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

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 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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Being an experienced Birmingham criminal defense attorney, I have the knowledge and skills to represent Alabama residents and other persons accused of committing crimes by the law enforcement agencies of this state. These criminal acts can include theft, larceny, assault, drug possession, criminal sexual behavior, murder and other crimes. As an Alabama criminal lawyer, I do believe that an individual is innocent until proven guilty in a court of law. That’s something nobody can take away because it’s a Constitutional protection granted to everyone in the United States.

Recently, a Franklin County grand jury handed down a number of indictments for a variety of crimes. Many of these individuals will claim that they were unjustly accused. A trial will be held to determine the guilt or innocence of each person. Here is a selection of those indictments:

• Aaron Andrew Adams, 22, Vina -- third-degree robbery
• Sarah Marie Beasley, 25, Haleyville -- possession of a controlled substance and drug paraphernalia
• Andrew Eric Bryant, 19, Haleyville -- seven counts of fraudulent use of a credit card
• Harold Clayton Bryant, 44, Russellville -- possession of drug paraphernalia and attempting to manufacture a controlled substance
• Richard Henry Fisher, 25, Red Bay -- second-degree attempting to manufacture a controlled substance, contributing to truancy and third-degree theft of property
• Tyler Blake Garrison, 18, Russellville -- four counts of third-degree burglary, three counts of second-degree theft of property and one count of attempted theft of property
• Guillermo Castro Gutierrez, 19, Russellville -- second-degree criminal possession of a forged instrument, first-degree identity theft and second-degree forgery
• Jason Anthony Hacker, 25, Vina -- third-degree burglary, third-degree criminal mischief, unlawful breaking and entering a motor vehicle and five counts of third-degree theft of property
• Donnell Lee Harris, 44, Sheffield -- third-degree burglary and second-degree theft of property
• Ryan Bonds Hester, 29, Phil Campbell -- possession of a controlled substance, possession of drug paraphernalia and two counts of domestic violence third-degree assault
• Rafe Hollander, 23, Russellville -- violation of the community notification act as a sex offender
• Dana L. Johnson, 35, Haleyville -- possession of a controlled substance and unlawful possession of drug paraphernalia
• Anthony Wayne Lane, 28, Russellville -- second-degree receiving stolen property, third-degree assault, third-degree burglary and third-degree theft of property
• Hector Ortiz, 25, Fayette -- second-degree forgery, leaving the scene of an accident, public intoxication, resisting arrest and obstructing justice by giving false identification
• Carey Renea Peters, 32, Vina -- second-degree theft of property, violation of protective services, attempting to possess a controlled substance and possession of drug paraphernalia
• Joseph Thomas Postell, 20, Harvest -- second-degree escape
• Cody James Simpson, 20, Florence -- first-degree theft of property and third-degree burglary
• Erskin L. Spearman, 33, Jasper -- public intoxication, second-degree possession of marijuana, carrying a pistol without a permit and certain persons prohibited from carrying a firearm
• Robert Duncan Strickland, 19, Red Bay -- possession of drug paraphernalia and contributing to truancy
• Tilena Ann Watson, 36, Red Bay -- second-degree manufacturing of a controlled substance
• Roger Lee West, 28, Mount Hope -- second-degree forgery
• David Leeander Whitman, 30, Phil Campbell -- first-degree theft of property

Franklin County grand jury, TimesDaily.com, November 26, 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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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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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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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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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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Here is the Alabama law on receiving stolen property.  It is interesting and kinda scary, because if you were sold something that turned out to be stolen, it could become a question of fact for a jury to decide, whether or not you, knew or should have known, the goods you purchased where stolen or not.  Receiving stolen property in the first degree is a Class B Felony, a serious offense.

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Alabama theft of property law is contained in Alabama Code § 13A-8-2. Theft of property -- Definition.

A person commits the crime of theft of property if he or she:

(1) Knowingly obtains or exerts unauthorized control over the property of another, with intent to deprive the owner of his or her property;

(2) Knowingly obtains by deception control over the property of another, with intent to deprive the owner of his or her property;

(3) Knowingly obtains or exerts control over property in the custody of a law enforcement agency which was explicitly represented to the person by an agent of the law enforcement agency as being stolen; or

(4) Knowingly obtains or exerts unauthorized control over any donated item left on the property of a charitable organization or in a drop box or trailer, or within 30 feet of a drop box or trailer, belonging to a charitable organization.

The state of Alabama has to prove three elements to convict a person of theft of property.

• that the defendant knowingly obtained the property of others
• defendant obtained that property by deception
• and defendant intended to deprive the others of their property

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