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

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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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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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 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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If crime wasn’t on the rise lately we probably wouldn’t be seeing such a flurry of local criminal indictments across Alabama. Recently a grand jury in Coffee County handed down more than two dozen indictments for a variety of alleged crimes in the area. As a Birmingham criminal defense lawyer, I represent many different clients, many of whom believe they do not deserve the charges for which they have been arrested. Drug possession and trafficking, Internet crime, criminal sexual behavior, larceny, burglary and all manner of felonies, I always provide a strong and aggressive defense for my clients.

These are a few of the latest charges and accusations by state and local authorities leveled against various individuals throughout our area. The Coffee County Sheriff’s Department served 25-plus grand jury indictments early in September. More will undoubtedly follow.

News reports state that warrants served on the indictments included Christopher D. McCray, 20, of County Road 723, Chancellor, who was arrested on New Year’s Day on charges of murder and attempted murder at the Castle Ridge Apartment complex in Enterprise. According to Enterprise Police Capt. Mike Lolley, police found Tori Maurice Jones, 30, of Hull Street, dead inside an apartment, shortly after midnight. Jones had been shot once in the face and once in the chest. Injured at the scene was George Presley, 26, who walked into Medical Center Enterprise with a gunshot wound in the forehead.

Others included:

• Jeffrey Todd Ivie, 35, of New Brockton, on charges of trafficking and manufacturing of illegal substances, possession of marijuana, first degree and use and possession of drug paraphernalia
• Michael Brett McClain, 19, of Enterprise on charges of first-degree robbery
• Gregory Michael Thames, 37, of Bonifay, Fla., on manufacturing a controlled substance
• Jeffrey Fluellen, 30, of Enterprise, on possession of cocaine and first-degree marijuana charges
• Wilfred H. Wittekind, 75, of Oakwood Dr., Enterprise, on a first-degree sodomy charge
• Robert Wayne Strickland, 45, of Chancellor, on a charge of second-degree assault
• Sarah Smith Rodgers, 27, of Geneva, on distribution of a controlled substance, second-degree possession of marijuana and possession of drug paraphernalia
• Thomas E. McCaw, 25, of Daleville, on charges of second-degree assault, tampering with physical evidence, manufacturing and attempting to elude police
• Nelson Roldansolano, 27, of Melbourne St., Enterprise, on a charge of second-degree felony rape
• Philip Lamar Nolin, 44, of New Brockton, on nine counts of possession of a forged instrument
• Drake Robert Stinson, 20, of Elba, possession and receiving a controlled substance and use and possession of drug paraphernalia

 

Coffee County Grand Jury hands down indictments, EpriseNow.com, September 15, 2009

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A "rip and run" crime wave is targeting Birmingham, Hoover, Irondale, Moody, Leeds, Vestavia, Pelham, Trussville, Mongomery, Cullman, and the rest of Alabama.  Thieves are targeting expensive mechanical pieces found on cars and trucks.  Catalytic converters are a favorite target for this kind of theft.  The thieves take the metal to scrap yards for quick sale.  The converters are worth about $30 to $50 at scrap yards.  Police say the crime takes less than ten minutes to perpetrate and thieves pose as car owners working on their own cars.  In Hoover, Alabama a major criminal case began when thieves stole catalytic converters from multiple cars on a closed car lot.  Repairs often cost the car owner approximately $1300.  Trucks and SUVs seem to be the most targeted vehicles in Alabama because they sit high off the ground allowing for easy access, but any car is susceptible to the theft. 

Many believe the best solution to stopping this kind of crime is to crack down of scrap yards who pay money for scrap metal.  This is an overreaching approach that does nothing but hurt honest business.  It is similar to blaming guns for crime.  As a criminal defense attorney and lawyer I believe that individual rights are the most precious commodity we have in this country.  When we give up those rights to combat minor inconveniences, such as cooper or metal theft, or even when we give up those rights to combat major areas of concern such as inner city violence, and we ban handgun ownership like the District of Columbia, then you are giving up rights the founders of this country fought and died to obtain, and are disgracing the memory of those who have fought and died since to protect those hard won freedoms. 

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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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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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The Alabama Governor is jumping on the recent editorial bandwagon and beginning to call for tougher Alabama DUI laws.  As I surmised in a recent previous post, Alabama needs the all important highway money and is caving to political pressure from Washington to increase Alabama DUI penalties.  Whats even worse, the Alabama Governor even tells a Montgomery, Alabama newspaper the real reason he wants tougher Alabama DUI laws.  His reasoning, Alabama could lose two million dollars in Federal Highway traffic enforcement funds. 

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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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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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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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