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

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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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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Alabama’s Lawrence County has created a special victims unit (SVU) to specifically handle sex crimes in the area. Police regularly arrest individuals charged with criminal sexual behavior. Some, if not many, of these people are innocent. In Birmingham, Tuscaloosa, Huntsville, Mobile and all other municipalities throughout Alabama, everyone is considered innocent of a crime until proven guilty by a jury of their peers.

As a Birmingham criminal defense attorney, my job is to defend accused sex offenders in court. The latest move by law enforcement will most likely bring more arrests and indictments upon residents and other individuals in Lawrence County. According to reports, this new SVU department is expected to enhance the law enforcement activities of the Lawrence County Sheriffs Department.

In an effort to put more emphasis on sex crimes and crimes against children, the Alabama Department of Economic and Community Affairs is financing the new special victims unit. According to news reports, the unit will have two specialized investigators, both charged with investigating crimes and working within the local school system and also promoting a variety of community awareness programs.

Crimes and other areas of law enforcement to be handled by the new unit, which will be part of the department's criminal investigations division, will include domestic violence, sexual crimes and child abuse. There will be two specially trained investigators working in the unit. According to reports, the Lawrence County Sheriff’s Department has always had a “heavy volume” of sexual crimes and crimes against children, which is one of the reasons for the county forming this new unit.

The sheriff’s department said that the two investigators will also register and monitor all sex offenders. These two SVU deputies have already been closely involved with investigations involving children because they are members of the Lawrence County Drug Endangered Children Program.

Special victims unit to focus on sex crimes, TimesDaily.com, November 6, 2009

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In Birmingham, Mobile, Huntsville or other Alabama cities, criminal sexual behavior takes many forms. Pedophilia is one area of sex crimes that society and law enforcement fight hard to control. An individual accused of being a sexual predator has an uphill battle to start with, but a conviction for this type of behavior will affect a person for the rest of his or her life. As a Birmingham criminal defense lawyer, I have represented numerous people arrested for sexually-based offenses, as well as other crimes, such as theft, drugs and assualt.

A recent news article pointed up the lengths that communities will go to protect their children from pedophiles. According to reports, Redland Elementary School has initiated a pilot security program with which the administrators can perform a background check on any person visiting the school by scanning the person’s driver’s license before issuing a pass to that individual.

The program is designed to protect the elementary school children against registered sex offenders, namely pedophiles. Said one law enforcement official, “A school is a candy store for pedophiles and we don’t want them shopping here.”

The system being tested at Redland Elementary is part of a visitor verification and sex offender checking system. Redland is reportedly serving as the pilot program for “QUICK ACCESS,” a Web-based system that alerts school officials if a known sex offender attempts to gain access to the school.

Pedophiles are typically prohibited by law to live or approach within a certain radius of a school. This latest system is apparently designed to root out those individuals who are currently in the sex offender database and who violate state law requiring sex offenders to stay away from areas with a high density of children, such as elementary schools and other educational facilities.

The equipment used in Redford Elementary School reportedly cost about $900. It includes a camera and a scanning/printing device. According to the article, a school staff member simply scans the visitor’s Alabama driver’s license, or types in the visitor’s name. So long as the individual is not on the sex offender database, the machine then prints out a visitor’s badge including a bar code. The system also records when visitors arrive and when they leave the school.

Security program piloted at Redland, thewetumpkaherald.com, December 4, 2009
 

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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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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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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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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 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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