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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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Sex crimes in Alabama come with a heavy stigma attached. Nevertheless, everyone’s right to due process is constitutionally protected, including the appeals process. The case of a female Washington County teacher convicted of luring a 14-year-old male student for sex is just such an example.
 
Early last year, a Mobile, AL, federal jury convicted 56-year-old Charlene Schmitz of using a computer and cell phone to lure an 8th grade student for sex. She was sentenced to 10 years and one month in prison and is currently serving time in Florida while her criminal defense lawyer continues to pursue her appeal.

The Washington County school system’s attempts to fire Schmitz following her conviction have been hindered by an Alabama law that gives tenured teachers the right to challenge their dismissal in front of an arbitrator. And although an arbitrator has been selected, legally no hearings can be held until Schmitz's appeals and related state charges have been resolved.

Recent reports reflect the outrage that a convicted sex offender and felon is still employed by the county and continues to receive a salary and retirement benefits totally nearly $70,000 since her termination in May 2008. According to reports, Schmitz would also be eligible for any pay raises between now and the conclusion of her case.

The anger directed at this woman is understandable, but the fact is until her appeal has been decided, she has the right to refrain from self-incrimination. But this right could be jeopardized by any arbitration hearings held prior to the end of the criminal cases. Though it is frustrating for the school administration, as well as for the community, this is her right. Constitutionally protected and guaranteed.

As a Birmingham criminal defense lawyer, I have represented many different clients over the years. Although the crimes of which they were accused vary widely, the one thing they shared was equal protection under the law. What people forget here is that on appeal this woman’s conviction could be overturned. So until then, her rights must be maintained.

Sadly, even if she is exonerated, her life has been turned upside down. Being accused of a child sex crime, even if proven innocent, could be difficult to live down and she may find herself a pariah in the community regardless of her possible innocence.

No matter what the final outcome, the complaints of her continuing to receive pay do not consider her rights under the law. Not until the legal process has reached its end should this woman be required to surrender one bit of that which she is legally entitled.

Washington County teacher convicted of luring student for sex continues to draw salary, AL.com, June 2, 2009

Catch-22, DothanEasgle.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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