Birmingham Criminal Defense Blog

Alabama Robbery Arrest Can Lead to Years Behind Bars

Steven Eversole — Fri, 14 Jun 2013 04:32:36 -0600

A number of headline-grabbing Alabama robbery arrests and convictions have our Birmingham criminal defense lawyers discussing why the government takes these crimes so seriously and how we can help mitigate such cases.

A lot of people believe robbery is solely about money. And sometimes, that's true. We see that particularly in cases where individuals are addicted to drugs and desperate to obtain the resources necessary to get their next hit.

However, money isn't always the only reason. A study conducted by the Economic and Social Research Council in the U.K. found that oftentimes, the motivation is more complicated. Sometimes, it's born of the sheer desire to fight. Other times, it is carried out as an action to right a perceived injustice. In other cases, it's done to enhance one's street credibility.

Of the hundreds of repeat offenders that researchers interviewed, they found that nearly 95 percent had used illegal drugs, one-third were involved in some type of gang and about 25 percent regularly carried a firearm.

Sometimes in robbery cases, motivation can matter. For example, a defense lawyer may convince prosecutors to take into account a person's severe addiction or the desperation to provide for a child, in an effort to have the charges or sentence reduced if a conviction seems imminent.

On the other hand, your lawyer would want to turn the focus away from motive if the only reason was to scare or terrorize or boost your own reputation on the street.

What typically matters more than motivation are:

Did you use or possess a deadly weapon?
Was anyone physically injured?
Do you have a prior criminal history?

A "no" response to any of these questions is going to work in your favor. A "yes" response will make your case more challenging. However, no matter what the circumstances, robbery is a crime that the state takes very seriously - which means you should too if you're facing charges.

Under the law, robbery is viewed as more severe than simple theft because it involves the element of physical force or threat.

In the case of first-degree robbery, as defined in Alabama Code Section 13A-8-41, prosecutors consider whether you were armed with a deadly weapon (or whether you led the victim to believe you were armed with a deadly weapon) and whether anyone was hurt. This is a Class A felony, punishable by a minimum of 10 years and a maximum of life in prison.

In the case of robbery in the second-degree, as defined in Alabama Code Section 13A-8-82, prosecutors consider if you used force or threats to commit a theft AND you had someone else aiding you. This is a Class B felony, punishable by between 2 and 20 years in prison.

Third-degree robbery in Alabama has the same definition as second-degree robbery, except that you are believed to have acted alone. This is a Class C felony, punishable also by between 2 and 20 years.

Some of the recent cases of robbery in Alabama include:

A Mobile man, convicted of holding up a local credit union, was given nearly six years in federal prison after striking a plea deal with prosecutors that includes a requirement to obtain substance abuse treatment.
A Madison County man who was just indicted on charges that he robbed an area bank, less than two weeks after being released from federal prison on a 2008 armed bank robbery charge.
A Gadsen man who was arrested after snatching $100 from a gas station cash register before fleeing.

Contact Birmingham Criminal Defense Attorney Steven Eversole at (866) 831-5292.

Additional Resources:

Mobile credit union robber gets almost six years in prison, May 30, 2013, By Brenden Kirby, AL.com

More Blog Entries:

Increasingly, Alabama Criminal Cases Hinge on DNA Evidence, May 5, 2013, Birmingham Criminal Defense Lawyer Blog

Supreme Court Grants Some Alabama Felony Convicts a Second Chance

Steven Eversole — Mon, 10 Jun 2013 05:27:05 -0600

Alabama prisoners doing hard time now have a better shot at a second chance for freedom, following a split 5-4 U.S. Supreme Court decision that widens the time limit for those who can show strong proof of their innocence.

Our Birmingham criminal defense lawyers, who also handle post-conviction relief actions, including appeals and federal petitions for writs of habeas corpus, were pleased to hear the outcome of McQuiggin v. Perkins, particularly as it was fiercely opposed by some of the more conservative judges on the court.

However, it's important to note that this will not blow open the prison doors for large numbers of individuals. Rather, it involves the "rare exception," specifically cases where a defendant is able to prove to a judge that there is evidence of "actual innocence." That is a high threshold of proof, as it involves making a convincing argument that had the new evidence been previously available, no reasonable juror would have moved to convict.

This standard had existed before, but what this most recent ruling did was say that in cases where actual innocence can be proven, the one-year deadline for filing a petition for writ of habeas corpus can be relaxed.

That one-year deadline didn't come about until 1996, with the passage of the Antiterrorism and Effective Death Penalty Act. It requires state prisoners to file their petition either one year from the date when the judgment became final OR from the date on which the factual predicate of the claim could have been discovered through due diligence. The general idea was to slow the flood of petitions lacking any real merit that were clogging the federal court system.

However, the court found that to deny a prisoner a shot at freedom in the face of undeniably strong evidence of innocence would be a potential miscarriage of justice - no matter how much time had passed.

Generally, these will be cases in which innocence is proven through DNA evidence or some other strong, virtually irrefutable proof.

Interestingly, it's possible that not even the prisoner in the underlying case will have evidence that strong.

His case involved a homicide. He and two other men left a party together. One of those three men was murdered soon after. The defendant blamed the other man. The other man blamed him. The defendant was ultimately convicted of first-degree murder and sentenced to life in prison.

He filed his petition following the discovery of three affidavits, filed in 2002, of witnesses who implicate the other man as the killer.

The biggest issue in the case was whether this defendant even had the right to have his petition heard because it had been several years since those affidavits were filed, and there was no good reason, the court determined, why the defendant had not filed his petition sooner.

The Supreme Court is now saying that time limit doesn't necessarily matter, as long as the underlying evidence can prove innocence.

The question now is whether those three affidavits would have been enough to undeniably sway the jury, back when the case was first being tried. That's a tough call, but it may turn out in this case not to be enough.

Every case is going to be different.

Contact Birmingham Criminal Defense Attorney Steven Eversole at (866) 831-5292.

Additional Resources:

Supreme Court lifts time limits on some 'actual innocence' appeals, May 28, 2013, By David G. Savage, Washington Bureau, The Los Angeles Times

More Blog Entries:

Birmingham Defense Lawyers Urge Arrestees to Remain Calm, Silent, April 23, 2013, Birmingham Criminal Defense Lawyer Blog

Alabama Tax ID Theft Scheme Lands Internet Installer in Prison

Steven Eversole — Wed, 05 Jun 2013 13:37:29 -0600

An Internet installer from Montgomery was sentenced today to 30 months in federal prison for an identity theft tax scheme in which he allegedly filed dozens of fraudulent tax returns amounting to nearly $100,000.

Our Birmingham white collar crimes defense lawyers know that acts such as these are being aggressively investigated and prosecuted by federal authorities, as tax fraud via identity theft has become an increasing problem in recent years. According to a report from CNBC, fraud like this amounts to approximately $5 billion in lost taxpayer funds each year.

In this case, the offender pleaded guilty to two federal felony counts: conspiracy to file false claims and aggravated identity theft.

The first charge, per 18 U.S.C. 286, is any attempt, successful or not, to defraud the U.S. government. It is punishable by up to 10 years in prison.

The second charge, aggravated identity theft, is defined generally in 18 U.S.C. 1028A as the knowing transfer, possession or use without lawful authority a means of identification of another person or false identification document. This charge can result in an additional five-year sentence.

This individual struck a plea deal which will allow him to serve just 2.5 years of a possible 15-year sentence.

According to the Department of Justice, the defendant was working with several co-conspirators in obtaining the identities of both prisoners and those who owed debt to a collection agency.

Additionally, the defendant at the time was working as an independent contractor for the cable company, and as such installed internet and cable access for customers. Because of his unique access, he was able to hijack the internet service of customers for whom he had worked. Back at his own home, he would use his own equipment and technical knowledge to shut down the user's internet service for a short period of time. He would then take over the user's internet and file those false returns - from prisoners and debtors - using the cable customer's service. In this way, he intended to make it appear as if the phony returns were in fact being filed from the IP address of his customers.

In filing these returns, the defendant indicated that he wanted the refunds to be paid on pre-paid debit cards, which in theory would have been more difficult to trace.

However, those cards were later intercepted by the U.S. Postal Service when they began flooding in to a select few number of post office boxes and addresses.

A defense attorney for the man said that he was genuinely remorseful, and that it was the only crime he had committed in his adult life. This unquestionably had some bearing on the fact that he was sentenced to just 15 percent of the maximum possible sentence.

This individual's co-conspirators have been indicted as well, though they have yet to go to trial or negotiate a plea deal.

White collar crimes, and tax fraud identity theft in particular, are gaining popularity because of the vast amounts of cash that can be obtained, combined with the lack of physical risk. In other words, it's a lot more lucrative - and safer - than to commit a robbery.

However, the penalties for these crimes can be equally harsh, and the government is cracking down.

If you have been arrested in connection with identity theft in Alabama, contact our experienced legal team for help.

Contact Birmingham Criminal Defense Attorney Steven Eversole at (866) 831-5292.

Additional Resources:

Internet Installer Sentenced for Hijacking Customer's Internet to Perpetuate Identity Theft Tax Scheme, May 7, 2013, U.S. Department of Justice

More Blog Entries:

Birmingham Gambling Arrests at Storefront, May 17, 2013, Birmingham Criminal Defense Lawyer Blog

Birmingham Gun Crimes Result in Harsh Penalties As Is

Steven Eversole — Thu, 30 May 2013 13:04:36 -0600

A teenager who should have been graduating high school in Huntsville has instead pleaded guilty to murder in the shooting death of a fellow classmate three years ago.

Our Birmingham felony defense attorneys understand that per a plea agreement struck with prosecutors, the teen will receive 30 years in prison, with credit for the three years he has already served.

Cases like this are more rare than one might think, but they tend to get quite a lot of media attention. Perhaps it is for this reason or perhaps also for the fervor that is kicked up by politicians when such incidents do occur that people believe gun crimes are much more pervasive than they actually are. In turn, they become more willing to enact not only further restrictions on gun law rights, but also enhanced penalties for those who are charged with crimes involving guns - regardless of whether anyone was injured or killed.

A recently-released study from the Pew Research Center found that the gun homicide rate has plummeted nearly 50 percent since its peak in 1993. However, the public is largely unaware of this decrease.

Rather, we hear more and more about mass shootings, particularly those occurring in schools or other crowded venues. However, the truth is that homicides that claimed three or more deaths between 1980 and 2008 accounted for less than 1 percent of all homicides, according to the Bureau of Justice Statistics. However, it is worth noting that that figure increased from 0.5 percent of all homicides in 1980 to 0.08 percent of all homicides in 2008.

When looking at the larger issue of firearm-related deaths, in 2010 there were a total of nearly 32,000 gun deaths. The majority of those - about 20,000 - were suicides.

In addition to firearm homicides being nearly halved in the last two decades, the number of non-fatal firearm crimes too has dropped dramatically - from 725.3 victimizations per 100,000 people over the age of 12 down to 181.5 per 100,000. That is a 75 percent drop.

In spite of this, a survey conducted in March found that nearly 60 percent of Americans believe gun crime is higher today than it was two decades ago. Only 10 percent said they believed it was lower and about 20 percent said it had stayed the same. The rest said they didn't know or weren't sure.

The reasons for gun crime decline are multifaceted, but much of it has to do with the aging of the baby boomer generation. It's a fact that younger people tend to commit the majority of violent crimes. America endured a time of high crime rates from the 1960s through part of the 1980s, partially because we had a substantially higher portion of younger people.

Americans could be forgiven their skewed perspective on the realities of gun crimes, but the fact is, those opinions drive policy with regard to penalties and punishments for offenders.

Murder in Alabama is a crime that is taken seriously no matter how it is committed, with the maximum sentence being the death penalty. There are currently 200 people in Alabama awaiting the death sentence. The death sentencing rate in Alabama is six times higher than it is in Texas. In fact, Alabama has the highest death sentencing rate in the country.

It doesn't get much more severe than that.

But even crimes of illegal possession of a gun are dealt with harshly. Per Alabama Code Section 13A-11-72, no person who has been convicted of a crime of violence, either in Alabama or elsewhere, is allowed to possess a firearm, and neither is anyone who is an addict. A violation of this statute is a Class C felony, punishable by between 2 and 20 years in prison.

Contact Birmingham Criminal Defense Attorney Steven Eversole at (866) 831-5292.

Additional Resources:

Hammad Memon pleads guilty to murder, sentenced to 30 years for 2010 shooting death of 14-year-old classmate at Discovery Middle, May 28, 2013, By Brian Lawsom, AL.com

More Blog Entries:

Birmingham Capital Murder Conviction, Death Sentence, Overturned, May 25, 2013, Birmingham Criminal Defense Lawyer Blog

Birmingham Capital Murder Conviction, Death Sentence, Overturned

Steven Eversole — Sat, 25 May 2013 12:44:34 -0600

A Birmingham man will get a second shot at trial, after his 2010 Jefferson County conviction for capital murder was recently overturned by the Alabama Court of Appeals.

Our Birmingham murder defense attorneys know that this is a rare opportunity for a defendant in such a case. Most don't get this kind of second chance.

That is why it is critical for anyone facing criminal charges for a loss of human life - regardless of the circumstances - to invest in the services of an experienced legal defense team. Your goal should be to avoid a conviction altogether the first time.

Here's the history on this case:

Back in 2008, the 38-year-old defendant and his 40-year-old estranged girlfriend, the mother of his child and mother to two older girls, had been at odds since she began dating another man.

One night, shortly after 2 a.m., prosecutors contend the defendant reportedly entered the victim's home, kicked in the bedroom door and shot her four times in the head as she slept. He then returned to his parent's home. One of the woman's older daughters called 911. The woman was pronounced dead at the scene. The defendant called 911 a short time later to indicate he wanted to surrender.

He was then arrested without incident and charged with capital murder.

Per Alabama Code 13A-5-40, there are a total of 18 possible capital offenses, meaning 18 charges that could result in the death penalty for the defendant. The only other option for punishment in these situations is life in prison. One of those is murder by a defendant during a burglary in the first or second-degree, which would apply in this case.

The jury had convicted this defendant of the charge, and then subsequently chose to sentence him to life in prison by a vote of 10-2. However, the judge overruled this and instead sentenced the defendant to death, after considering the following aggravating circumstances:

The victim was reportedly asleep in bed, with no possible means to flee or defend herself;
The large size of the handgun;
The victim had previously been threatened by the defendant.

But now, the appellate court has overruled that verdict, finding that the court failed to accurately inform the jury on the issue of "provoked heat of passion" as it would have pertained to this capital case.

In a statement that the defendant gave to police shortly after the homicide, he indicated that he had kicked open her apartment door, followed her into her bedroom and then shot her. He said that she was not sleeping, but rather was in the midst of an argument with him at the time of the killing. She reportedly slammed the door in his face, caused him to suffer a blow to the head.

He also told investigators that he believed she was holding a knife and was about to stab him when he shot her.

The appellate court, while not necessarily agreeing with his version of events, found that the lower court had erred in failing to include any comment at all on the state's burden to prove whether the defendant was acting unprovoked and not in the heat of passion. The latter would have applied to a lesser charge of provocation manslaughter, which would not have necessarily warranted a life sentence, let alone the death penalty.

The appellate court found that the defendant's earlier statement was significant enough to at least raise the issue.

The Jefferson County District Attorney's Office has said it will wait for direction from the state attorney general before determining how it will proceed. Capital litigation appeals go before the attorney general's capital litigation division.

Contact Birmingham Criminal Defense Attorney Steven Eversole at (866) 831-5292.

Additional Resources:

State appeals court overturns capital murder conviction, death sentence in 2008 shooting in Center Point, May 3, 2013, By Kelsey Stein, AL.com

More Blog Entries:

Wanted on a Birmingham Warrant? Call a Lawyer First. March 10, 2013, Birmingham Criminal Defense Lawyer Blog

Alabama Murder Case Ends in Mistrial

Steven Eversole — Thu, 23 May 2013 11:51:49 -0600

A dispute over the cause of death resulted in a Bessemer murder trial to result in a hung jury, with the defendant facing the possibility of a retrial or maybe a plea deal on a lesser charge.

Our Birmingham criminal defense attorneys view this case as a perfect example for how every single detail in a murder case matters. Juries don't take murder convictions lightly. They pay attention. That's why it pays for you to invest in a good defense. If you're facing murder charges, you truly can't afford not to do so.

Prosecutors obviously failed to prove their case in this situation, but it should also be considered a success of the defense that what might otherwise have been an open-and-shut domestic violence homicide was given closer consideration. Ultimately, jurors weren't able to unanimously buy the version of events as presented by the state.

The Bureau of Justice and Crime Statistics reports that intimate partner violence is responsible for 30 percent of all homicides of women and 5 percent of all homicides of men.

Interestingly in this case, the defense did not dispute some of the key facts of the prosecution's case. Those were:

The pair had once dated, but were technically no longer;
One night in July 2008, a fight broke out between the two around 2 a.m.;
The woman picked up a gun and shot the man.

This would seem like a simple open-and-shut case.

But first of all, it's important to note the arrest of the man earlier that year on a charge of third-degree domestic violence against the woman. He reportedly hit her in the mouth. This shows that the woman had a reason to fear him and his ability and desire to harm her.

What's more, as a result of that arrest, a no contact order had been established. That meant that on the night in question, the defendant was breaking the law by being at the woman's home - regardless of whether she had consented to have him there.

But all of this wasn't even the biggest issue with the case, as his presence alone would not have necessarily given the woman license to shoot him.

The real kicker was that the man didn't die right away.

He was initially transported to the emergency room with a serious gunshot wound. But he knew that once he recovered, he would be arrested for violating that no contact order. So rather than stay and receive treatment, he fled the hospital in order to avoid arrest.

In fact, for two months, he received no treatment. At that time, he then sought the aid of a primary car doctor. He was ordered to undergo a physical therapy regiment. He didn't follow it.

But that wasn't his only health issue. He suffered from ulcers. He was also significantly malnourished. And, he was suffering from congestive heart failure. All of this, the defense team alleges, was what led to his death - 10 months after the shooting.

Still, a grand jury had indicted the ex-girlfriend on a charge of murder after he passed away.

Now that the case has ended in a mistrial, her attorneys are requesting that the original indictment be dismissed so the case is not retried. A decision by the judge has yet to be made.

Contact Birmingham Criminal Defense Attorney Steven Eversole at (866) 831-5292.

Additional Resources:

Mistrial declared after Bessemer jury can't reach verdict in woman's murder trial, May 4, 2013, By Kelsey Stein, AL.com

More Blog Entries:

Birmingham Domestic Violence Arrest Requires Strong Defense, April 11, 2013, Birmingham Criminal Defense Lawyer Blog

Birmingham Murder Charge Reduced to Manslaughter

Steven Eversole — Sun, 19 May 2013 11:12:17 -0600

The two men embroiled in a fatal altercation had been friends.

They played dice together. They had other mutual friends, who all gathered at a vacant home at the edge of town on Hemlock Avenue to throw back beers. Occasionally, there were drugs.

That's what police say they were up to the night a fight broke out. One ended up dead, and the other in handcuffs.

Our Birmingham criminal defense lawyers know that at the outset, a case like this would appear to be a clear-cut case of murder, a Class A felony in Alabama resulting in the potential of 25 years to life behind bars - possibly even the death penalty, in certain cases.

But the defendant managed to escape that fate, ultimately being convicted of the lesser charge of manslaughter, and recently given a sentence of four years in prison. He'll serve 15 years if he violates his five-year parole once he's released.

Part of the reason this man's sentence was relatively light, compared to other cases that involve the death of another person, was that there were conflicting versions as to what actually happened - with the prosecution's account not quite jiving with what many of the witnesses were saying.

Believe it or not, conflicting witness accounts can be positive for a defense team. That's because even if it fails to definitively prove our theory, it might create enough doubt about the prosecution's theory. The burden of proof is always on the state in criminal cases. That means juries may only convict if they believe the prosecution's version "beyond a reasonable doubt." Conflicting witness statements are quite effective in creating reasonable doubt.

In this case, the defendant, a 20-year-old man, was accused of fatally shooting his 28-year-old friend in the summer of 2011. Police found the victim deceased on the front porch.

Soon after, prosecutors charged him with murder, but defense lawyers contended from the beginning that this was an issue of self-defense. Self-defense can be a difficult to successfully argue, but this case was bolstered by the fact that several others who said that the defendant was acting aggressively that night and had reached for his own gun just before the 20-year-old fired a single, fatal shot.

An autopsy would later reveal a combination of Lortab, Xanax and alcohol in the victim's system.

The state did have one witness testifying that the victim did not have a gun. But the rest who were there all said he did.

Instead of murder, the jury ultimately convicted the defendant of reckless manslaughter. This is when an individual has behaved recklessly or carelessly, though not with extreme in difference to human life. It's still a class B felony, which means it's punishable by up to 20 years in prison.

The fact that this defendant was given 15 years, reduced to just four behind bars, likely has everything to do with the fact that both men were engaged in illegal behavior at the time of the incident and both the judge and jury could say both held at least some modicum of responsibility for what happened.

The testimony of witnesses indicating that the defendant was merely acting in self-preservation certainly helped.

Contact Birmingham Criminal Defense Attorney Steven Eversole at (866) 831-5292.

Additional Resources:

4 years in prison for man convicted of manslaughter in 2011 Birmingham dice game shooting, May 17, 2013, By Kelsey Stein, AL.com

More Blog Entries:

Birmingham Defense Lawyers Urge Arrestees to Remain Calm, Silent, April 23, 2013, Birmingham Manslaughter Defense Attorney Blog

Birmingham Gambling Arrests at Storefront

Steven Eversole — Fri, 17 May 2013 10:25:16 -0600

Investigators with a specialized law enforcement unit burst into a storefront on 9th Street North in Birmingham, where officials say the location was a front for illegal gaming.

A total of 22 arrests were made, including two for operating an illegal gaming establishment.

Birmingham criminal defense lawyers know that per Alabama Code 13A-12-53, an owner that permits a gaming operation on the property may be found guilty of a felony, punishable by between one and five years in prison.

Likewise, possession of an illegal gaming device such as a slot machine, may be charged with a Class A misdemeanor, punishable by up to one year in jail and a maximum $6,000 fine.

Simple gambling under the law, which is what the 20 patrons were charged with, is a Class C misdemeanor under the law, meaning it's punishable by up to three months in jail and a fine of $500.

Under the rules strictly defined by the Alabama Supreme Court, Section 65 of the state's constitution has been interpreted to mean that the legislature has no power to authorize lotteries or gift enterprises for any purpose, though there have been several amendments to this section. Namely, bingo games and operations have been granted legitimacy throughout the state - provided they meet a strict criteria of of six guidelines, per the 2009 Alabama Supreme Court decision in Barber v. Cornerstone Community Outreach:

Each player uses one or more cards with spaces arranged in five columns and five rows, with an alphanumeric designation assigned to each space;
Alphanumeric designations are randomly drawn and announced, individually;
Players must pay attention to each value announced and if a match is found, the player must physically mark his or her card accordingly;
A player who isn't paying attention may miss the opportunity to be a winner;
A player must recognize his or her own "bingo";
The game involves multiple players who are competing against each other.

A Jefferson County Circuit court decision in February last year found that a number of bingo machines that were operating in Birmingham were illegal because they failed to meet this criteria. They were subsequently confiscated, and the owners prosecuted.

However, we continue to see cases such as these because the profits that can be raked in with these operations are pretty substantial. An article published in the Journal of Economic Crime Management revealed that just one slot machine can provide an average annual income of between $9,200 and $30,000 annually. They can cost as little as $1,000 to purchase.

Meanwhile, the penalty for owning and operating one of these machines is $6,000. Some may see the occasional arrest and seizure as the cost of doing business.

However, it's worth noting that, first of all, advocates are gunning for tougher sanctions. The Alabama Policy Institute, for example, recently released a report calling for arrests for these crimes to be boosted from Class A misdemeanors to Class C felonies, punishable by up to 10 years in prison and fines of up to $15,000.

Secondly, with the machines themselves and any profits seized as a result of the investigation, the current fine schedule is substantial as it is.

In this case, there were at least seven gambling machines seized from the store, which was reportedly a recording, videography and photography business. Officers said, however, there was no legitimate camera business operating there, with the only camera equipment on site a surveillance system to monitor who came in and out.

Further bolstering the case, officials said, was the fact that operators were reportedly robbed of a substantial amount of money recently, but the incident was never reported - presumably because to do so would invite police attention to the underground operation.

Contact Birmingham Criminal Defense Attorney Steven Eversole at (866) 831-5292.

Additional Resources:

22 arrested during raid on illegal gambling joint in Birmingham, authorities say, May 17, 2013, By Carol Robinson

More Blog Entries:

Increasingly, Alabama Criminal Cases Hinge on DNA Evidence, May 5, 2013, Birmingham Criminal Defense Lawyer Blog

Birmingham Defense Lawyers Caution Against a Rush to Judgement in Shaken Baby Cases

Steven Eversole — Thu, 09 May 2013 11:54:56 -0600

A babysitter in southern Alabama has been accused of shaking a newborn girl entrusted to her care, and has been charged with Class A felony child abuse, after the child suffered serious injury.

Our Birmingham criminal defense lawyers know that cases like this are wrought with highly-charged emotions and there is sometimes a tendency to overreact, rather than get to the root of the child's condition.

This is not to insinuate that shaken baby syndrome doesn't occur or that caretakers don't react violently in a moment of frustration with a crying infant.

But sometimes, there is more than one explanation as to why the child may be suffering from the ailments that have been reported.

Over the last decade, there were scourges of cases involving Shaken Baby Syndrome, and many, many people were convicted and sentenced to long prison terms as a result. But in the last several years, the pediatric neurosurgeon credited with first identifying the condition in young children has become a vocal opponent with regard to the way the condition has been applied in criminal cases.

Specifically, 97-year-old Dr. Norman Guthkelch has come forth in recent years to say that he is concerned it is being used as a go-to diagnosis in cases where an infant or young child dies or has suffered an injury. The problem is that investigators are failing to explore other possible causes.

For example, a case out of Arizona involved a father who was sentenced to a life sentence in prison for shaking his 5-month-old son, killing him. He spent 10 years behind bars. But as it turned out, a month before the child died, he had been treated at a local hospital for uncontrolled seizures. The baby had also spent a significant amount of time in the NICU following a very difficult birth.

In reviewing that case, Dr. Guthkelch reported that he believed the boy died from natural causes. As he put it: "I wouldn't hang a cat on the evidence of shaking, as presented."

An investigation conducted jointly by NPR, ProPublica and PBS Frontline analyzed numerous shaken baby convictions made in recent years, many of which were later resulted in acquittals, dropped charges or exonerations.

In a lot of these cases, there was a pattern: Sketchy testimony, questionable autopsies and serious disputes over medical evidence that was not carefully weighed by investigators.

Part of the problem is that some of the symptoms of shaken baby syndrome mirror so many other conditions. A report from the Mayo Clinic indicates that shaken baby symptoms include:

Extreme irritability;
Difficulty remaining awake;
Poor eating;
Vomiting;
Tremors;
Seizures;
Paralysis;
Breathing problems;
Skin that is pale or bluish;
Coma.

The condition is serious enough that it can and sometimes does lead to death. However, these symptoms can and often do apply to other conditions - and those might have nothing to do with abuse or criminal activity.

Of course, an infant is unable to testify, so it's often the word of the defendant versus the medical reports. The latter is not always as full-proof as one might hope.

In the case out of Fort Mitchell, the suspect is a mother of four, expecting her fifth, who was babysitting another woman's 2-month-old.

The babysitter reportedly called the child's mother shortly after noon to say that her child was not responsive. The baby's mother, an emergency medical technician, responded by ambulance to the home.

The child suffered bleeding on the brain and behind the eyes. The suspect is accused of shaking the child and forcefully throwing the child down onto a couch because it would not stop crying.

Contact Birmingham Criminal Defense Attorney Steven Eversole at (866) 831-5292.

Additional Resources:

Fort Mitchell babysitter charged with injuring baby in her care, May 6, 2013, By Erin Edgemon, AL.com

More Blog Entries:

Birmingham Domestic Violence Arrest Requires Strong Defense, April 11, 2013, Birmingham Criminal Defense Lawyer Blog

Increasingly, Alabama Criminal Cases Hinge on DNA Evidence

Steven Eversole — Sun, 05 May 2013 11:03:42 -0600

Police in northeastern Alabama knew that whoever had committed the latest pharmacy break-in had been injured.

A piece of the suspect's flesh had been left behind.

Our Birmingham criminal defense lawyers know that increasingly, that's becoming akin to leaving a business card with your name, address and phone number.

In this case, authorities were able to extract DNA from that sliver of flesh and enter it into the federal Combined DNA Index System, also known as CODIS, from a state lab located in Huntsville. Within a short time, they had a hit: a 33-year-old DeKalb County man with a prior criminal record.

He is now being charged with third-degree burglary and probation violation. Alabama Code Section 13A-7-7 indicates that third-degree burglary is when an individual knowingly enters or unlawfully remains in a building with intent to commit a crime. It's a Class C felony, and as such, it's punishable by a minimum of 2 years in prison and a maximum of 20. If authorities can prove a firearm was used in the course of the crime, the minimum sentence is upped to 10 years. Maximum fines are set at $5,000.

Usually, when people think of DNA use in a criminal case, they think of murders or sexual assaults. But as the technology has become more widely understood and readily available, it's being used in more and more cases. And if you've been arrested for a violent felony crime in the U.S., your DNA will automatically be entered into the CODIS system.

But does DNA demand a verdict?

There is no doubt that prosecutors sometimes rely on it heavily, and jurors tend to give it a lot of weight.

However, it's worth noting that only 0.1 percent of our DNA is unique. The other 99.9 percent we share with all our fellow humans.

When investigators look at a crime scene, there is likely to be DNA everywhere. But just because it's present doesn't necessarily mean it's relevant or useful.

First of all, prosecutors will need to provide some context. For example, defense lawyers may argue that while the DNA was present, there is some other legitimate explanation for why it was there.

Secondly, just because there is DNA present doesn't automatically mean it can be used. In some cases, if the quality of the sample is poor or if it's very small, a defense attorney might challenge the validity of the resulting conclusions.

Thirdly, there is also the very real possibility of human error. This is perhaps one of the biggest x-factors in DNA cases. It could involve the improper collection of DNA or storage. It could involve cross-contamination or improper testing.

Scores of recent cases involving DNA lab errors have been reported in recent months. For example, in New York City, the medical examiner's office learned that it had failed to upload critical DNA evidence in some 50 cases. That revelation came only during a review prompted by the discovery that lab technicians had missed detection of DNA in some 26 rape cases - evidence that might have exonerated the suspect in custody.

And that brings us to the final point: Contrary to popular belief, it's actually easier for DNA to exclude a suspect than it is to establish a positive identity. In fact, one-third of initial rape suspects are excluded as a result of DNA testing.

DNA evidence can be an important and powerful tool for both sides of a criminal case. It's our job to ensure that the evidence presented against you - whether rudimentary or highly technical - is both accurate and fair and, if we can help it, presented in the light most favorable to you.

Contact Birmingham Criminal Defense Attorney Steven Eversole at (866) 831-5292.

Additional Resources:

DNA from piece of flesh leads to arrest in Fyffe Pharmacy burglary; more arrests pending, May 6, 2013, By kelly Kazek, AL.com

More Blog Entries:

Birmingham Defense Lawyers Urge Arrestees to Remain Calm, Silent, April 23, 2013, Birmingham Criminal Defense Lawyer Blog

Alabama Meth Lab Bust Leads to School Worker Arrest

Steven Eversole — Sun, 28 Apr 2013 08:15:47 -0600

A woman who worked as a special education aide in southern Alabama was one of two people arrested recently when authorities raided her home following a long investigation by the county sheriff's drug task force.

Our Birmingham criminal defense lawyers understand the defendant is charged with first-degree manufacturing of a controlled substance and possession of drug paraphernalia.

This is a very serious situation.

Alabama Code Section 13A-12-218 holds that manufacture of a controlled substance in the first-degree is a Class A felony. That means the maximum potential punishment is life in prison.

What separates the first-degree charge from other lesser designations is the presence of one of the following:

A firearm;
A booby trap;
The illegal disposal, transportation or possession of any dangerous or hazardous material in furtherance of a clandestine laboratory operation, which posed a serious risk to either the environment or human health and safety;
A clandestine laboratory operation that was within 500 feet of a home, business, school or church;
A clandestine laboratory that was found to have produced a specified amount of a controlled substance;
A clandestine laboratory that produced either Schedule I or Schedule II narcotics;
There was a person under the age of 17 who was there during the process of the manufacturing.

In this case, the teacher's aide reportedly was producing the methamphetamine, which is a Schedule 1 or Class A narcotic, per the Misuse of Drugs Act of 1975. Her co-defendant was charged with the same, and he has a prior conviction for second-degree manufacture of a controlled substance. He had recently completed a three-year prison term and was still completing his five years' worth of probation when this arrest occurred.

Additional charges could be filed against other individuals as well, as the investigation is ongoing.

Authorities say they had been investigating activities at the home, where the woman's 26-year-old special needs daughter also lives, for some time. Investigators said there was evidence of a red phosphorus methamphetamine-producing laboratory in both the attic and the main living room area.

While any kind of methamphetamine lab has the potential to be dangerous, red phosphorus is particularly risky because it emits toxic gases during the cooking process. This kind of operation is sometimes referred to a "shake-n-bake" laboratory - something officials say is not as common in Alabama as other kinds of clandestine meth labs.

This incident happened in Baldwin County, where methamphetamine continues to be the No. 1 drug issue right now, according to investigators.

A law passed by state legislators last year focused on making it more difficult to get the products necessary to produce methamphetamine - specifically, pseudoephedrine, an over-the-counter cold medication that is considered a critical ingredient. Individuals who try to bypass the state's minimum limit law by recruiting dozens of people to hit up one store to the next - a practice called "smurfing" - now face a felony charge.

Alabama is a member of the National Precursor Log Exchange, which allows pharmacies to track purchases of the drugs.

So far, two states in the country, including Mississippi, have made pseudoephedrine prescription only.

Contact Birmingham Criminal Defense Attorney Steven Eversole at (866) 831-5292.

Additional Resources:

Baldwin County school employee faces charges after meth lab bust at her Loxley home, April 22, 2013, By Marc D. Anderson, Al.com

Blog Entries:

Alabama Marijuana Arrests As Yet Unaffected By Pending Legislation, April 16, 2013, Birmingham Criminal Defense Lawyer Blog

Birmingham Defense Lawyers Urge Arrestees to Remain Calm, Silent

Steven Eversole — Tue, 23 Apr 2013 07:24:16 -0600

An Alabama All-American linebacker who now plays for the Baltimore Ravens was arrested recently in Decatur after allegedly riling a crowd where police were attempting to break up a fight and then reportedly struggling to resist arrest.

Our Birmingham criminal defense lawyers understand he is facing misdemeanor charges of disorderly conduct and resisting arrest.

We know that police encounters can sometimes be aggravating, confusing, chaotic and even downright frightening. However, the better you are able to keep your cool in these situations the easier it may be to later have your attorney reduce the charges. Depending on the circumstances, being polite might help you walk away with no charges at all.

Resisting arrest, for example, will almost never go well for you. Even if you are able to break free in the immediate, police will usually catch up, and you will likely be charged with fleeing and eluding police, a Class A misdemeanor under Alabama Code Section 13A-10-52, punishable by up to a year in jail. However, if any officer or innocent bystander is injured in the course of your fleeing, you may be charged with a Class C felony, punishable by a minimum of 2 years in prison. If you used a firearm in the course of this action at all, you would face a minimum of 10 years behind bars, and a maximum of 20 years.

So again, staying calm can be key.

Apparently, the defendant in this situation did not do that.

According to NBC Sports, officers had been called into investigate reports of a large crowd disturbance at a park at around 7:30 p.m. They did not see a fight, but soon after their arrival, they heard someone begin chanting "(expletive) the police!" as they were working to try to control the restless crowd.

The officers said it appeared the individual doing this was attempting to further rile the crowd. After singling out the source of these statements, the officers moved in to arrest him on a charge of disorderly conduct. However, he reportedly jerked away, struggled with officers and attempted to pull officers further into the crowd, which was becoming increasingly angrier.

Officers were able to finally secure the suspect, at which time they recognized who he was, as he has had a number of previous encounters for mostly minor offenses. At the time of this incident, the suspect was out on bond for improper window tint and providing false information to an officer.

He was also convicted last year on assault and gun charges, though those were later dropped on appeal.

We hope in the future he can keep his focus on his football.

In the meantime, here are some tips for how to handle police encounters:

Be respectful. This will often go a long way with officers, especially if the incident they are investigating is minor. If you are asked to move or sit down, do so without complaint. You don't want to give the officer a reason to arrest you if they don't already have one.
Provide your name and address when asked, and be polite about it. You are not required to provide your Social Security number, the names of friends or family or any other personal information.
Be clear but polite when you say that you are declining to answer any questions until you have had the opportunity to consult with an attorney - regardless of whether you are under arrest or not. If police have initiated an interrogation, they must stop at this point.
Do not say anything else after you make this request. Doing so will be an indication that you wish to waive your right to remain silent. Don't make small talk. Don't joke. Don't say anything at all.
Call your attorney as soon as possible.

Contact Birmingham Criminal Defense Attorney Steven Eversole at (866) 831-5292.

Additional Resources:

Decatur police say rolando McClain cursed at crowd, broke free to avoid arrest, April 22, 2013, By Paul Gattis, AL.com

More Blog Entries:

Wanted on a Birmingham Warrant? Call a Lawyer First. March 10, 2013, Birmingham Criminal Defense Lawyer Blog

Alabama Marijuana Arrests as Yet Unaffected by Pending Legislation

Steven Eversole — Tue, 16 Apr 2013 11:32:54 -0600

As marijuana arrests continue on the streets of Birmingham and throughout Alabama each day, Rep. Patricia Todd (D-Birmingham) has taken the bold step of offering up proposed legislation that would make personal use and possession of the drug legal here.

Birmingham Criminal Defense Lawyer Steven Eversole, as a member of the non-profit marijuana advocacy group NORML, understands well that this could be an uphill battle, though we remain optimistic. It would effectively give Alabama residents both limited personal use authorization, as well as allow for larger-quantity medicinal use when prescribed.

Alabama HB 550 is a 40-page bill that would allow for the possession, use and cultivation of limited amounts of marijuana for personal use by people who are over the age of 21. The proposal would also authorize the Department of Revenue to regulate any cultivation, processing, packaging, testing, transportation, display and sale of the drug. Sales that weren't conducted through regulated retail outlets would be prohibited, and the product would be taxed appropriately.

Additionally, HB 550 would also authorize medical use of candidates for certain patients who qualified by having been diagnosed with a serious medical condition by a doctor.

Entitled the Alabama Cannabis and Hemp Reform Act of 2013, it's actually the third attempt at such a measure from Rep. Todd. Her efforts included two other medical marijuana bills, which were introduced earlier this year.

This measure is unique in that it would allow those local communities opposed to the measure to ban marijuana retail outlets, also known as dispensaries, but only if such action was approved by voters.

If passed, the law would also provide sanctions for minors under the age of 21 who were found to be in possession of the drug, save for those who were exempt as qualifying for medicinal use.

A passage of a law like this would mark a huge shift for Alabama, which has some of the harshest laws on the books with regard to marijuana. For example, simple possession, even of a single joint, is punishable by up to one year in jail, as well as a $6,000 fine.

Any amount discovered that police determine is not for personal use will be prosecuted as a Class C felony. As such, you would be facing between 1 to 10 years in prison. Not only is the punishment extreme, the label of felon - one typically reserved for violent offenders - is ridiculous. Nonetheless prevent you from a wide range of employment opportunities and will likely follow you in many other aspects of your life - always.

Sale or trafficking of the drug is even more serious, with penalties ranging from 2 years all the way up to life in prison, with fines ranging from $25,000 to $200,000. Additional penalties are also tacked on if the sale or distribution was to a minor or within a certain distance of a school or public housing project (the latter of which disproportionately targets poor and minority offenders).

The reality is that the vast majority of Americans do support legalization of marijuana, but it remains to be seen whether our Alabama state legislators will follow suit. While we are certainly hopeful that HB 550 will be successful, our goal in the meantime is to prevent you from incurring a conviction.

A defense can be particularly effective if the marijuana was not found on your person, even if it was in your vehicle or a vehicle in which you were riding.

We will question the validity of the police officer's reasons for the initial stop or contact, whether the search was appropriate and whether there might be details overlooked by the investigating officers that would work in your favor.

Contact Birmingham Criminal Defense Attorney Steven Eversole at (866) 831-5292.

Additional Resources:

Marijuana Legalization Bill Introduced in Marijuana, April 5, 2013, By Soctt Sacek, The Daily Chronic

More Blog Entries:

Birmingham Defense Lawyers Try to Suppress Cell Phone Evidence, Dec. 11, 2012, Birmingham Criminal Defense Lawyer Blog

Birmingham Domestic Violence Arrest Requires Strong Defense

Steven Eversole — Thu, 11 Apr 2013 10:51:03 -0600

A series of high-profile domestic violence incidents in Birmingham recently prompts us to take this time to highlight the need for a solid defense in these cases.

Our Birmingham criminal defense lawyers know that domestic violence arrests are common primarily because of the way the laws are written. Police arriving on the scene of a domestic violence call will almost always take one party to jail, even if neither person has serious injuries or if it's just one person's word against another person's.

Police officers do not want to risk being called back to the same location again that night or to be held in any way liable if one person or the other ends up seriously hurt after they leave because they failed to separate the two for the evening.

And finally, domestic violence cases are one of the few areas of criminal law where the cooperation of the victim is not necessary. A domestic violence victim does not need to agree to press charges for arrest or the continued prosecution.

That said, a victim who cooperates can certainly make the case much easier for the prosecution.

Domestic violence is covered in Alabama Code 13A6-130 through 143. With a charge of domestic violence in the first-degree, a person is considered guilty if the crime is first-degree assault or aggravated stalking and the victim is a current or former spouse, parent, child, co-parent, current or former roommate or someone with whom you have or have had a romantic relationship.

Domestic violence in the first-degree is a Class A felony in Alabama, which means you could serve up to 99 years in prison, depending on your criminal history and the severity of the incident. However, the minimum you will serve is one year. If the action was committed while you were also violating a protection order, the length of imprisonment is set to double what it would have been otherwise.

In a recent case out of Huntsville, a woman was arrested for second-degree domestic violence after boyfriend allegedly suffered non life-threatening stab wounds in the midst of an argument between the two.

Second-degree domestic violence is much more common than first-degree, and it involves the crime of second-degree assault, intimidation of a witness, burglary, criminal mischief or stalking, as applied to a person who is intimately known to you. Its a Class B felony, and as such is punishable by between six months in jail to 20 years in prison - again, depending on the severity of the incident and your own criminal background.

This is why it's so important to secure a good lawyer. That decision could be the critical difference between a sentence at the low end of the spectrum and one that skews higher.

Another domestic violence case out of Jefferson County stemmed from a dramatic incident in which federal marshals and the county SWAT team were called in. Investigators reported that the 31-year-old suspect became upset with his wife when they were out somewhere and she asked to go home. He allegedly pulled a gun, forced her to the vehicle, drove home, forced her inside and repeatedly threatened to kill her.

He ended up falling asleep and when he awoke, his wife told him she was going to run errands. At that point, she left to contact authorities. Warned that he was potentially violent and with numerous weapons in the home, a tactical team was called in. Initially, he would not surrender, but once SWAT officers burst through the door, he surrendered without incident.

Officers reportedly found numerous weapons, as well as steroids - the presence of which the county's narcotics detectives are now in investigating.

That suspect is charged with second-degree domestic violence and second-degree kidnapping. As such, he could be facing significant time behind bars.

In these cases, whenever possible, we aim to help our clients avoid conviction in the first place. We will challenge any inconsistencies in the alleged victim's version of events, as well as the methods by which investigators collected their evidence.

If you have been arrested on a domestic violence offense, do not offer a statement to police without your lawyer present.

Contact Birmingham Criminal Defense Attorney Steven Eversole at (866) 831-5292.

Additional Resources:

U.S. Marshals and Jefferson County SWAT deputies arrest domestic violence suspect, March 28, 2013, By Carol Robinson, AL.com

More Blog Entries:

Wanted on Birmingham Warrant? Call a Lawyer First, March 10, 2013, Birmingham Criminal Defense Lawyer Blog

Alabama Home Brewer Faces Down Illegal Still Charge

Steven Eversole — Fri, 29 Mar 2013 08:50:22 -0600

The overflowing popularity of nanobreweries across the country has not left Alabama untouched.

But our Birmingham criminal defense lawyers know that these entrepreneurs must be exceedingly cautious in our state, which is peppered with both wet and dry counties, overseen by the Alabama Alcoholic Beverage Control Board's Enforcement Division under Title 28 Code of Alabama 1975. The agency has 133 agents spread out over 11 districts.

Making your own brew is not illegal, provided you have the proper permits and are within a wet county. However, if you are in a dry county and venture into making liquor, your operation would then be considered a still, in which case you could be charged with a felony.

That's what recently happened to a homebrewer in Blount County, just north of Birmingham.

The defendant was arrested back in 2010 on a charge of felony possession of a still in a dry county, per Code of Alabama 28-4-50.

The defendant, who is now the head brewer of a Montgomery commercial brewing firm, was arrested three years ago after authorities accused him of running an illegal still by producing whiskey and a drink called "white lightning" at his home.

However, it appears the case against him may have been rather weak, as evidenced by the fact that he eventually ended up pleading guilty to a misdemeanor possession of alcohol in a dry county.

The charges were first filed after the defendant's home was searched following a minor marijuana possession charge - a rather odd move, though officers contended that they "had information" that more marijuana might be at the location.

They didn't find more marijuana, but they did, allegedly, find a still.

A reporter interviewing the prosecutor following the case's recent adjudication reported that while the police list of items taken from the property includes a "still," the components of that are not described in any detail, and the prosecutor declined to show the reporter pictures of it.

In addition to that item, the log lists containers of "whiskey or beer." There was also a listing of corn sugar as an ingredient. True that this ingredient is often used in home still operations. However, it's also used sometimes in the brewing of beer as well.

The prosecutor said the only reason she agreed to the defendant's plea to a lesser charge was that she was dealing with a back log of more serious cases. Our Birmingham criminal defense lawyers don't buy it.

The defendant later told the reporter that his home was exclusively set up for a home brewery. The only liquor he was aware of existing at his home was a bottle of rum purchased by his wife while overseas.

He conceded that certain equipment may appear to be for still use - but only to an untrained eye. For example, the set up the officers seized included the use of two heat exchangers, which are essentially copper coils that are used to manage the liquid temperature at various stages in the process. They look similar to something known as "distillation worm" used in the production of liquor, he said, but they are actually quite different.

Yet, the law doesn't technically distinguish from beer and liquor. What it says is that it is unlawful for a person to have in their possession any still, apparatus, appliance or device used for the purposes of making any prohibited liquors or beverages.

If he were to have been arrested for the same offense in a wet county, he likely would only have faced a misdemeanor from the start.

Yet for all that, authorities seized about $8,000 worth of equipment - which was not returned - and he still has a conviction, though fortunately, not a felony.

Contact Birmingham Criminal Defense Attorney Steven Eversole at (866) 831-5292.

Additional Resources:

Blount County homebrewer was actually running a 'white lightning' still, prosecutors say, March 27, 2013, By Robert McClendon, AL.com

More Blog Entries:

Birmingham Criminal Defense: Cops Have Reasons to Lie, Feb. 12, 2013, Birmingham Criminal Defense Lawyer Blog

Former Jefferson Judge Candidate Convicted for Child Porn

Steven Eversole — Wed, 27 Mar 2013 07:50:12 -0600

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.

Contact Birmingham Criminal Defense Attorney Steven Eversole at (866) 831-5292.

Additional Resources:

Former Jefferson County judicial candidate Chuck Hunter convicted on child enticement and child porn charges, March 27, 2013, By Kent Faulk, AL.com

More Blog Entries:

Wanted on Birmingham Warrant? Call a Lawyer First. March 10, 2013, Birmingham Criminal Defense Lawyer Blog

Wanted on Birmingham Warrant? Call a Lawyer First.

Steven Eversole — Sun, 10 Mar 2013 06:52:39 -0600

A magistrate with the Bessemer Municipal Court, about 20 minutes outside of Birmingham, has announced the implementation of an amnesty program for those with outstanding warrants for Failure to Appear, starting on March 15.

Our Birmingham criminal defense lawyers know that this is by no means an entirely novel approach, but it can be a good opportunity to potentially reduce the penalties you might face for not showing up to court in the first place. However, anyone who suspects they may have an outstanding warrant should first speak with an experienced attorney to learn more about their options.

Many times, people who are about to enter police custody don't have the option of consulting with an attorney right away. As you have this option, you should avail yourself of it. We will not only give you a general idea of how the process is going to work, we will advise you on what to say - or not to say - if police attempt to question you. Depending on the severity of the charge, we may be able to help you prearrange a quick, low bail so that you endure minimal interruptions to daily life. In some cases, you may be allowed to actually bring your bail money with you to the jail so that you can bond out almost immediately.

Additionally, we can often help prearrange the terms of your bail. The goal there would be to help lessen the restrictions that will be made on you after you are released, such as who you may be able to speak with or be around, whether you may drive, whether you may have freedom to attend work or school.

Often, people with outstanding warrants overlook the fact that they are turning themselves in can be used as a bargaining chip to help set these conditions. It must however be done with the help of an experienced attorney to act as an intermediary.

Probably the worst thing you can do is ignore an outstanding warrant. For one thing, constantly looking over your shoulder, wondering whether you may be taken in at any moment - that's no way to live. Secondly, depending on what your warrant is for, you risk an unexpected and potentially violent confrontation with police. Panic causes people in these situations to make sudden movements or even lash out. That can potentially result in more charges or even bodily injury.

Amnesty programs, like the one being offered in Bessemer, are primarily intended to help courts purge a glut of backed up cases by getting the defendants to show up so that the issues may be resolved. Bessemer has 5,000 outstanding warrants dating back more than a decade. Still, you can work it to your advantage.

As of right now, the courts say there are thousands of people who have outstanding FTA warrants in Bessemer. Operation Clean Slate will cover any of those FTA warrants issued from 2002 through the present, and will only be extended for those charged with a misdemeanor crime.

The court says it is trying to widely publicize the information so that people don't treat it as a potential scam. This is yet another reason why speaking to a lawyer first is a good idea. Law enforcement agencies in recent years have gotten clever in extending certain awards or free giveaways in an attempt to lure those with outstanding warrants to a location so that they may be arrested. So naturally, people may be suspicious of this. Talking with a defense lawyer first will help you gauge whether the offer is legitimate and whether it makes sense for you to move on it.

Contact Birmingham Criminal Defense Attorney Steven Eversole at (866) 831-5292.

Additional Resources:

Bessemer magistrate wants to offer justice with efficiency, March 8, 2013, By Jesse Chambers, AL.com

More Blog Entries:

Alabama Weapons Offenses to be Handled Harshly, Feb. 16, 2013, Birmingham Criminal Defense Lawyer Blog

Birmingham Check Fraud Results in Prison Time

Steven Eversole — Thu, 28 Feb 2013 06:34:48 -0600

The scheme allegedly cooked up by the two defendants was actually pretty elaborate: Forged checks were used to purchase auto parts at a nearby dealerships. Those parts would then be resold for cash to third-party buyers at smaller auto shops.

Of course, it didn't last. Our Birmingham criminal defense attorneys understand that the duo - a man and a woman - were arrested not long after dealerships began reporting similar problems with bouncing checks.

The mom-and-pop auto shops reportedly were not aware that the parts they were buying weren't legitimately owned in the first place.

Now, the pair have been sentenced after both entering something known as a "blind plea." This is when a defendant pleads guilty to the charges, with no special guarantee that the judge is going to cut him or her a break, as you might get in a normal plea bargain, brokered between the defense and prosecuting attorney.

Blind pleas are extremely risky, as they essentially amount to the defendant throwing herself at the mercy of the court.

In most plea bargains, if the prosecution agrees to recommend a reduced sentence and the judge refuses to follow that recommendation, instead imposing a harsher sentence, usually the defendant has the option to withdraw that guilty plea and then go on to trial in hopes of a more favorable outcome. Those who submit a blind plea, however, don't have this option.

There are a few instances where it might be advisable. Examples would be if the prosecution has a very good case, and/or the judge has a reputation for going easy on those who come clean about their role in the accused crimes.

But reaching this conclusion isn't something you should do lightly.

In this case, it may have worked out.

The female defendant in this case was facing six counts of criminal possession of a forged instrument in the second degree (Alabama Code 13A-9-6) and a single count of theft of property in the second degree (Alabama Code 13A-8-4). Both of these are Class C felonies, which means with all charges totaled, she was facing a minimum of 14 years and a maximum of life in prison.

The judge chose to sentence her to a 15-year-term - but it was split. So she will be allowed to serve two years in prison, followed by two years probation. If she violates her probation, she would be sent back to prison to serve the rest of her sentence.

Given all the facts, it does appear in this case that a blind plea agreement worked in her favor. Same for her co-defendant, who was given a 10-year split sentence, with a requirement to serve at least 29 months behind bars, followed by four years of probation.

As this case reveals, check forgery is taken quite seriously, regardless of the amount.

Possession of a forged instrument is defined as the possession of a fraudulent or falsified deed, will, contract, check, note, draft or any other commercial instrument that has the ability to transfer money, property or rights to an individual. In order to meet the threshold for criminal conduct, prosecutors have to prove that your possession was accompanied by criminal intent.

A conviction on a single count mandates a minimum of two years behind bars.

You absolutely can't afford to take your chances with a public defender.

Contact Birmingham Criminal Defense Attorney Steven Eversole at (866) 831-5292.

Additional Resources:

Trussville woman sentenced after pleading guilty in forged check scheme, Feb. 27, 2013, By Kelsey Stein, Al.com

More Blog Entries:

Birmingham Criminal Defense: Cops Have Reason to Lie, Feb. 12, 2013, Birmingham Criminal Defense Lawyer Blog

Alabama Weapons Offenses to be Handled Harshly

Steven Eversole — Sat, 16 Feb 2013 10:15:58 -0600

Ever since the tragedy in Sandy Hook, where 20 elementary school children were gunned down by a man with an apparent mental illness, authorities across the country have been on high alert - particularly when it comes to schools.

Birmingham criminal defense attorneys know that Alabama has been no different in this regard. Individuals who are suspected or arrested for any type of weapons offense or threat are going to find themselves facing severe consequences by law enforcement agencies, prosecutors and judges who don't want to be seen as taking anything but a hard line on gun crimes.

A recent case out of Chelsea - just 20 minutes southeast of Birmingham - shows how close to home this hits. Local news reports from Shelby County are that a man entered the middle school with a firearm and held several students there at gunpoint in the girls' locker room. The man was apparently a former student and summer employee at the school.

A school resource officer, along with several county deputies, arrested the man and no one was injured. Now, state and federal law enforcement officers have also jumped in on the investigation.

The incident has prompted local officials to renew their commitment to keeping a sworn officer stationed at each school in the district - a promise also made by officials in Alabaster, about a half hour south of Birmingham.

Incidents like the one in Chelsea serve only to heighten officials' desire to crack down on gun offenses - whether they happen in schools or not.

Title 13A of Alabama's Criminal Code, Chapter 11, Article 3, Provision 1, addresses the multiple penalties that already exist for firearm offenses. Simple unlawful possession of a concealed firearm carries a maximum of six months in jail. Possible defenses, as outlined in Section 13A-11-51, include the possibility that the firearm was being used to halt an attack. This won't completely eliminate the charge, but it may serve as a mitigating factor in deciding penalties.

The use of firearms in a public place in Alabama - except in instances of self-defense - is also punishable by up to six months in jail, assuming no one was actually hurt. In the latter scenario, one could find himself facing felony aggravated assault charges or possibly even attempted murder.

Individuals who shoot or discharge their weapon into a school bus or school building could face up to 20 years in prison (and a minimum of 2 years), regardless of whether the structure is occupied or not.

Even cases in which no actual gun is used but there is a threat to do so could result in serious penalties. Alabama Code Section 13A-10-15 defines "terrorist threats" as the threat to commit a crime of violence or property damage with the intent to recklessly or intentionally terrorize another person or disrupt school activities or to retaliate against either someone who is party to a judicial proceeding. This is considered a Class C felony, punishable by up to 20 years in prison.

These are not situations in which one should take his chances with a public defender. Hire a criminal defense lawyer with proven experience.

Contact Birmingham Criminal Defense Attorney Steven Eversole at (866) 831-5292.

Additional Resources:

Former Chelsea Middle School student, employee with gun stopped by Shelby County deputies, Feb. 12, 2013, By Martin J. Reed, AL.com

More Blog Entries:

Birmingham Criminal Defense: Cops Have Reasons to Lie, Feb. 12, 2013, Birmingham Criminal Defense Lawyer Blog

Birmingham Criminal Defense: Cops Have Reasons to Lie

Steven Eversole — Tue, 12 Feb 2013 08:13:06 -0600

Although our criminal justice system tends to give a lot of credence to the account and testimony of police officers, there is a growing body of evidence to suggest officers not only lie quite often - they have increasing incentive to do so.

This is not earth-shattering news for our Birmingham criminal defense lawyers, but it's important for those facing criminal charges to understand what they may be up against, and why securing a solid defense team is critical.

It's a well-known fact that jurors will believe a cop over a defendant any day of the week. But it's also a fact that officers are no more likely to offer a true account than the next person. Actually, they may be less so. That's not just according to us - that comes straight from the horse's mouth.

In March 2011, former San Francisco Police Commissioner Peter Keane penned a scathing first-person account of police officer perjury in drug cases, calling it "commonplace." He said it was not even much of a secret, but rather a routine way of doing business.

The reasons, Keane asserted, are simple. First, officers can and do get away with it. Rarely will a judge toss out evidence of an officer's search, Keane said, and only then, it's at the defense's insistence combined with the undeniable fact that the officer's testimony doesn't match the evidence. Even then, judges will usually apologize to the officer for doing so - even though the officer has clearly just committed felony perjury!

Secondly, it has to do with the nature of drug crime cases and who is involved - generally someone who is poor, minority, has a criminal record and actually does have drugs. The fact that the officer may have searched the property illegally or fudged the facts on the initial stop is too often overlooked.

And thirdly, Keane says, individual officers earn incentives in the department when they ratchet up the number of drug arrests. They are rewarded, regardless of the minute details of that arrest.

Criminal justice studies Author Michelle Alexander, who recently wrote an editorial for The New York Times on the subject, says there is actually another reason officers have reason to lie under oath, particularly in drug cases. That is, police departments earn money in the form of state and federal grants based on the sheer number of arrests, searches and stops they make. A good example is the Edward Byrne Memorial Justice Assistance Grant Program. There is no part of this program that goes back to look at the number of convictions that resulted from those arrests or even to conduct a meaningful examination of whether a sampling of those stops were actually lawful.

Alexander's assertion is well-backed. There have been a number of noteworthy scandals (recently in Texas and California) involving officers caught planting drugs on suspects or lying in an effort to boost arrest rolls and keep the federal grant money coming in.

Two years ago in New York City, hundreds of drug cases were actually dismissed when a number of officers were discovered mishandling evidence. A state Supreme Court justice was quoted as saying that the widespread culture of corruption and lying, specifically within the agency's drug enforcement units, was "widespread," "pervasive" and "casual."

Our Birmingham criminal defense lawyers want you to know we take your case seriously. We are committed to conducting a thorough examination of the evidence and testimony for any sliver of potential misconduct or perjury by law enforcement officers. In some cases, it doesn't matter what you have done or what officers have found - it's the way they found it and what they say afterward that matters.

Contact Birmingham Criminal Defense Attorney Steven Eversole at (866) 831-5292.

Additional Resources:

Why Police Lie Under Oath, Feb. 2, 2013, By Michelle Alexander, Opinion, The New York Times

More Blog Entries:

Birmingham Defense Lawyers Try to Suppress Cell Phone Evidence, Dec. 11, 2013, Birmingham Criminal Defense Lawyer Blog