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

A former candidate for county judge has been convicted on federal charges of child enticement, possession or accessing child pornography and receipt of child pornography.

Our Birmingham criminal defense lawyers know that these charges have not only derailed his career, they will likely land him in prison for some time. Allegations such as these are of the utmost seriousness.

Even in cases like this, where no child was actually touched or harmed, prosecutors do not take these charges lightly. That means you can't afford to either. When you're facing child pornography charges, your reputation, career and freedom are on the line, and you have to fight back with everything. That means working with a criminal defense team that is experienced, knowledgeable and has a proven track record of success.

The 59-year-old defendant in this case also faces state charges, for enticing a minor for sexual purposes and traveling to meet a minor for sexual purposes, as well as for possession of both drug paraphernalia and marijuana.

All these charges stem incident or series of incidents in which the former candidate reportedly was exchanging online messages with a 14-year-old boy from Birmingham - or at least, someone he thought was a young boy.

As it turned out, the individual was actually an undercover police officer.

The former judicial candidate reportedly posted an online advertisement on an internet forum. He reportedly posted some 370 messages to the individual he believed was a young teen boy, though in reality, it was an officer with the state's Internet Crimes Against Children task force.

He was arrested first on the state charges after he allegedly arrived at a predetermined location expecting to meet the boy in person. Instead, he was met by state police officers.

As part of the investigation, officers then searched his home and office, finding evidence of child pornography, as well as marijuana, a scale, pipes with residue and rolling papers.

He was then released on bond and re-arrested by U.S. Marshals on federal criminal charges related to the exact same incident involving his communications with the "boy." 

While many cases involve either state or federal charges in a single case, it's not unheard of that someone would be facing both.

18 U.S.C. 2252A holds that possession or receipt of child pornography carries a penalty of between 5 to 20 years - for each charge. 18 U.S.C. 2251 holds that sexual enticement of a child is a felony that carries a minimum sentence of 15 years and a maximum sentence of 30 years.

Appealing cases like this are very difficult because you almost always end up arguing issues of law, rather than issues of fact. Those are tough points to make. So your absolute best chance of holding onto your freedom is to fight vigorously not to be convicted in the first place.

The defendant in this case had been set to run for County Circuit Court judge in Jefferson as the Republican candidate against the Democratic incumbent. The defendant's party removed him from the ballot following his initial arrest.

He had also run a previous unsuccessful local judicial campaign in 2010.

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A man who has been imprisoned on conviction of Birmingham sex crimes has had additional charges  against him dismissed.

Birmingham sex crimes defense attorneys understand that that the 77-year-old, who is already serving a 20-year sentence, was reportedly preparing to face another trial for sex abuse alleged by two girls who attended a day care that is now closed.

According to The Birmingham News, the defendant was convicted last year of sexual abuse of an 8-year-old girl at the day care center. However, two other girls, who were age 5 at the time, had also reportedly accused the man of abusing them. But a jury was not able to reach a verdict with regard to their alleged abuse.

An appeal of his conviction on the one sexual abuse charge was upheld - so he remains incarcerated. However, the case brought by prosecutors on behalf of the 5-year-olds was dropped.

Prosecutors are saying it's not that they don't believe the crimes occurred, but rather that they don't want to put the young girls through a second trial.

However, this does not stop the girls' parents from pressing forward with a civil suit against the defendant. The pending civil litigation is against not only the defendant, but also the day care center itself, the church sponsor and others who were involved with the day care.

The man's Birmingham defense attorney said his client has maintained his innocence from day one. He was quoted by reporters as saying that his client has no money, other than what little he may earn while working in the prison. So to sue civilly, he said, doesn't make much sense.

Barring any unforeseen circumstances, his client would be 96 when  he is eligible for release.

What's important to note in cases such as these is that when you have a defendant who is a child, there is a good amount of reasonable doubt that can be raised. It's not that children often lie. However,  a child is far more vulnerable to suggestion than adults. That means that something may not have occurred, but when someone begins to question them about it, they can get confused and give answers that they believe the adults want to hear.

What's more, if a child is very young, they may have a skewed concept of timing of certain events, they may get certain people confused and many have very vivid imaginations.

Again, this is not to say they are all lying. And in fact, it's important to know that even if you did commit a sex crime, there are approaches that an experienced Birmingham sex crime defense attorney can take to minimize the consequences - particularly if it is your first offense.

According to Alabama Code 13A-6-69.1, sexual abuse of a child younger than 12 is defined as any sexual contact with by a person over the age of 16 with a person under the age of 12. This is considered a Class B felony, which means a minimum imprisonment of two years and a maximum imprisonment of 20 years. A Class B felony that involves a child (as it did in this case) means that a conviction will garner you no less than 10 years in prison, according to Section 15-20-21(5).

And it's not even over once you're released. If your offense involves a child, you'll be subject to a minimum of 10 years supervised release by a parole officer.

That's why it's so important in these cases not to discuss the case with anyone other than your attorney and also to not leave your fate in the hands of a public defender.

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The manager of the Briarwood Presbyterian Church radio station was arrested in Seagrove Beach recently after allegedly asking a teenaged girl and a 23-year-old woman, sans pants, where to find a nude beach, The Birmingham News reports.

The story goes on to say the man made a detailed statement to deputies, which may seal his fate in court. Birmingham Criminal Defense Lawyers would advise any future clients who are being investigated for a crime not to speak with law enforcement. Whether you are charged with a sex crime in Alabama or another type of charge, making a statement is rarely beneficial.

According to the news report, the man was driving when he pulled up in his van to a 15-year-old girl and a 23-year-old woman and asked them if they knew where there was a nude beach. The victims, according to an arrest report, saw his genitals. He also asked them to get into his van, but they didn't.

Within two hours, deputies found him at a nearby apartment. They asked him if he knew why they were there and the defendant made a detailed statement.

"He stated he was driving around and decided to go to a nude beach," according to the sheriff's report. "He stated he loved being naked and had been to a nude beach before and loved it. The defendant stated while he was in his vehicle he took his clothes off because he loved being naked. He stated he pulled up to a couple of girls and asked them where the nude beach was because he didn't know where it was."

Depending on the credibility of the officers -- because the statement likely wasn't tape recorded -- this could be an uphill battle for the radio station manager. And he is charged with lewd and lascivious behavior, which is punishable by up to 15 years in Florida.

Regardless of the state, anyone charged with a sex crime likely faces serious penalties, which almost always include prison time. In Alabama, a sex crimes conviction can lead to the following penalties:

• Years or decades in prison
• Steep fines
• Lifelong registration as a sex offender
• Restrictions on where you can live, work or recreate
• Loss of professional licenses
• Revocation of the right to vote and bear arms
• Ongoing electronic monitoring

Unlike other felony charges where a person can be convicted, serve their time and go on with their lives, a conviction for a sex-related crime lives on with the defendant. Having to register as a sex offender in state and national databases remove any sense of privacy a person may have. Neighbors will know when you move into town and you must tell law enforcement where you go and when. It's the modern scarlet letter.

And the sex offender database doesn't do a good job of distinguishing between violent child molesters and 18-year-olds who had sex with 16-year-olds or a drunk person who urinates in public unknowingly in front of a child.

So, if you or a loved one faces an embarrassing sex-related crime, call Birmingham criminal defense lawyers immediately. Our firm will do everything within the law to fight the charge and protect your rights.

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The News-Courier in Athens recently reported about a sex offender who was arrested for failing to notify authorities that he had moved.

Picking up a conviction for a sex crime in Alabama is akin to being labeled with the Scarlet Letter on your forehead. Sadly, Birmingham Criminal Defense Lawyers have seen many defendants who were wrongly accused of such a crime suffer a ruined reputation simply for being arrested. Hiring an experienced defense lawyer who won't judge you and will fight for your rights is critical.

The newspaper reported that the man had been living in a motel off U.S. 31 South in Athens and he is now charged with failure of a sex offender to transfer and establish legal residence, in violation of Alabama Code 15-20-23.

People convicted of a sex offense in Alabama who are deemed sex offenders are required to register with the sheriff's office of the county or police department in the city where they live. If they move, they must give 30 days notice to the local law enforcement that they are moving.

Failing to provide a timely and accurate written declaration is considered a Class C felony in Alabama, which is punishable by up to 10 years in prison and $15,000 in fines.

Imagine having to deal with all the other pressures of moving, such as packing, finding a new place, dealing with selling a house or canceling out a lease and on top of all that having to tell the local police department or sheriff's office you're moving and where.

And it's not as if the police department simply stores that information away and does nothing with it. The person's name is stored in the state's Sex Offender Registry, which is available for anyone in the world to search online. According to the Alabama Department of Public Safety, there are more than 11,000 offenders in the system.

I bring up all this to prove how serious these penalties are. From the 18-year-old who has sex with his 17-year-old girlfriend and then has a bad breakup to the man accused of a sex offense for urinating outside, sex offenses aren't always as heinous as portrayed on television. People who don't commit rape or sexual assaults can be labeled sex offenders for the rest of their lives.

That's why attacking the charges early in the process is crucial. Hiring an aggressive and experienced Birmingham criminal defense lawyer can make the difference between prison time and probation and being labeled a sex offender for the world to see and being able to live without neighbors looking at you as if you're a violent criminal.

Sex crime prosecutions sometimes come down to a he said/she said types of cases, which makes it important to attack the credibility of the state's witnesses. Suppressing physical evidence because police mishandled it can also be important in defending these types of cases. So, don't leave this up to a rookie defense lawyer, trust a firm that has been doing this for years.

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Two women and a man were recently charged in Shelby County in a case of prostitution that involves allegations of human trafficking, The Birmingham News reports.

Birmingham sex crimes are rarely taken lightly by police officers and prosecutors, which is why hiring Birmingham Criminal Defense Lawyers could mean the difference between significant jail or prison time and probation.

According to the Code of Alabama, prostitution is defined as agreeing to have sexual intercourse for money, soliciting for sexual intercourse for money or helping others commit prostitution. The charge is classified as a class A misdemeanor, which means up to a year in jail and up to $6,000 in fines.

In Shelby County, one of those arrested faces a charge of human trafficking that accuses him of benefiting from an activity with ties to sex or servitude, the newspaper reports. The woman are charged with promoting prostitution and obstructing justice.

The newspaper reports that the incident happened at a mobile home park between April and May. Further details of the alleged crime weren't reported.

And these types of crimes aren't uncommon: In Mobile recently, eight people were arrested during an undercover sex sting at a local park, CBS News reports. In that case, police conducted a sting after citizens complained of people approaching others for sex.Those arrested were charged with loitering for the purpose of deviant sexual activity.

In the Mobile case, two of the people arrested were public school employees. Now, while loitering is considered a minor crime by most standards, you can imagine the kind of damage an arrest will do to those employees. It's possible the school district will fire them simply because they have been arrested, without proof of guilty.

This is why a proper sex crimes defense is so important. Many people in the public see an arrest as proof of guilt, but don't consider that police officers make mistakes just like everyone else. And their misinterpretation of the law can lead to an arrest and a ruined reputation. But successfully defending a case by getting the charges dropped or winning at trial can work to restore a person's good name.

But as the allegations become more and more serious -- from prostitution to an allegation of sexual assault or rape -- the reputation becomes less important and fighting the steep penalties take priority. In Alabama, sex crimes can be punishable by decades in prison. Defendants who are convicted may have to register as a sex offender for life, notifying neighbors every time they move that they have a record. They may be restricted about where they can work and live and may not be able to have certain professional licenses. They may have to walk around with electronic monitoring so that someone is tracking their movements at all times.

These charges can alter a person's life and therefore must be defended properly. Looking into the credibility of witnesses, whether DNA evidence is available and can be challenged as insufficient and other defenses must be explored. If a defendant makes a statement to police, which isn't advised, it's possible it can be suppressed so it won't make it before a jury. Same goes for evidence and how police obtained it. There are many complex legal issues involved in sex cases and they must be handled by a firm with experience in these matters.

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An Andalusia middle school teacher recently pleaded guilty to two counts of second-degree sodomy for performing oral sex on several students, The Andalusia Star-News reports.

While it appears there is a nationwide increase in sex cases involving students and teachers, what's important to understand is that everyone is considered innocent until proven guilty (or enters a plea). That's what our Constitution guarantees and while news of arrests can be daunting, the facts as displayed in an arrest report aren't always the facts played out at trial.

It is plausible that male students would make up stories of sexual romps with female teachers to try to impress their friends. That's not always the case, but it takes a Birmingham Sexual Crimes Lawyer to sort out the facts and aggressively defend every client charged with a sexual crime. Sex crimes in Alabama carry severe penalties and require an experienced attorney.

In the case in Andalusia, the special education  teacher was accused of  performing oral sex on two different students on two occasions inside her vehicle between November and February. According to the news story, the students weren't her students.

As part of her 15-year sentence, she will have to serve three years in prison, minus credit for the time she has already served in jail. After the three years, she will have to spend 12 years on probation. Additional conditions of her plea agreement include:

• Resign from the school system
• Surrender her teaching certificate and license to teach
• Register as a sex offender
• Submit a DNA sample

It's evident that the punishment is severe for this teacher. She will forfeit her career and live her life as a convicted sex offender. That's on top of three years in a state prison followed by more than a decade of probation costs and monitoring by the state. She will have to deal with a probation officer anytime she wants to go anywhere or do anything.

According to the Alabama Code, Section 13A-6-64, second-degree sodomy means engaging in sex with someone who is between 12 and 16 or someone who is incapable of consent based on their mental capacity.

The Daily Mail, a United Kingdom newspaper, wrote about the Andalusia case as well as the cases of other female teachers accused of having sex with male students. A Virginia psychologist told the paper that society has become enamored with the idea of older women and younger men, as seen on television. He said the idea is trendy and is seen as a badge of honor for younger men.

And with social networking sites, it has become easier for teachers to communicate with students. He said there aren't boundaries like there used to be between students and teachers.

While none of this is acceptable, it may explain why there has been an uptick in this particular type of crime. Being convicted of this type of crime could haunt the person in prison, after the prison term has ended and far beyond, so fighting it is the only option.

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Alabama Attorney General Luther Strange recently announced the arrest of an Opelika man in connection with a 1995 rape and kidnapping, the Ledger-Enquirer reports.

The newspaper reports that the 34-year-old man, who would have been around 18 at the time, was indicted by a grand jury and charged with first-degree kidnapping, first-degree rape and first-degree sodomy.

These are charges that are punishable by up to life in an Alabama prison and Birmingham criminal defense lawyers are prepared to fight such serious charges every day. Alabama sexual assaults and rapes, especially those involving kidnapping, require an attorney who can attack all aspects of the state's case, including DNA evidence, witness statements and police reports.

While the Attorney General didn't release very much information to the public, what was said is interesting. According to an Opelika police source, the sexual assault happened in an "unknown" location. According to news reports, the woman was taken to a police station after someone picked her up on the side of the road.

Prosecutors not knowing where the crime was committed brings up what could be a strong point for the defense. To be convicted of a crime, a person must be tried in the county in which the crime was committed. According to the  Alabama Code, a grand jury doesn't have to know the location of the offense, but "it must be proved, on the trial, to have been committed within the jurisdiction of the county in which the indictment is preferred."

And by news reports stating that the woman was picked up on the side of the road and driven to a police station, it's unclear what her state of mind was and whether she will have the ability to effectively testify against the defendant some 16 years later.

Birmingham defense lawyers have been defending sex crime suspects for years. These types of crimes bring with them harsh words from the public, even before a trial happens. By law, they can be punishable by decades or life in prison, require defendants to register as a sexual offender for life and stay on their criminal record forever.

Therefore, these types of serious crimes require a serious defense team. You can lose your job, professional licenses, have to wear electronic monitoring, tell your neighbors about your conviction and otherwise be humiliated. You have a lot to lose, so don't talk to law enforcement until Steven Eversole is by your side.

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A 20-year-old Birmingham man was arrested recently and charged with crimes in connection with the reported rape of a female jogger near Altamont Road, The Birmingham News reports.

Last September, a female jogger reported she was attacked and raped by a man. Two days later, another woman jogging nearby was nearly attacked but ran away. The man was arrested in connection with a third event when a woman reported a man in a gold Dodge Neon was following her and she was able to get the tag number and report it to police. That, police said, led them to the 20-year-old they recently arrested. He is charged with rape, sodomy, kidnapping, sexual abuse, attempted kidnapping and possession of a controlled substance.

It's easy for the public to villainize people charged with sex crimes in Birmingham. But like anyone charged with a crime, they have the Constitutional right to a fair trial and competent defense representation. That's why Alabama criminal attorneys dedicate time to defending people charged with these types of crimes.

When someone reports they have been sexually assaulted and the media produces stories about it, it puts pressure on police to make an arrest.  They rush to judgment and may seek to prosecute someone who may be innocent. A lack of credible DNA evidence, shaky eye witnesses and alibis for the suspect are all defenses that can be presented at trial.

Sex crimes are some of the most frightening to be faced with, whether the allegations are true or not. Often, these cases come down to one person's word against another's. Sometimes, the alleged victim has a personal feud with the attacker or isn't 100 percent sure that is the person who attacked them but wants someone arrested for the crime. It happens and can result in a false arrest.

But once an arrest is made, it can ruin a person's reputation, even if it's a false allegation. If convicted, penalties for the crime can range from years to decades in prison, steep fines and lifelong restrictions on a person's life once they are released from incarceration.

Again, these are serious crimes and require serious representation. Along with criminal consequences, someone fighting a sex charge publicly can face problems at home, at work and in the community. Protect your rights and don't speak with law enforcement before consulting with a sex crimes attorney.

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A Phenix City woman recently received a sentence of probation and community service in a case where she tried to extort cash from a man who allegedly paid to have sex with her daughter, the Columbus Ledger-Enquirer reports.

Montgomery defense attorneys understand that people sometimes get desperate and make mistakes. That's when they need an experienced, diligent criminal defense attorney who can fight for their rights in a criminal court of law.

In the case of the 34-year-old mother, she found out a man was allegedly paying her daughter for sexual favors after contacting the girl through the online social networking site MySpace. After the mother found out, she and another mother, who failed to show up for court recently, contacted the man and demanded he pay them $7,000 for not bringing up child molestation accusations.

The women were indicted by a grand jury in March in Columbus, Ga.. The girls pleaded guilty in April 2010 to prostitution charges. The man has pleaded not guilty to charges of aggravated child molestation, sexual exploitation of a child, enticing a child for indecent purposes and pandering.

Cases involving child sex charges in Alabama can be difficult to defend, which is why an aggressive defense attorney is important. The laws in Alabama allow for tough penalties that often include lengthy prison sentences. But cases of a sexual nature can also be faulty. They often rely on witnesses who aren't credible, police violations regarding statements and evidence and other factors that can affect the outcome of a case.

And if parents are arrested by law enforcement for cases involving the abuse or neglect of a child, the Alabama Department of Human Resources will get involved. That can lead to a long time of sanctions to maintain custody of your child while you fight criminal charges. Your rights need to be protected every step of the way.

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Two suspects are facing charges of sexual abuse in Homewood involving a child under the age of 12, The Birmingham News reported.

A Birmingham child abuse defense lawyer understands the challenges inherent in such cases. Public sentiment may be against a client before any evidence is presented. Parents must often defend themselves in the court of public opinion, in a court of law, and with child welfare advocates. And, even in cases where a defendant successfully defends against the charge, the consequences of having child welfare agencies involved can last for years. In many cases, protecting yourself against the overreaching and overzealous arm of the state bureaucracy proves to be the bigger challenge.

In this case, the women, ages 51 and 30, are said to have a history of prostitution in Texas and are known to stay in hotels throughout the Birmingham area. Both defendants reportedly have a history of small charges, but it is allegations made by the Alabama Department of Human Resources that has them in the most trouble. State welfare officials allege a child in custody has made allegations against the female defendants.

The department says it cannot reveal more information about the case -- apparently just enough to darken the defendant's reputations without proof. Meanwhile, state officials say they will soon obtain warrants for the more serious charges.

Meanwhile, three other suspects have been charged with sexual abuse of a child under 12 as part of an investigation into human trafficking in Homewood. Those charges also include sodomy, human trafficking, promoting prostitution and facilitating travel of a child for an unlawful sex act, according to Fox6 News.

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Police have arrested a minister of the Christian Life Church of Montgomery and have charged him with sexual torture and aggravated child abuse, according to The Republic.

Birmingham sex crimes attorneys understand that such allegations can be devastating and have the potential to negatively affect every aspect of a defendant's life. Certainly a substantial number of priests have been found to have acted inappropriately with children, but there have also been a large number of priests caught up in stereotypical notions and judgments. Being wrongly accused of a sex crime involving a child can be devastating.

The 47-year-old minister was arrested and is being charged with various Alabama sex crime charges.  He resigned from his position at the Christian Life Church of Montgomery because of 'personal issues'.  He was taken to the Montgomery County Detention Facility on a $500,000 bond.  Police report that the former minister will be arrested on an outstanding domestic violence warrant once he is released.

Unfortunately, Many priests are being presumed guilty despite never having their day in court. 

One report collected information on nearly 11,000 allegations against more than 4,000 priests accused of engaging in sexual abuse of a minor between 1950 and 2002.

Here are the results:

-More than 10 percent of these allegations were determined as not substantiated.

-For nearly 20 percent of the allegations, the priest was either inactive or deceased at the time of the initial claim.  Typically no investigations were conducted in these circumstances.

-Approximately 81 percent of the victims were male.

Child Protect has currently joined the case against the Alabama priest.

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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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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.

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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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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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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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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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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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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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Lawyers, judges and law enforcement professionals all have a responsibility to uphold the laws of Alabama and the United States. But those who twist the law for their own purposes do a disservice to themselves and to society. As a Birmingham criminal defense lawyer, I was shocked by recent revelations regarding an Alabama judge who reportedly used his authority to allegedly commit sexual assaults on convicted criminals and jail inmates.

According to news articles, former Mobile County circuit court judge, Herman Thomas, was recently acquitted on a number of charges, which included sexual abuse, kidnapping, extortion and sodomy. The initial finding of the court seems to indicate that Thomas is not guilty, however many people may not be convinced. Regardless of the outcome, it was very unsettling for criminal attorneys such as me to hear of a respected judge being accused of this type of alleged activity.

The 48-year-old Thomas resigned from the bench in October 2007, just before he was scheduled to stand trial before the Alabama Court of the Judiciary on multiple ethics violations charges. The complaint, dismissed after Thomas' resignation, accused him of "extrajudiciary personal contact" with some defendants but does not refer to any sexual contact.

The Alabama State Bar suspended Thomas' law license in March following the first indictment. The latest indictment has the names of the alleged victims blacked out. Both it and the initial indictment reference Thomas allegedly forcing victims to expose their buttocks and striking them with a belt or paddle.

The March indictment charged Thomas with 57 counts, and a second indictment in August added more. At one point, Thomas faced 105 counts, according to court records. A judge apparently threw out some of them because the statute of limitations had expired.

According to reports, during Thomas' judgeship he had a storage room furnished like an office near his eighth-floor chamber at Mobile's Government Plaza. Several criminal defendants have alleged, in affidavits and in court, that Thomas asked to paddle their buttocks in the room, and some said he suggested sexual encounters there, according to newspaper articles.

Citing a state forensics report, the newspaper reported in April that a semen stain found on carpeting in the room matched one of the nine alleged victims from the first indictment.

As would be expected, all Mobile County circuit judges recused themselves from Thomas' case. According to reports, the Alabama Supreme Court appointed retired Marengo County Judge Claud Neilson to hear the case.

Alabama judge cleared of sex abuse with inmates, AL.com, October 26, 2009

Former judge goes on trial in sex-with-inmates case, CNN.com, October 8, 2009

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The wife of a Lowndes County high school principal turned herself into police recently after being charged with having sex with a young student from East Lawrence High School. A former school employee and wife of the school’s principal, Rebecca Nichols, is accused of giving the boy alcohol and marijuana, as well as having sex with him at her home on numerous occasions earlier this year. As a Birmingham criminal defense attorney accustomed to such cases, I know that this type of activity happens more than many people would like to believe.

According to reports, Nichols was charged by the Lowndes County Sheriff's office with contributing to the delinquency of a minor, following accusations from the boy’s mother. Although the police have said that they will not be charging the woman with a felony, because the student was 16 years old and allegedly initiated the sex, the boy’s mother reportedly said that Nichols was the initiator of the sex and should be charged with rape.

Regardless, Ms. Nichols, like anyone charged with criminal sexual behavior, should retain the services of a qualified criminal lawyer to be sure that her case is handled correctly. Also, according to reports, Nichols and her husband, Principal Ricky Nichols, are currently going through a divorce. Although this is more of a curiosity for newspaper readers, it may have some effect on the direction of the case.

This situation is all the more sad, as Ricky Nichols had reportedly become a father figure to the young man ever since his father passed away from brain cancer. The 16-year-old apparently was friends with Nichols’ stepsons and even spent Thanksgiving with the family, as well as occasionally staying with the family. Mr. Nichols has stated that he had no knowledge of the relationship between his wife and the boy until about a month ago, when the boy and his mother approached him with the shocking news.

Principal's wife accused of having sex with Alabama teen, MontgomeryAdvertiser.com, August 8, 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, I am committed to representing those persons accused of crimes in Alabama, be they related to drug trafficking, criminal sexual behavior or other allegedly unlawful activities. I have for years defended individuals charged with a variety of criminal behavior. And while I believe that every person has the right to an aggressive criminal defense, I have little tolerance myself for those in the law enforcement community and the judiciary who by their own actions demonstrate that they are above the law they have sworn to uphold.

Such may be the situation with a former Alabama circuit court judge, Herman Thomas, who had already been indicted on 57 counts of various crimes including kidnapping, sex abuse, sodomy and extortion. The indictments this past spring accused Thomas of sexually assaulting jail inmates and defendants under his power as a judge and, in some cases, paddling them.

According to recent reports, the special Mobile County grand jury that brought those initial criminal charges against Thomas has now issued another volley of additional indictments. With more than 100 criminal counts, I must say that this is quite damning. Regardless, nobody, not even Mr. Thomas, should be judged solely on the volume or type of charges brought against him or her.

The report produced by the 18-member grand jury, which is divided equally between blacks and whites and about equally between men and women, indicates six new accusers on top of the nine listed in the panel's March report, as well as last week's 46 additional criminal counts. The 48-year-old Thomas claims that the charges are racist in nature.

The ex-judge stepped down from the bench in October 2007 and reportedly this past March his law license was revoked amid the criminal allegations. Thomas and his lawyer had just returned last Friday from Montgomery, where they met with Alabama State Bar officials in preparation for a civil trial on the reinstatement of his license. His criminal trial is set for October 5 in Mobile.

Herman Thomas grand jury issues more charges, AL.com, August 8, 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 former Shelby County resident was recently arrested by U.S. Marshals as part of a sex crimes task force operation in a neighboring state. The capture of one of Alabama’s “most wanted” criminals was carried out with the help of the U.S. Marshals Regional Task Force in Birmingham, Alabama, and with the cooperation of the Shelby County Sheriffs Office. The former Alabama resident and fugitive was captured in Louisiana on charges of second degree sodomy and second degree rape stemming from a case in Shelby County. The suspect, Jack Copeland, will be extradited back to Alabama to stand trial for these alleged sex crimes.

As an Alabama criminal defense lawyer based in Birmingham, I have represented many clients accused of criminal sexual behavior. Although the media tend to paint most sex crime suspects as guilty from the get-go, the law demands that everyone be treated as innocent until proven guilty. We’ve all heard of trial by the press, but in my world the only proper trial is one held in a court of law. Still, there is no getting around charges of second degree criminal sexual behavior.

Rape in the second degree is a Class B felony. For an adult such as Mr. Copeland, this is defined as engaging in sexual intercourse with a member of the opposite sex who is less than 16 years of age and more than 12 years old. It can also cover an instance of sexual intercourse with a member of the opposite sex who is unable to consent because of certain mental deficiencies.

According to a press release from the U.S. Department of Justice, Mr. Copeland was arrested in the afternoon of July 15 at an apartment complex in Lafayette, LA. The arrest was carried out by U.S. Marshals from the Western District of Louisiana’s Fugitive Task Force in Lafayette. The 37-year-old is wanted here for sex crimes and in Florida for several felonies including possession of a controlled substance and domestic battery. He was booked U.S. Marshal Task Force Officers booked Copeland into the Lafayette Parish Correctional Center where he will be extradited back to Alabama, then Florida to face his charges.

Alabama’s Most Wanted Arrested by U.S. Marshals in Lafayette, USMarshals.gov, July 15, 2009

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A registered sex offender was arrested on June 30 in Town Creek, Alabama, as a result of neighbors’ allegations that children were staying with him. The 47-year-old was remanded to the Lawrence County Jail recently with bail set at $15,000. Charged with adult criminal sex offender-prohibited residence, Stephen Wayne Caldwell must now arrange for a new place to live -- the location of his home, according to police reports, was in violation of Alabama laws governing persons convicted of sex crimes.

Having spent my career as a Birmingham, AL, criminal defense lawyer, I know a great deal about sex crimes defense and the penalties that convicted sex offenders typically face. I make every effort to provide an aggressive defense for individuals accused of sex crimes, but a person must also make an effort to improve their situation going forward. In this instance, the man apparently did not follow the rules set by the State of Alabama and register his residence with authorities -- this is a requirement for persons convicted of a sex crime.

Previously convicted in a Kentucky federal court for possession and distribution of child pornography back in 1997, Caldwell has about six weeks to submit a new address to Alabama law enforcement, which is required for all convicted sex offenders living in this state. More importantly, he may end up facing additional legal complications due to allegations that his roommate’s children were staying in the same residence with him. But this remains to be determined.

In any case, I always recommend that anyone accused of a crime should seek the services of a qualified and experienced criminal attorney. The state has a great deal of resources, which is why you need to have a tough litigator on your side.

Registered sex offender arrested after kids spend night at house, TimesDaily.com, July 9, 2009

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A Tuscaloosa, AL, resident was recently sentenced by a Birmingham court to more than 27 years in prison for two sex crime charges. Prince Knight, 38, had been convicted in March of this year for one count of travel with intent to engage in sexual conduct and a second count of transportation with intent to engage in criminal sexual activity.

According to reports, Knight was sentenced on June 10 by Judge L. Scott Coogler to 327 months imprisonment, followed by a lifetime of “supervised release.” Once released from jail, Knight must also register as a sex offender. He also has been ordered not to have unsupervised contact with any child less than 18 years of age.

The crime that initiated the charges occurred in January 2008 and involved Knight traveling from Tuscaloosa, Alabama, to Manhattan, Kansas, for the alleged purpose of engaging in illicit sexual conduct with a 15-year-old child. Knight reportedly picked up the child in Kansas and brought her back to his apartment in Tuscaloosa.

This is a sad case because the defendant worked as a cafeteria attendant at a local Tuscaloosa elementary school. The charges during the period in question, regardless of the outcome in court, surely would have haunted him for many years -- such is the misfortune of those accused of a sex crime. As it turns out, the guilty verdict sealed his fate. Many of the clients I represent as a Birmingham criminal defense attorney are already in a tough spot, but that doesn’t mean they don’t deserve the most aggressive defense possible.

In this case, the defendant already had the deck stacked against him. The prosecution called on his supervisor from the elementary school where he worked to testify that Knight called in sick on a Monday, but then showed up for work the very next day. Meanwhile, the 15-year-old girl he brought back to Alabama had left a note for her parents indicating that she had run away to visit her biological father in California.

Police subsequently located and retrieved the child in Tuscaloosa about a week later. The case involved the Riley County Police Department in Kansas, the Tuscaloosa County Police Department, and the Federal Bureau of Investigation. Being accused of any crime is serious, but with sex crimes involving minors, law enforcement is especially dogged in its efforts to bring the accused to justice. If you or someone you care about is in this type of situation, you should seek a qualified legal professional to handle your case as soon as possible.

Tusc. school cafeteria worker sentenced in child sex scheme, NBC13.com, June 11, 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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A former Enterprise High School coach was recently acquitted of sex-related criminal charges out of state, but now he faces similar charges in Coffee County, Alabama. According to the Enterprise Police Department, 41-year-old Bubba Guy Nall is suspected of incest in 2006. Individuals can be charged with incest if they allegedly have sexual relations with a blood relative or even an adopted relative.

Enterprise investigators had interviewed the alleged victim in Florida, where the suspect was recently acquitted on similar charges. According to reports, the victim said she and Mr. Nall had sex multiple times while she was visiting the man in Alabama. Gary McAliley, the Coffee County district attorney in charge of the case, chose to have Nall arrested on one count of incest and then presented the remaining counts to a grand jury.

According to authorities, the Alabama grand jury met back in October 2007 and indicted Nall on seven counts of incest. Now that the man has been acquitted in Florida, Alabama is ready to try him here at home.

As a Birmingham criminal defense lawyer, I provide a very aggressive defense for all of my clients, especially to those accused of sex crimes. Society is in no way lenient when it comes to suspected sex offenders. The latest reports of this particular case show just how persistent the authorities can be in regard to sex-related offenses. There are always two sides to any story, but this type of case sometimes comes down to one person's word against the other's. This is why anyone accused of a sex crime deserves to have an experienced legal professional represent them in a court of law.

Although Mr. Nall was recently found not guilty of molestation charges in Levy County, Florida, he will have to stand trial in Coffee County soon. McAliley has already said that Nall’s acquittal on three counts of sexual battery on a child between the ages of 12 and 18 will have no influence on the Alabama case. McAliley said his office has different evidence against Nall than that found in Florida.

If you or a family member is accused of a crime, do yourself a favor and retain the services of qualified criminal defense attorney to handle your case. Criminal prosecution is serious business and you need an aggressive lawyer on your side.
 

Former EHS coach acquitted, Zwire.com, June 3, 2009

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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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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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