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

The economy has made things difficult for everyone. But one industry that tends to thrive in hard times is crime, either organized groups or individual criminals. Bank robbery, auto theft, white-collar crimes like embezzlement, and of course illicit drug manufacture and sales. In my years as an Alabama criminal defense lawyer, I have represented clients who have been accused of alleged drug possession, drug trafficking, manufacturing, illegal growing of marijuana, and meth lab operation, to name just a few.

Working in Birmingham, AL, I have also seen the growth of the meth industry as a way for some people to illegally make money in a down economy. Recent reports show that police have shut down two alleged meth labs in the West Alabama area.
 
According to police, raids in Hale and Pickens counties halted operation of what authorities sais were two separate methamphetamine labs. Four people were reportedly taken into custody, with police officials in both counties searching for additional suspects.

Pickens County Sheriff David Abston described one of the suspects, Christopher Wayne Kelly, 28, as a “serial burglar.” He is asking burglary victims in four West Alabama counties to report missing items. Kelly, a Tuscaloosa resident who had been staying at his grandfather’s camp house in Pickens County, was taken into custody on Sept. 1, according to the authorities.

The man was charged with third-degree burglary, second-degree theft, manufacturing a controlled substance, possession of a controlled substance, first-degree possession of marijuana and possession of drug paraphernalia. Kelly was placed in the Pickens County Jail on $541,500 bail.

According to reports, police searched Kelly’s residence and turned up a suspected methamphetamine lab, plus several items believed to have been stolen during a burglary in south Pickens County on August 31. Pickens County police believe that the suspect took similar items from hunting camps in Tuscaloosa, Greene, Sumter and Pickens counties.

Law enforcement officials are also looking for 33-year-old Christopher Scruggs, an associate of Kelly’s who has several warrants out for his arrest in Jefferson and Tuscaloosa counties.

In Hale County, officials charged three suspects with manufacturing methamphetamine. According to reports, Charles Tucker, 39, and his wife, Tina Tucker, 35, were taken into custody, along with 34-year-old Wade Johnson, at the Tucker’s Millwood Road residence in Greensboro. The bust was the result of an undercover investigation, which led authorities to the home where at least three suspected methamphetamine labs were in plain sight.

Police say that all three Hale County suspects face charges of trafficking methamphetamine, manufacturing methamphetamine, possession of methamphetamine, and unlawful possession of drug paraphernalia.

The undercover probe that identified the Tuckers as suspects also led to the identification of other suspects who sold drugs to agents of the 4th Judicial Drug and Violent Crime Task Force. Authorities said that warrants and indictments have been obtained for other suspects as well.

Alleged meth labs found in Hale, Pickens counties, TuscaloosaNews.com, September 10, 2009

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As a Birmingham criminal defense lawyer, I find interesting the ingenuity of some people to invent new ways of doing things. From a criminal perspective, drug manufacturing is one of the more scientific pursuits. Not long ago, an Associated Press report disclosed that illegal drug manufacturers were using a new mix of ingredients to produce methamphetamine. But apparently this is nothing new to Alabama’s illicit drug industry.

While it may take a while for state and federal legislation to catch up with the new recipes that clandestine meth labs use to make their product, I’m certain that law enforcement agencies will still be arresting individuals for alleged drug manufacture and sale. The trouble for police and federal drug agents is the less conspicuous nature of this new approach.

According to news reports, most every meth lab in Alabama is using the new approach. “That’s all we’re seeing now as far as labs go,” said Albertville police Chief Benny Womack. “It’s much easier and quicker and doesn’t get as much attention. Somehow or another, these guys are better chemists than the ones who have degrees.”

Apparently, the new formula, or process, is called “shake and bake.” It uses a more simple recipe that requires just a two-liter soda bottle, cold pills and chemicals. The maker only has to mix the components by shaking the bottle. The resulting meth powder is reportedly highly addictive.

Reports for the AP reviewed lab seizures in 14 states, including Alabama, and found that the new method is spreading across the country and is contributing to a spike in the number of meth cases after years of declining arrests.

Because the volatile mixture requires fewer pills of common decongestants ephedrine and pseudoephedrine, it allows makers to skirt the law restricting over-the-counter sales of these medications. According to authorities, many meth users traveling from pharmacy to pharmacy, buying small quantities of pills to avoid attention.

The drug legislation and last year’s formation of the Safe Streets Task Force for Northeastern Alabama have combined to reduce the number of meth labs in the region, authorities said. The Birmingham Division of the FBI works directly with the Safe Streets Task Force, which includes 22 federal, state and local partners in Marshall, Etowah, DeKalb and St. Clair counties.

New meth formula avoids anti-drug laws, SandMountainReporter.com, September 8, 2009

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News reports out of Huntsville say six pounds of what drug dealers call “ice,” a crystallized form of meth, was seized in one of the largest drug busts in the history of North Alabama, according to police and drug enforcement officials. On September 3, officers from the Limestone County sheriff’s department arrested Bobby Ray Miller, a resident of Toney, Alabama, on criminal charges of drug trafficking and possession of drug paraphernalia. The 67-year-old was reportedly apprehended at his home on McKee Road along with six pounds of the illegal drug valued at nearly $200,000.

As a Birmingham criminal defense lawyer, I know that the drugs seized as part of this bust represent quite a sizeable piece of evidence, however, I also hold that every citizen is guaranteed under the Constitution to have his day in court. In our system of law, an individual is always considered innocent until proven guilty by a jury of his or her peers. My job as an Alabama criminal attorney is to provide an aggressive defense for those people accused of crimes by our justice system and to represent those clients well, both in the initial criminal case as well as any subsequent criminal appeals trials.

News reports of this incident stated that in addition to the large amount of crystal meth taken in the raid, deputies also seized $100,000 in cash, two Harley Davidson motorcycles, a semi-truck, two pick-up trucks, a Chrysler 300 sedan, and a trailer.

Law enforcement officials with the sheriff’s department say that this arrest for drug trafficking isn’t the first time that Miller has been charged with illegal activities in Alabama. Nearly 15 years ago, he was picked up on gambling charges. In 1995, police arrested the man and confiscated about $90,000 allegedly made off an illegal gambling operation.

6 lbs. of meth seized in Limestone County drug bust, WAFF.com, September 4, 2009

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The Colbert County Sheriff’s Department and other drug enforcement personnel are looking for suspects who may have had a hand in the cultivation of a vast garden of marijuana in Barton, Alabama. Based on an anonymous tip, officers recently discovered the “weed” patch located on TVA property that had nearly 100 marijuana plants growing in a wooded area just off U.S. Highway 72. According to reports, the plants were six to eight feet high and had a total street value of nearly $100,000. Police said that the plot of land was well cared for, having probably been watered and fertilized on a fairly regular basis.

Being an experienced criminal defense attorney in the Birmingham area, I have represented clients accused of similar activities. Some people believe that marijuana should be legalized -- and, in fact, it has been made legal in some states for medicinal use -- but regardless of your politics, unlawful manufacture of a controlled substance is treated as a felony. Any person arrested for a felony should seek professional legal help.

I believe that everyone deserves to have their day in court, which is why I make every effort to provide an aggressive defense for all of my clients. In this case, there haven’t been any arrests, but the police are asking the public to step forward with any information leading to the apprehension of these marijuana growers.

Based on news reports, law enforcement authorities have apparently destroyed all of the plants found in that one area, which means that the responsible person or persons may have moved on. Until those individuals are found, police will continue to rely on tips from the community, as well as helicopter flyovers to detect additional patches of illicit drug crops.

Marijuana plants found growing in Colbert County, WAFF.com, July 2, 2009

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Cullman County -- Police recently arrested a man for allegedly operating a meth lab at his home in Hanceville, AL. Billy Floyd Norris apparently called police to report some stolen property. When officers arrived, the 33-year-old man told them that that his roommates had robbed him. Police could not verify that a robbery had occurred, however they did discover traces of drugs on the premises, as well as evidence of an active methamphetamine lab. The Cullman Narcotics Enforcement Team took samples to positively identify the seized chemicals and drugs. Norris was charged with manufacturing and unlawful possession of a controlled substance. He was incarcerated at the Cullman County Detention Center on $1 million bond.

Franklin County -- A Russellville woman has been accused of raping a 13-year-old boy, according to authorities. Ashley Turner, 24, was indicted by a grand jury in May for allegedly having an extended sexual relationship with the boy at his home during 2008. The boy’s parents reportedly did not find out until after the relationship had been ongoing for some time. The Franklin County Sheriff's Office said Turner and the boy are friends and that the boy consented to the sexual relationship. Legally the boy is too young to consent -- therefore a charge of second-degree rape has been lodged against Turner. This is a Class B felony that carries a prison sentence of two to 20 years.

Madison County -- A resident of Harvest, Alabama, was arrested recently for attempting to pass a counterfeit $100 bill at a Madison McDonald's restaurant. According to reports, police arrested James Michael Cook on June 8 after an employee reported the incident to police. A preliminary investigation led authorities to find $6,200 in counterfeit $100s in Cook's possession. In a subsequent search, Madison police and the U.S. Secret Service located and seized an additional $9,700 in counterfeit $100 bills. Cook has been charged with first-degree criminal possession of a forged instrument and is being held in the Madison County jail on $20,000 bond.

Mobile County -- Authorities say that Stanley "Red" Harris was charged June 12 with capital murder in the death of 41-year-old Karen Tillman, who was shot to death during a robbery in Grand Bay. The Mobile County sheriff's office said it was unclear what type of relationship Harris had with Tillman or why the two were traveling together when the shooting occurred during the evening of June 11. According to reports, Tillman got out of the vehicle and was picked up by a passer-by who drove her to a nearby home. Deputies called to the scene of the shooting said that the victim named Harris as her attacker before she died. Harris was arrested at his grandmother's house in Irvington and is currently being held in the Mobile County Metro Jail without bail.

Man reports robbery, police find working meth lab, TheNewsCourier.com, June 15, 2009

Metro Breifs, AL.com, June 13, 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 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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Many counties and municipalities in Alabama offer drug offenders some type of deferred prosecution or drug court for drug possession and use charges.  Drug court is a tedious process that usually involves anywhere from six to nine months with constant court supervision.  An Alabama drug court will require frequent and random drug testing.  Any failure in regards to testing is normally harshly penalized.  If you are not sure you can stay off drugs and alcohol during the entire length of the program, drug court may not be for you.  Failing to take a drug test when required, failing an administered drug test, or receiving additional charges can lead to more jail time and fines.  It may also have you thrown out of drug court and your charges being brought again in an unhappy and unfriendly criminal court.  Drug court is advisable in many cases because upon completion of the program your charges are dismissed and your permanent record will not be jeopardized.  An Alabama drug court can also be a very expensive proposition.  Fines range in the thousands. 

Needless to say, anyone charged with a drug crime in Alabama needs an experienced Alabama criminal defense and drug charge lawyer and attorney.  An experienced Alabama drug possession or possession of controlled substance lawyer can navigate the tricky waters of Alabama drug court proceedings.  An experienced Alabama drug lawyer and attorney will be able to make sure you are a good candidate for drug court and make sure you have no other means to challenge your Alabama drug charge.  No one should automatically enter an Alabama drug court or other deferred prosecution program without first consulting an experienced Alabama criminal defense lawyer and attorney.  Drug courts are often available for those charges with possession of marijuana or unlawful possession of controlled substances, even if it is not your first offense.  However, there may be ways to challenge the search and seizure of the drugs or have the case dismissed because of some other police misconduct.  The moral of the story is simple, do not blindly plead guilty to an Alabama drug charge of any kind.  Prosecutors are not your friend and they want a quick and easy resolution.  Do not give it to them.  Make them prove you are guilty in a court of law, or at least, make sure your attorney thinks that it is in your best interest to enter an Alabama deferred prosecution program or similar drug court after viewing all the evidence and circumstances of your charge.  It is quite possible to have Alabama drug charges dismissed without a trial and without pleading guilty. 

Call the Alabama criminal defense and drug charge attorneys and lawyers of Eversole Law today.  We make sure the police have a solid case before we advise a drug court type plea deal.  I am an aggressive Alabama criminal defense attorney and I an not afraid of a trial.  Unfortunately, there are way too many Alabama lawyers who are afraid of trial.  A criminal defense attorney afraid of trial is like a hammer without a nail, does little good and is often only successful in smashing things. 

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Here is a fantastic NORML guide to Alabama's draconian drug laws. Come on people, do we really think we should be putting people away for a mandatory minimum sentence of three years for growing weed for personal use? Get an ornery judge, and the sentence could range from 10-99 years in prison.  There are better things we could be doing with our time and resources, surely.

I highly recommend everyone get involved and try to change these laws. Check out the National Organization for the Reform of Marijuana Laws to learn more. 

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Alabama Code § 13A-12-212. Unlawful possession or receipt of controlled substances.

"UPOCS" = Unlawful Possession of Controlled Substance

(a) A person commits the crime of unlawful possession of controlled substance if:

(1) Except as otherwise authorized, he possesses a controlled substance enumerated in Schedules I through V.

(2) He obtains by fraud, deceit, misrepresentation or subterfuge or by the alteration of a prescription or written order or by the concealment of a material fact or by the use of a false name or giving a false address, a controlled substance enumerated in Schedules I through V.

(b) Unlawful possession of a controlled substance is a Class C felony.

The State must prove all three following elements of the crime to sustain a conviction for unlawful possession:

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