Is it any wonder the people have lost faith in these people.  I do not believe a word a police officer utters out of his mouth.  Every time someone is arrested for drunk driving in Alabama, I hear the same refrain: "he smelled of alcohol, his eyes were bloodshot, he appeared disheveled, blah...blah..blah..."  These cops must have bloodhound noses.  Isn't it quite convenient that every time someone is arrested for a DUI the police give the exact same reasons for arrest? Does anyone really believe that the Alabama DUI charge is anything but an attempt to deflect blame for tasering a man in a medical emergency three times?  And can someone please tell me the law the man broke in the first place?  Did these cops feel endangered by a man having a seizure?  If it wasn't so maddening it would be funny.  I hope this municipality gets its ass sued off.  These officers should be immediately fired and charged with battery.  Anyone want to bet these SOB's get charged or disciplined?  I bet not.  The law is different for those with power and for those without.  This is just one more reason why anyone accused of an Alabama DUI or any Alabama crime needs an experienced Alabama DUI & Criminal Defense Attorney. 

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The Anniston Star, in Anniston, Alabama ran an excellent article on chief justice of the Alabama Supreme Court yesterday.  Ms. Sue Bell Cobb is the first woman to be elected to the top judicial spot in Alabama.  She has been affectionately labeled "Chief" by the Supreme Court staff.  Ms. Cobb previously served admirably on the Alabama Court of Criminal Appeals and is a wonderful advocate for justice.  I encourage everyone to read more about Alabama first female chief justice. 

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In Alabama criminal law news today, an Alabama criminal court judge resigned today in an attempt to escape ethics charges.  Judge Herman Thomas resigned while facing accusations he abused Alabama cannons of judicial conduct.  Thomas is accused of spanking Alabama criminal defendants, helping relatives manipulate Alabama jail sentences, and inappropriately taking cases from other judges. 

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The Alabama Criminal Appeals Court changed Alabama DUI law today and shortened sentences for those with multiple Alabama DUI convictions.  In the past, any four Alabama DUI convictions resulted in a felony.  Now, in order to constitute a felony, the four Alabama DUI convictions must be within a five year period.  Thus, if you have three DUI convictions within a five year period, but then receive a fourth Alabama DUI conviction in six years, that DUI conviction is not a felony.  In the past, that fourth DUI conviction, regardless of how many years have passed, would have resulted in a felony DUI conviction.   

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Recently a client from Birmingham, Alabama was charged with Burglary in the first degree.  He was charged in Pelham, Alabama over in Shelby County.  He went out drinking one night and all he remembers is waking up on a couch looking at the wrong end of a police issued revolver.  His shoes and socks were placed neatly outside the front door, he had taken off his shirt and went to sleep on someone couch, in a home that was not his own.  Burglary in the first degree is defined as knowingly or unlawfully entering or remaining in a building with the intent to commit a crime.  The Alabama Burglary in the first degree statute is below:

Burglary in the first degree.

(a) A person commits the crime of burglary in the first degree if he or she knowingly and unlawfully enters or remains unlawfully in a dwelling with intent to commit a crime therein, and, if, in effecting entry or while in dwelling or in immediate flight therefrom, the person or another participant in the crime:

1. Is armed with explosives; or
2. Causes physical injury to any person who is not a participant in the crime; or
3. In effecting entry, is armed with a deadly weapon or dangerous instrument or, while in the dwelling or immediate flight from the dwelling, uses or threatens the immediate use of a deadly weapon or dangerous instrument against another person. The use of or threatened use of a deadly weapon or dangerous instrument does not include the mere acquisition of a deadly weapon or dangerous instrument during the burglary.

(b) Burglary in the first degree is a Class A felony.

My client has an excellent defense to the charges.  The state of Alabama must prove he entered the home with the intent of committing a crime.  In my clients circumstances, it will be very hard to prove he entered the home while intending to commit a crime.  His shoes were off, he had taken off his shirt to sleep, and he was in fact sleeping as the police arrested him.  It seems fairly clear, that with a quality Alabama criminal defense lawyer and attorney representing his interests, he cannot be found guilty of burglary in the first degree.  My argument would be simple.  He was extremely drunk and entered the home thinking it was his friends home.  Thus, the state must prove beyond a reasonable doubt this is not the case. The facts and circumstances, along with a good Alabama DUI and criminal defense attorney, will assuredly result in a not-guilty verdict. 

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Bail jumping is where a criminal defendant has been released from jail, with or without bail, and is scheduled to be in court but doesn't show up.  There are two kinds of bail skipping in Alabama: first and second degree.  Bail jumping in the first degree only occurs if you were charged with murder, or a class A or B felony.  Bail jumping in the first degree is a class C felony in itself.  Bail skipping in the second degree occurs when you are charged with any misdemeanor or class C felony, and don't show up for court.  Bail jumping in the second degree is a class A misdemeanor. 

Today, a Birmingham, Alabama client came into my office for an FTA(failure to appear) in Pelham, Alabama.  He has a brother from Hoover, Alabama who came into the office on similar charges as well.  They both needed advice on their Alabama failure to appear charges.  I told them that in order to prove bail skipping, the Shelby County prosecutor must show the brothers intentionally failed to appear for their respective court dates.  In theory, all the defense need do to beat the FTA charge is introduce evidence they did not miss their court dates intentionally.  Thus, if a brother takes the stand and testifies he missed the court date unintentionally, the prosecution must prove beyond a reasonable doubt he missed the court date intentionally.  This is a very hard burden of proof for the prosecution to meet. 

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As a Birmingham, Alabama DUI and Criminal Defense lawyer and attorney, I strongly condemn the death penalty.   Alabama is set to execute Thomas Arthur on September 26, 2007.  Although the death penalty is horrific and should not be endorsed by an advanced intellectual society, it is worse in the backward state of Alabama.  Mr. Arthur contends he is innocent and Governor Riley refuses to allow DNA testing that could exonerate Mr. Arthur.  According to the Innocence Project, fifteen death row inmates have been exonerated nationwide by DNA testing thus far, some just days before they were scheduled to be executed.  As the Innocence Project points out , if any of these men were on death row in Alabama, they would be dead by now.  If a state is going to continue the barbaric act of execution, it is unconscionable that with today's technology, every person scheduled to die does not receive DNA testing.  Shouldn't the state at least make sure, by every possible means, the people they execute are actually guilty?  Or does Governor Riley and the state of Alabama really care who we execute, as long as someone pays for the act they are alleged to have committed, and come election time, the politicians can act like they are tough against crime. 

Forty-two states now allow for post-conviction DNA testing.  As always, Alabama is one of the last holdouts to a bygone era.  There are a lot of great things about this state, it is my home, I love it, and its people dearly.  However, when it comes to the death penalty in general and DNA testing specifically, I think everyone should ask a simple question: "What would Jesus do?'

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I defend clients across the great state of Alabama charged with driving under the influence.  My firm's central location in Birmingham, Alabama allows us to regularly defend clients throughout the state and in Jefferson County, including Mountain Brook, Hoover, Pelham, Vestavia Hills, Moody, Leeds, Homewood, Hueytown, Trussvile, Gardendale, Fultondale, Fairfield, Bessemer, Adamsville and Pleasant Grove.  As a Birmingham, Alabama DUI Defense Lawyer, I also defend clients in Tuscaloosa, Montgomery, Huntsville and Mobile, Alabama. 

My firm believes you are innocent until proven guilty of driving under the influence, or DUI/DWI.  We will fight for your rights in every Alabama County and in every Alabama Court.  You do not have to plead guilty to DUI charges, even if you blow above the legal limit.  There are many ways to challenge a DUI charge in court.  My firm focuses our practice on making these challenges.  We also believe in making quality DUI defense an affordable option for people who want to defend themselves against DUI charges.  When you cannot afford to lose, call Eversole Law,  and say "bye bye" to your DUI. 

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Field sobriety tests are very inaccurate.  The tests are completely subjective and should not be used as proof of guilt in any court proceeding.  Has anyone ever passed a field sobriety test in Alabama?  I doubt it.  If the cop wants to arrest you, you can bet the night in jail that your performance on a field sobriety test will make little difference.  Apparently, cops are like superman, they have laser vision.  They are able to discern an inch difference in the placement of your feet on a dark highway with little to no light,  and are able to stand on one foot while counting for 30 seconds at a time, without ever moving a muscle or slightly adjusting their leg.  I don't know about you, but standing on one foot for thirty seconds is hard to do at all, sober or not.  Don't believe me, try it.  Make sure your foot does not touch your leg or almost touch the ground, and make sure you don't sway too much while doing so either.  I have heard all these grounds used as a cops reasoning to arrest someone for DUI.  As I have said on this blog several times, do not take a field sobriety test. 

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An Alabama women was charged with a DUI for, "riding under the influence."  This story is a couple months old, but helps make my point.  The crazy, "MADD" mothers against drunk driving have caused Alabama to go insane.  Alabama code 32-5A-191 specifically requires that in order to be guilty of driving under the influence, you must be driving or under the physical control, "of a motor vehicle."  Does anyone think this horse has wheels or an engine? How in the world can the language of the Alabama Statute be interpreted any other way than to require some kind of motorized vehicle?  According to Websters, the definition of motor vehicle is as follows:

 motor vehicle
Function: noun
: an automotive vehicle not operated on rails; especially : one with rubber tires for use on highways

This is just another crazy example of police powers run amok and MADD mothers running our legislature and courts.  I guess the horse had rubber horseshoes.  What's next, no bull-riding while intoxicated?  What fun would that be. 

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A first time DUI conviction can land you in jail.  You could face a year in jail for one DUI conviction.  One DUI can also have other serious consequences.  You can go to jail, pay large fines, lose your drivers license for 90 days, your car insurance will triple, you may lose your job or security clearance at work, and it could ruin your reputation with your friends, neighbors or co-workers.  Furthermore, a DUI conviction will stay on your record forever.  There is no expungement provision in Alabama.  

Most people charged with a DUI have much to lose.  Do not plead guilty until you speak with a criminal defense attorney that focuses their practice on DUI defense. Too many people blindly try to make these charges go away by quickly pleading guilty to the charges.  An Alabama DUI charge is a serious offense and you need to take it seriously.  Pleading guilty is normally the last option.  You are innocent until proven guilty and you should make the state prove your guilt in court.

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When you are arrested for a DUI in Alabama your case will be heard in a particular court.  The specific court your case is docketed in depends on several factors; including which police agency arrested you and how many Driving Under the Influence convictions you have.  If it's your first DUI or your second, the case is still a misdemeanor and your case will be in either a municipal or district court of the county in which you were arrested.  If you have three DUI convictions, your case is a felony and you will be scheduled for a preliminary hearing in the District Court of the county in which you were arrested.  A felony DUI conviction may also be heard originally in the Circuit Court of the county you were arrested, depending on how you were charged.

If you are arrested for a DUI in a municipality by a municipal police officer, your case will be heard in the municipal court of that city(i.e. Mountain Brook) if that city has a municipal court.  Municipal courts and district courts are what we lawyers call, "courts of limited jurisdiction."  This just means that these courts have no power to hear felony DUI cases.  A district court can, however, have preliminary hearings in felony DUI cases. 

There is no right to a jury trial in either a municipal or district court.  If one of these courts hear your case and you exercise your right to have a trial, then you will have a bench trial.  A bench trial is a trial before a judge only, with no jury.  If you chose to have a trial in either a district or municipal court and are convicted, you have a right to appeal that conviction to a circuit court of the county you were arrested for a new trial.  In order to perfect your right to a DUI conviction from a district or municipal court, you must file a notice of appeal within 14 days of conviction and post an appeal bond.  If you do not file within the time allotted you forfeit your right to any appeal.  You are entitled to a jury trial in circuit court.  If you lose in circuit court, you can always appeal that decision to the Alabama appellate courts.

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Have you been charged with a DUI in Alabama?  If so, you have only 10 days to request an administrative hearing or your license will be suspended.  You should receive notice of this fact from the arresting officer.  If you lose your license, your only option is to appeal the decision to the Circuit Court within 30 days. 

The license loss is distinct from any criminal penalties. This means that you can lose your license while being found "guilty," or "not guilty," in an Alabama DUI trial.  Makes you wonder what happened to the concept, "innocent until proven guilty."  In this case, it's not even, "guilty until proven innocent."  It's simply, "guilty."  Now some will argue that balancing this equation is the administrative hearing.  But does the administrative hearing really provide the same kind of safe guards that are enshrined into our Constitution and afforded those accused of crimes?  Furthermore, even if you somehow believe that taking someone's license for a crime he has not been proven to commit is fair, I would then scream Double Jeopardy.  It is supposedly illegal to charge someone with the same crime twice, no matter how you look at it, and no matter how it may have been interpreted, the prohibition against Doubly Jeopardy is not esoteric.  It's plain meaning will suffice. 

Sorry for the digressive rant.  Back to my original subject.  The 10 day rule applies to you if you meet any of the following conditions:

• BAC over .08 while driving or under control of a vehicle
• BAC at or above .02 and you are below the age of 21
• BAC over .04 at time of arrest for Commercial Drivers
• You refused to take breath test

If you do not request an administrative hearing within ten days of arrest you will lose your license. You could lose your license in this manner anywhere from 90 days to several years.  Factors to be considered in determining how long you could lose your license include:

1. Driving Category
2. Age
3. Driving Record

Moral of the story, hire an Alabama DUI & Criminal Defense attorney that focuses his practice on defending those accused of a DUI.  I spend hundreds of hours perfecting the defense of those accused of DUI.  I have read all relevant publications, including hundreds of DUI and Criminal Defense Blogs from all over the country.  I also regularly attend legal education seminars devoted to DUI defense. Not to mention , I obsessively update this blog to make it the best source of information available to those accused on a DUI in Alabama.  Combined I spend around 25-30 hours a week studying Alabama DUI & Criminal Defense Law.  The law is way too complicated these days for an attorney to be a jack-of-all-trades.  When your reputation, money, job, or freedom is on the line, you need an attorney that makes Alabama DUI & Criminal Defense his priority.  Riddle me this:  Did you get your plumbing fixed by the electrician?

 

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Probable cause is required for an arrest warrant in Alabama.  The Alabama Constitution provides that "no warrants shall issue to....seize any person or thing without probable cause."  A warrant for the arrest of a defendant is valid only if it reasonable appears from the evidence, that an offense has been committed, and there is probable cause to believe that the accused committed the crime.  Probable cause is determined by looking at the totality of the circumstances.   

An arrest warrant must contain the following elements:

• signed by issuing judge or magistrate
• must contain the name of defendant
• state the offense with which defendant is charged

An Alabama arrest warrant may be performed by any law enforcement officer with the State of Alabama. 

A defective arrest warrant is freely amended to remedy any defect.  Thus, an arrest warrant will be invalidated because of a defect in form. 

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A motorist being investigated for DUI should not consent to a blood alcohol test.  My advice to anyone who reads this blog before getting arrested for a DUI, is never take a breathalyzer, field sobriety test, or any test administered by the police or any of its agents.  However, most people do not realize they can decline to take the field sobriety or breath test.  The police, of course, will not inform you of your right not to consent prior to taking the breath test.  In fact, they will make a big show of how your license will be suspended for 90 days if you do not submit to the test. 

There are different types of blood alcohol tests in Alabama: urine, breath and blood.  The police  use the breath test almost exclusively.  If you do consent to a breath test for DUI, which is normal, most people do consent to testing, you have the right to get an independent test of your blood alcohol content.  In Alabama, the police will not inform you of your right to get an independent test of your blood alcohol content.  You must make the demand for independent testing yourself, and you must take the police administered test to exercise your right to independent blood alcohol testing. You will also have to make the arrangements for the independent test and you must pay all expenses.  However, the police must give you reasonable access to arrange for an independent test.  Their failure to provide you access to independent testing gives rise to grounds for suppression of the police administered blood alcohol testing. 

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Ha Ha Ha!  Fellow blogger, and the "Go to guy for DUI"(in California that is),  Hunter Biederman nails Judge Smails...umm...I mean William Kortemier for refusing to take a breath test.  See Hunter expose the fat cats for what they are.  Biederman illuminates the hypocrisy many in power dish out on a daily basis.  Now I am a big believer of the idea that you are not guilty, and innocent until proven guilty, in court, by a jury of your peers, and beyond a reasonable doubt.  However, I bet he is a kind of guy who deals harshly with alcohol offenders, and who will take advantage of every legal trick in the book to get out of his DUI, then look down his nose at us mere mortals.  The moral of this story ladies and gents, please, for the love of God, Allah, Buddha, Vishnu, Zeus, or Odin, DO NOT UNDER ANY CIRCUMSTANCE(UNLESS YOU HAVE NEVER HAD A SIP OF ALCOHOL IN YOUR ENTIRE LIFE-(AND YOU STILL PROBABLY SHOULDN'T) take a breath test, by the road or at the police station;  or take a field sobriety test(AT LEAST WITHOUT YOUR ATTORNEY PRESENT-AND YOU STILL PROBABLY SHOULDN'T)!

Be like the fat cats. They have the inside knowledge and power. They don't take DUI field sobriety tests. They don't take DUI breath tests. The reason the fat cats don't take DUI field sobriety tests or DUI breathalyzers is simple. They know it is much more difficult to prove driving under the influence of alcohol when you don't have physical evidence.  When you take a breath test or field sobriety test, you are literally just handing over evidence to help convict yourself.  You might as well drive your car through the police station window, while puking, with bottles of Jack Daniels rolling across the dash, stumble up to the first police officer you see, and slurringly say, "I'll have a double my good man."

 

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Summer Time brings new and inexperienced boaters to the lakes and waterways all over Alabama.  Many people are unaware that you can be convicted of Boating Under the Influence.  Here is Alabama's Boating Under the Influence Law below.  Notice how the penalties are the same for operating a car or a boat under the influence of alcohol or drugs:

§ 32-5A-191.3. Operation of vessel and other marine devices while under influence of alcohol or controlled substances.

(a) A person shall not operate or be in actual physical control of any vessel, or manipulate any water skis, aquaplane, or any other marine transportation device on the waters of this state, as the waters are defined in Section 33- 5-3, under any condition in which a person would be guilty of driving under the influence of alcohol or drugs pursuant to Section 32-5A-191 if the person was driving or controlling a motor vehicle.

(b) In the case of a vessel or other marine device described in subsection (a), where a law enforcement officer has probable cause to believe that the operator of the vessel or other marine device is operating in violation of this section, the law enforcement officer is authorized to administer and may test the operator, at the scene, by using a field breathalyzer or other approved device, as a screening device, to determine if the operator may be operating a vessel or device in violation of subsection (a). Refusal to submit to a field breathalyzer test or other approved testing device shall result in the same punishment as provided in subsection (c) of Section 32-5-192 for operators of motor vehicles on the state highways.

(c) The fact that any person charged with violating this section is or has been legally entitled to use alcohol or a controlled substance shall not constitute a defense against any charge of violating this section.

(d) Upon a first or subsequent conviction, a person violating this section shall be punished in the same manner and under the same conditions as a person convicted of driving under the influence of alcohol or drugs pursuant to Section 32-5A-191, or any successor section or sections providing for the offense of driving under the influence of alcohol or drugs, except that in any case where reference is made to the Director of Public Safety and the driving privilege or driver's license of the person, the reference shall be deemed to refer to the Commissioner of Conservation and Natural Resources and the vessel operating privilege or boater safety certification of the person convicted under this section.

 

Continue Reading...

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Jurisdiction refers to the court's power to hear and determine cases.  A court must have proper jurisdiction before it can enter a valid judgment.  Proceedings held in a court without proper jurisdiction are void and unenforceable.

Alabama Municipal Courts have jurisdiction over a case if all three elements below are met: 

• there is a valid city ordinance proscribing the conduct
• the alleged offense must have been committed with the police jurisdiction of the city
• and the accused must be properly brought before the court

A municipality's jurisdiction is territorially restricted according to the size of the city.  In a city with less than 6,000 people, jurisdiction extends to all adjoining territory a mile and a half beyond the city's corporate limits.  For a city with more than 6,000 people, police jurisdiction, and thus the jurisdiction of the municipal court, extends to three miles beyond its corporate limits.

So, if you get pulled over for a DUI in Homewood or Mountain Brook, you will be subject to their municipal code, and will be charged in that city. 

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Jamie Spencer, my buddy down in Austin, makes an excellent point regarding prostitution and the law.  Jamie cleverly points out that that the definition of prostitution, at least according to Websters Dictionary, includes having sex.  If we followed the normally recognized definition you would actually have to consummate the "hooker,"and "john" relationship.  As it is, the law in Alabama is very much like the law Jamie writes about in Texas.  I have listed the law in Alabama below and you can see that, in Alabama as in Texas, the laws are similar.  You can be convicted of prostitution without ever having received what you paid for. 

• No person shall commit an act of prostitution as defined in Section 13A-12-120.
•  No person shall solicit, compel, or coerce any person to have sexual intercourse or participate in any natural or unnatural sexual act, deviate sexual intercourse, or sexual contact for monetary consideration or other thing of marketable value.
• No person shall agree to engage in sexual intercourse, deviant sexual intercourse, or sexual contact with another or participate in the act for monetary consideration or other thing of marketable value and give or accept monetary consideration or other thing of value in furtherance of the agreement.
• No person shall knowingly do any of the following:

(1) Cause or aid a person to commit or engage in prostitution.

(2) Procure or solicit patrons for prostitution.

(3) Provide persons or premises for prostitution purposes.

(4) Receive or accept money or other thing of value pursuant to a prior agreement with any person whereby he or she participates or is to participate in the proceeds of any prostitution activity.

(5) Operate or assist in the operation of a house of prostitution or a prostitution enterprise.

§ 13A-12-122. Violations.

Each violation of this division is a Class A misdemeanor.

 

 

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