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

As a Birmingham criminal defense lawyer, I know that a percentage of people arrested for various non-violent crimes were simply in the wrong place at the wrong time. In the eyes of law enforcement, however, there is no justification for breaking any Alabama law. But as a defense lawyer for individuals who have been accused of crimes, I know that a person’s motivations and actions can often fall into a gray area. This is why we have trials that allow defendants a chance to explain themselves.

Regardless of where you live or work -- Montgomery, Tuscaloosa, Auburn or Prichard, or anywhere across the state for that matter -- illegal gambling can and does lure many otherwise law abiding folks, which then makes a possible arrest and conviction something that can adversely impact a person’s life. Not long ago, Alabama’s Department of Public Safety (DPS) announced a number of raids on and continuing investigations of gambling dens in Macon and Houston counties.

According to reports, DPS and the Alcoholic Beverage Control Board took part in law enforcement operations at VictoryLand and Country Crossing, and has ongoing operations in these areas.

Part of the Governor's Task Force on Illegal Gambling, DPS officials say that the conducting of these raids on other law enforcement operations are usually held without notice, which is standard protocol. Usually police and other agencies will perform early-morning raids of suspected illicit gambling locations, catching the operators and their clients in the act.

The element of surprise is particularly important, according to police, because any evidence found as a result can contribute to the prosecution of other more serious crimes, such as theft, fraud, financial and tax crimes, not to mention public corruption.

Editorial: Ala. Dept of Public Safety & Gaming Raids, WSFA.com, February 02, 2010

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The poor economy apparently hasn't increased the nation's crime rate, but Alabama's continues to rise. According to the Federal Bureau of Investigation (FBI), crime nationwide dropped last year, but not in Northern Alabama. Here in Birmingham, where I maintain my criminal defense practice, I find that a percentage of individuals accused of property and theft crimes do so because of money problems; some are falsely accused.Crime in Montgomery, Tuscaloosa, Mobile and elsewhere seems to have gotten worse. Burglary and motor vehicle thefts are property crimes.

A recent news article reported that law enforcement officials were not surprised about the latest statistics from the FBI. However, police aren’t particularly happy hearing that property crime in Northwest Alabama increased in 2008. Statistics from the Alabama Criminal Justice Information Center's 2008 Crime in Alabama report indicate there were 181,434 property crimes in 2008, compared to 174,802 in 2007 and 164,810 in 2006.

By contrast, the FBI’s report shows that nationwide there were 9.7 million property crimes reported in 2008, about 0.8 percent lower than the 9.8 million reported in 2007.

Tuscumbia Police Chief Tony Logan said the economy has always dictated crime. "With unemployment the highest it's been in years, there are people who are stealing," Logan said. "And with an increasing drug problem and methamphetamine problem, there is more stealing to support that habit; we've all seen an increase in that."

Tuscumbia was the only city Northern Alabama’s five largest cities to see a decline in thefts. There were 161 thefts reported in 2008, compared to 191 in 2007. But Logan said he's worried that the impact of high unemployment will play a bigger role in thefts and burglaries in 2009 than in 2008.

With poor economy, law enforcement officials aren’t surprised, TimesDaily.con, September 27, 2009

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White collar crime in Alabama can range from petty theft to embezzlement to Internet fraud. Hard economic times can cause people to attempt crimes like these, or they can become embroiled in a difficult situation with seemingly no way out. As a Birmingham criminal defense lawyer, I know that many people accused of a particular crime feel they are not guilty. I also know that some people who may have committed a criminal act did so under heavy emotional or financial pressure.

While what happened may seem clear cut, there are usually extenuating circumstances that as defense attorneys we must explain to a jury so they can make an informed decision on the guilt or innocence of a defendant. A recent news article pointed out one kind of crime that may be more common than people imagine. A former SouthBank employee has reportedly been indicted for allegedly stealing more than a half-million dollars from that financial institution.

The defendant, a 48-year-old Huntsville woman, was recently indicted on charges she stole more than $500,000 over a five-year period while she was employed by SouthBank. Keleste Sherrill is a former assistant manager at the bank's Jefferson Street branch. She was charged with bank fraud after having allegedly stolen money from the bank's vault and ATM machines between January 2004 and August 2009. Bank management estimates the total amount at $533,000.

According to reports, SouthBank President Art Freeman said bank officials discovered an irregularity on a Friday afternoon last August. After completing an internal investigation the following Monday, bank officials confronted Sherrill as she arrived at work and described what they had found. Freeman said the woman was cooperative.

The Huntsville prosecutor’s office alleges that Sherrill used ATM ledgers and avoided bank cameras as a part of the scheme, according to the indictment. This initial indictment is just the first phase in the process of criminal prosecution. If convicted, the woman could be looking at up to 30 years in prison and may even have to pay $1 million in fines.

Former SouthBank employee indicted in $500K Huntsville bank theft, AL.com, September 30, 2009
 

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