Birmingham Criminal Defense Blog

Jefferson County Sex Crime Charges Dismissed

Steven Eversole — Sun, 13 May 2012 08:23:01 -0600

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Do Not Plead Guilty. If you or a loved one has been arrested for a sex crime in Birmingham or in any of the surrounding areas, contact Eversole Law Offices for a free initial consultation. Call 866-831-5292.

Additional Information:

Jefferson County judge dismisses criminal child sex abuse case against ex-day care center operator, By Eric Velasco, The Birmingham News

More Blog Entries:

Birmingham Church Radio Station Manager Charged With Lewd Conduct Charges in Florida, June 29, 2011, Birmingham Lawyers Blog

Three Charged in Connection With Fatal Krystal Shooting

Steven Eversole — Tue, 30 Aug 2011 15:40:30 -0600

Three young people have been charged in connection with the fatal shooting of a Krystal employee in Decatur, The Huntsville Times is reporting.

Recently, authorities arrested two people -- a 22-year-old woman and a 20-year-old man -- a day after arresting a 21-year-old man. All three are charged with two counts of capital murder.

Murder charges in Alabama are the most serious a person can face They can lead to decades or life in prison, or possibly the death penalty. For this reason, murder cases should only be handled by the most aggressive and experienced Birmingham Criminal Defense Lawyers. The severity of the penalties requires that the defendant get the highest quality representation possible. Alabama is one of 34 states where the death penalty is applicable in murder cases.

Police believe the three conspired to rob the restaurant and gunned down the night manager, a 50-year-old man, as well as a 23-year-old employee. Authorities allege the woman drove the getaway vehicle.

Both victims were shot with a 9mm pistol; the night manager found behind the counter and the slain employee found in a walk-in cooler. The restaurant's lobby is open until midnight, but the restaurant is open 24 hours and offers service through its drive-thru. The last order that night was placed at 3 a.m. and an employee found the bodies around 5 a.m., the newspaper reports.

One might wonder how three people could all be charged with murder when all three couldn't have pulled the trigger to inflict the fatal wounds. But in Alabama, a person can be charged with murder even if they didn't, personally, kill someone. If people work together to commit a crime and someone dies during the crime -- even if it's one of the co-defendants -- all the defendants who conspired together can be charged with murder.

In this case, police have charged them all with capital murder, meaning they could be eligible for the death penalty. But an arrest on its face isn't proof that a crime was committed. Prosecutors must convince a jury that the defendants are guilty, beyond all reasonable doubt.

In murder cases, the state must show that a suspect either killed a person by premeditation, meaning they planned it out, or while committing another felony at the time of the killing. In this case, the state may argue the defendants were committing a robbery (the felony) when the killings happened. The news article doesn't present any evidence they planned to kill the workers ahead of time.

If defendants face a capital murder charge, they are eligible for the death penalty. And a disturbing report by the Equal Justice Initiative in July found that Alabama is the only state of the 34 that carry the death penalty where judges routinely override jury verdicts -- thereby changing life in prison recommendations to the death penalty, the Press-Register reported.

When a person's life is at stake and they have the state bearing down on them, seeking to kill them legally, they must have an experienced Birmingham Criminal Defense Attorney on their side who can challenge all evidence, poke holes in the state's case and fight the charges as aggressively as possible.

More Blog Entries:

Casey Anthony Case Shows Why Strong Murder Defense In Birmingham is Critical: July 15, 2011

Montgomery Shooting Turns Fatal; Alabama Murder Cases Require Aggressive Defense: June 15, 2011

Additional Resources:

Decatur police charge 2 more with capital murder in fatal Krystal shooting, by Victoria Cumbow, The Huntsville Times

Two Alleged Copper Thieves From Birmingham Arrested

Steven Eversole — Fri, 26 Aug 2011 15:13:50 -0600

Two men have been arrested on charges of stealing copper from the Oak Grove and Adger communities of Jefferson County, The Birmingham News reports.

As the Alabama DUI & Criminal Defense Law Blog recently reported, a copper thief hit some AT&T lines, interrupting phone service for hours near Princeton Baptist Medical Center.

Because metals are increasing in value, many people have resorted to trying to steal them. But an arrest offers no proof, it is only the law enforcement officer's opinion of who committed the crime. And the standard of proof for an arrest is only reasonable cause, a very low standard. Proof beyond all reasonable doubt is what is necessary for a person to be convicted of theft in Birmingham.

Handling these types of cases alone is a bad option. Hiring an experienced and aggressive Criminal Defense Attorney in Birmingham will ensure the defendant receives sound legal advice about their case.

In this case, a 32-year-old and 33-year-old were arrested and charged with stealing copper cable from mines. One of the men is from Quinton and the other from Dora.

According to the news report, during an August 8 attempted robbery, one of the men allegedly triggered an alarm, which caused a security guard to call authorities. The guard was able to provide enough information for deputies to identify the men, sheriff's deputies told the newspaper. Surveillance cameras and information from the witness led to the arrests.

One of the men is charged with attempted theft, burglary, theft of property and receiving stolen property. The other faces charges of unlawful possession of a controlled substance, attempted theft of property, resisting arrest, burglary and unlawful possession of drug paraphernalia.

Although stealing copper may seem to be a non-dangerous crime, authorities say that it can be frustrating to customers of phone companies, and a threat to miners. If copper wiring is stolen in mines, it can cut off ventilation systems and other safety measures for people working in the mines.

In Alabama, the penalties for theft range based on the value of the property stolen. A third-degree charge means stealing less than $500, second-degree theft is stealing between $500 and $2,500 in property and a first-degree charge means stealing more than $2,500 in property or a vehicle. The penalties can range from months in jail to years in prison, depending on the value.

And another point to make is that in theft charges in Birmingham, authorities can seek to seize assets or seek restitution if they can show a victim lost a certain amount of money or value during the crime. That means a person can be convicted, serve time in prison, get out and have to start making payments while they're trying to get a job and get back on their feet.

Obviously, it's tough to find a job at all right now, so trying to find a job after being a convicted felon can be almost impossible. Add to that having to make restitution payments or losing your house or vehicles to forfeiture proceedings and the consequences can pile up. That's why an aggressive defense is necessary when dealing with the charges in the first place.

More Blog Entries:

Copper Thief Strikes AT&T Lines, Interrupt Phone Service in Birmingham: August 15, 2011

Additional Resources:

Jefferson County deputies arrest 2 on copper theft charges, by Carol Robinson, The Birmingham News

Man With 41 Warrants, Including Some From Alabama, Arrested

Steven Eversole — Mon, 22 Aug 2011 09:50:55 -0600

A man facing more than three dozen warrants for his arrest in six states was recently arrested in Mississippi, The Advertiser reports.

According to the news article, most of the warrants pertain to the man allegedly writing bad checks in Alabama and in several other states. Hiring an experienced Birmingham Criminal Defense Attorney to defend these cases is important in order to ensure the rights of the accused are being upheld.

Trying to pass worthless checks in Alabama is punishable as a misdemeanor, but most people don't face just one count. Therefore, the penalties can stack up if law enforcement charge a person with multiple counts.

In Alabama, writing a bad check falls under the definition in Alabama Code 13A-9-13.1. Under that law, writing a bad check is written as "negotiating worthless negotiable instrument."

The law says that if someone passes a "negotiable instrument" -- a check -- that they know is worthless, they can be found guilty of the crime. The elements of the crime require that the person knows their check is bad expecting that it won't be honored.

The scenarios under which the check wouldn't be honored include if there is no actual account from which to draw money, if payment was refused for lack of funds or if notice of refused payment is mailed and returned undelivered.

According to the news article, the Calhoun County Sheriff's Office, which is in Mississippi, got a complaint of a person who was trying to cash counterfeit checks. When they arrived, they chased a suspect in a vehicle, after which a man and a woman, both from Lucedale, Mississippi, were apprehended.

The man had 41 warrants for his arrest at the time. In January, authorities sought the public's help identifying a person who cashed counterfeit FedEx payroll checks in Cecilia, Louisiana. He allegedly had 19 warrants for using fraudulent checks in Alabama, Arkansas, Kentucky, Louisiana, Mississippi and Tennessee.

The article states that the United States Secret Service and U.S. Attorney's Office are now investigating the man. Perhaps because he is wanted in so many states, they are considering prosecution.

Obviously, most people don't have 41 warrants out for their arrest, but in the case of writing or trying to cash bad checks, it is possible. Many people are accused of committing the crime many times and usually aren't charged with just one count. Therefore, if the number of charges increase, so do the possible penalties. As the article states, the man may soon face federal charges in Alabama.

These types of charges must be diligently defended. In many of these cases, video surveillance or eyewitness testimony will come into play and be a major element of the state's case against a defendant. Being able to positively identify a person as the one who attempted to pass a bad check is most of the battle for law enforcement.

But if witnesses' identifications vary, even if one clerk says the man had a beard and another said he had a mustache, there's cause for doubt. And the standard in the criminal justice system in this country is proof beyond all reasonable doubt. Getting some of the charges dismissed will be another defense strategy; it's unlikely prosecutors have made, or care to present, all 40+ cases. If witnesses can't agree on what the suspect looks like, that's doubt. There are many elements to a strong defense and they vary depending on the particular facts of the case. Trust in an experienced Birmingham Criminal Defense Attorney.

Additional Resources:

Man with 41 warrants arrested, by Brandon Kane, The Advertiser

Two Arrested in Calera For Allegedly Robbing Waffle House in Atlanta

Steven Eversole — Thu, 18 Aug 2011 09:20:11 -0600

Two young adults were arrested recently in Calera, south of Birmingham, after they were allegedly involved in a string of Waffle House robberies in the Atlanta area, The Atlanta Journal-Constitution reports.

Charges of robbery in Birmingham are among the most serious felonies on the books in Alabama because they are defined as taking property from a person, as opposed to burglary, which is taking property when a person isn't around. Either way, these are charges that require the experience of a Birmingham Criminal Defense Attorney who can defend the case aggressively.

The suspects, who are 19 and 21, are from Ellenwood, Georgia, but they were arrested in Calera by local police recently, the article states. According to police, 18 Waffle Houses have reportedly been robbed in six Atlanta metro counties, Auburn, Alabama and La Grange, Georgia. Police are considering whether the two suspects may have been involved in the other holdups.

Recently, a man with a shirt tied around his face approached an employee and allegedly cocked a gun and told the man to run away at a Waffle House in Gwinnett County, Georgia. Video surveillance reportedly shows two men walking into the restaurant and unsuccessfully trying to open the register before stealing a laptop. No one was injured.

A day earlier, a Waffle House in Marietta was robbed after a man ate his meal and paid. He allegedly pointed a gun at employees and demanded cash. Police say the Waffle House robberies appear similar in that the suspects would place an order at the counter in the early morning hours and wait for the food to be prepared before trying to rob the employees.

The article doesn't make clear how police tracked the suspects to Calera, which is about a good three-hour drive from the Atlanta area. The article provides no details about how the suspects were connected to the robberies.

It's important to note that theft crimes in Birmingham are treated seriously by Alabama law. There are different tiers of robbery in Alabama, but all are felonies punishable by years in prison, if convicted.

Third-degree robbery means stealing by force. Second-degree robbery is defined by committing a third-degree felony with the help of another person, while first-degree robbery means committing the crime while using a weapon or injuring someone. The penalties in Alabama range from up to 10 years in prison to life in prison.

As you can see, they are very serious, so the charges must be defended properly. That means debating the strength of the evidence, including the video surveillance, how well the suspects may be matched to those on tape, whether there's any DNA or fingerprint evidence, if witness descriptions match the defendants and other details of the case.

In high-profile cases, especially when big corporations are involved, police officials tend to get antsy and want their detectives to quickly solve a case. They want to solve all cases, but they do prioritize. And in cases that are getting media attention, the pressure is even higher. That can sometimes lead to detectives making a stretch when they arrest someone, which is why they must be held accountable for their actions. That means hiring an experienced Birmingham Defense Attorney to stand by the defendant's side.

More Blog Entries:

Cooper Thief Strikes AT&T Lines, Interrupt Phone Service in Birmingham: August 15

Woman Dressed as Man Accused of Tuscaloosa Bank Robbery: August 9

Additional Resources:

Cops arrest 2 Waffle House robbery suspects in Alabama, by Christopher Seward, The Atlanta Journal-Constitution

Copper Thief Strikes AT&T Lines, Interrupt Phone Service in Birmingham

Steven Eversole — Mon, 15 Aug 2011 14:24:24 -0600

A person who stole copper telephone wires caused phone service interruption to about 600 customers recently around Princeton Baptist Medical Center, The Birmingham News reports.

The theft of household items, including copper, aluminum, brass and bronze has increased nationwide, likely as a result of the increased value of these metals as well as the high unemployment rate, which is 10.2 percent in Jefferson County and 10.5 percent statewide, according to the Alabama Department of Industrial Relations.

Theft crimes in Birmingham are punishable as misdemeanors and felonies, depending on the facts of the particular case. And the difference between how the charge is filed can make the difference between possible jail time and long stays in a state prison. That's why hiring an aggressive Birmingham Criminal Defense Attorney should be a defendant's first action after arrest.

According to the newspaper, the wire was stolen in the alley behind 1232 Princeton Avenue and the repairs by the telephone company took nearly 15 hours. Officials say about 165 pounds of copper were stolen and AT&T officials have offered a $5,000 reward for information leading to an arrest.

While the theft of metal from homes or businesses can be profitable for the thieves, it can also be dangerous. In cases where transmission or communications are interrupted, a defendant may also face more serious criminal charges.

Therefore, when an arrest is made, it should be scrutinized by an experienced attorney. That's because without catching someone in the act, prosecution and conviction become more difficult. Without any physical evidence, prosecutors sometimes have difficulty securing convictions.

But even an arrest can lead to public ridicule and loss of employment and problems for the defendant. That's why scrutinizing the case, starting with the police investigation, is the primary job of a client's attorney.

In theft cases, especially burglaries and robberies, the state sometimes leans on co-defendants as the main witnesses in a case, which can be problematic for the state. These witnesses are paid by their freedom -- or lessened prison sentence -- and therefore have a lot to lose by not saying what the prosecution wants them to.

Even physical evidence can be challenged, such as how police obtained the evidence and whether they had probable cause to obtain it. Search warrants must be challenged as to the information police provided the judge to get them to allow police to riffle through the personal property of a person they consider a suspect.

In Alabama, there are different forms of theft and different penalties:

Theft of property in the first degree: Stealing more than $2,500 in value from another person or the theft of a vehicle. It can also be conspiring with another person to sell the items and the total value of items stolen over 180 days is $1,000. It is a Class B felony.

Theft of property in the second degree: Stealing more than $500 in property and less than $2,500. That can include stealing a credit or debit card, firearm and livestock. It is a Class C felony.

Theft of property in the third degree: Stealing less than $500 in property and it constitutes a Class A misdemeanor.

More Blog Entries:

Former Alabama Cheerleading Coach Charged with Theft, Ethics Violations: July 17, 2011

Additional Resources:

Service restored after Birmingham copper thief caper, by Carol Robinson, The Birmingham News

Center Point Man Targeted In 40 to 50 Jefferson County Burglaries

Steven Eversole — Fri, 12 Aug 2011 13:47:04 -0600

A Center Point man was arrested recently after a burglary attempt and police believe he may be tied to dozens of Jefferson County and Birmingham burglaries, The Birmingham News reports.

Theft crimes in Alabama can range from a shoplifting misdemeanor to a felony burglary or robbery. And with the change in the severity of the crime, so do the penalties increase. That's why hiring an experienced and diligent Birmingham Theft Defense Attorney is the most important first step in a successful defense to burglary charges throughout Alabama.

In this case, authorities allege that a 35-year-old man took part in a crime spree from May to August in which he sent a series of text messages to his girlfriend, who allegedly acted as a lookout for the operation. The man has been charged with burglary, while his girlfriend has acted as a state's witness and hasn't been charged.

"They used cell phones to communicate by text message," Jefferson County Chief Deputy Randy Christian told The Birmingham News. "It appears that she forgot to delete the text messages and has recorded an electronic history of this, and several other burglaries in the Center Point area over the past few months."

After a recent burglary in the Grayson Valley area, deputies were called and spotted a vehicle that matched the description of a vehicle seen leaving the scene with a man and woman. After stopping the vehicle, which allegedly contained a pry bar, the two were taken to headquarters for questioning.

According to the news article, workers at a recycling center confirmed the couple had been in that day and gave investigators a list of items they had sold -- mainly copper. The girlfriend has reportedly been pointing out houses the two drove to, though authorities don't believe she entered any of the houses.

Regardless, the fact that the girlfriend in this case isn't facing criminal charges -- that she hasn't even been arrested and then decided to cooperate -- means her credibility must be questioned by an experienced Birmingham criminal defense attorney. The fact that authorities appear to be treating her as a witness rather than a co-defendant is interesting.

She has a lot to gain by telling police exactly what they want to hear and a lot to lose if she doesn't deliver a conviction, as it will likely be her words that the state uses in its prosecution of the defendant.

Co-defendants in any criminal case are a sticky situation for prosecutors. On the one hand, their case is weakened without their help, but on the other hand, their credibility is poor, at best. Therefore, an aggressive attorney will exploit this in defense of the client.

In Alabama, burglary in the first-degree is governed by Alabama Code Section 13A-7-5 and is considered a Class A felony -- punishable by 10 years to life in prison. There is burglary in the second-degree and third degree, which are defined in Alabama Code Section 13A-7-6 and 13A-7-7. Third-degree burglary is a class C felony in Alabama, punishable by 1 to 10 years in prison and fines of up to $15,000.

The article only states the man is charged with burglary and it doesn't state which class felony. Also, while authorities believe he may be involved in other burglaries, he is only charged with one at this time. Potentially facing dozens of burglary charges, this defendant must rely on an attorney for sound legal counsel and aggressive defense.

More Blog Entries:

Woman Dressed as Man Accused of Tuscaloosa Bank Robbery: August 9, 2011

Four Atlanta Men Charged in Auburn Burglary: July 31, 2011

Additional Resources:

Girlfriend's text message trail ties burglary suspect to dozens of east Jefferson County cases, by Carol Robinson, The Birmingham News

Woman Dressed as Man Accused of Tuscaloosa Bank Robbery

Steven Eversole — Tue, 09 Aug 2011 10:14:43 -0600

The Tuscaloosa News recently reported about a woman dressed as a man who has been robbing banks in the area.

Theft crimes in Alabama can be anything from shoplifting to armed robbery. And the severity of the charges vary depending on many factors, including whether weapons are used or threats of violence are made by the suspects. Hiring an experienced and aggressive Birmingham Robbery Defense Attorney is important in order to protect the rights of the defendant and ensure justice is done.

According to the news report, a woman with a fake beard and dressed like a man threatened bank tellers recently that she had a bomb during a robbery at the Cottondale branch of the Bank of Tuscaloosa. Authorities believe the woman could be linked to another bank robbery from earlier this month.

Law enforcement reports that the woman, who had a "drawn-on" beard entered the bank and demanded money while placing a device on the counter. After leaving the bank with an undisclosed amount of money, she fled in a maroon vehicle with tinted windows.

While the bank robber threatened that the device was a bomb, police determined it was not. FBI investigators suspect this bank robber is the same who robbed a bank in Brookwood on July 19. While witnesses described that suspect as a man, whose image was captured by surveillance cameras, they believe it may be the same woman who robbed the Cottondale bank.

Bank robbery is tricky because people arrested are charged federally as opposed to in state court because money secured in banks is federally insured. So, the FBI will typically investigate these cases, along with local law enforcement. U.S. Code Title 18, Section 2113 defines bank robbery and tells what financial institutions are covered by federal statutes. Depending on the facts of the case, a person can face up to 25 years in federal prison for bank robbery.

But other theft crimes in Alabama can be pursued by state prosecutors. That can be stealing from a convenience store all the way to breaking into someone's house with force, while armed, and committing a robbery.

State laws define robbery in Section 13A-8 and can be charged as a third-degree, second-degree or first-degree felony:

Third-degree robbery: Committing a theft while using force or threatening force

Second-degree robbery: Committing a third-degree robbery while aided by another person who is present

First-degree robbery: Committing a third-degree robbery while armed or if causing serious physical injury.

A Class C felony is punishable by up to 10 years in prison, while a Class B is punishable by 2 to 20 years in prison and a Class A felony is punishable by up to life in prison.

Obviously, with the penalties so severe, aggressively defending against the charges is critical. In cases where witnesses allegedly saw what happened, their statements to police, coupled with the evidence that may contradict them, can be used to disprove the state's theories. The state sometimes lacks important evidence that can lead to not guilty verdicts at trial. Exploring all options and all possible defenses to the charges is the job of diligent criminal defense attorney in all criminal cases in Birmingham.

More Blog Entries:

Four Atlanta men Charged in Auburn Burglary: July 31, 2011

Iron Bowl Sting Catches Alleged Deadbeat Parents

Steven Eversole — Thu, 04 Aug 2011 09:17:05 -0600

At least a dozen people were arrested on charges of delinquent child support payments recently after Lee County Sheriff's deputies conducted a sting that promised tickets to the 2011 Iron Bowl, the Opelika-Auburn News reports.

Birmingham Criminal Defense Lawyers understand that law enforcement officer are constantly looking for ways to arrest people and tend to come up with unique stings to try to wrangle up as many suspects as possible. Whether it's child support, prostitution or drug charges in Birmingham, police will attempt to make as many arrests as possible.

But what must be considered if arrested in some type of sting is whether or not law enforcement officers entrapped suspects. While entrapment is tricky to prove sometimes, an aggressive criminal defense attorney will explore all evidence presented by the state and seek to eliminate evidence that could be incriminating to defendants.

In this case, sheriff's in Lee County -- home of the Auburn Tigers -- sent letters to 140 people who had warrants out for their arrest for allegedly being behind on child support payments. According to the article, the suspects were between $30,000 and $75,000 behind on payments.

While many of the letters were returned due to bad addresses, they promised free tickets to the Iron Bowl -- the annual Alabama-Auburn football matchup -- for the upcoming season. All the person had to do is return the letter with a photo ID. The location, in Opelika, was Iron Bowl-themed, with balloons and streamers and a TV playing highlights of the 2010 Iron Bowl.

But when they arrived, the people were arrested and none were given tickets to the annual football game. While many people would covet free tickets to the game -- which has been played as far back as 1893 and which is led by Alabama with an all-time record of 40-34-1 -- file this under the "if it's too good to be true, it probably isn't" category.

Police will come up with any type of scheme to make arrests like this, but these operations typically are high trickery and low on good police work. While law enforcement agencies like to invite the media to these operations to get good press and build up good will with the public, they sometimes leave out all the details of how they got the arrests. And no one is around to do a story when the defendant is found not guilty or the charges are dismissed months later.

Entrapment is essentially when police get a person to commit a crime they would otherwise have been unlikely to commit. That's not the case with back child support but you get the idea. Sometimes had a person not been influenced to commit the crime, they can be found not guilty. For instance, during a drug sting, if an undercover police officer calls up a defendant and asks for drugs, the person may be found not guilty because he or she was enticed into or pressured into coming to the drug sale.

Each case varies, but whether drugs, prostitution, police actions when making an arrest or a group of arrests must be scrutinized. An aggressive Birmingham Criminal Defense Attorney will look at all aspects of the case and seek the best possible resolution for the client.

Additional Resources:

Iron Bowl sting catches alleged deadbeat parents, by Donathan Prater, Opelika-Auburn News

Four Atlanta Men Charged in Auburn Burglary

Steven Eversole — Sun, 31 Jul 2011 15:28:00 -0600

The Opelika-Auburn News recently reported that four men from Atlanta have been charged with third-degree burglary and possession of burglar's tools in connection with an incident in Auburn.

Theft crimes in Opelika can range from a simple shoplifting case to a complex burglary or robbery case. Whatever the severity of the charges, any crime should be aggressively defended by an experienced Birmingham Criminal Defense Attorney.

According to the news article, the four men, ranging in age from 18 to 45, were arrested after Auburn police stopped the rental car driven by one of the men. According to the article, Auburn police discovered that someone cut into the rear of the Swanson Diamond Center and the officer heard someone fleeing.

About 20 minutes later, police stopped a car matching a vehicle description allegedly used in connection with the break-in. Police wouldn't tell the newspaper whether the men had any property from the business in their possession when they were stopped. Police said the men had tin snips, a device that could have been used to cut through the sheet metal of the business, when they were arrested.

Authorities have seen an uptick in criminals traveling from Atlanta to commit crimes in the Auburn and Opelika area, the newspaper reports. And they hope that by making arrests, they can cut down on future crime there.

Burglary in the first-degree is governed by Alabama Code Section 13A-7-5 and is considered a Class A felony, which is punishable by between 10 years and life in prison. There is burglary in the second-degree and third degree, which are considered less-serious crimes. They are defined in Alabama Code Section 13A-7-6 and 13A-7-7.

Third-degree burglary, which is the charge the men face, is defined as a person who "knowingly enters or remains unlawfully in a building with intent to commit a crime therein." It is a class C felony in Alabama, punishable by 1 to 10 years in prison and fines of up to $15,000.

In this case, it will be interesting to see what property, if any, police may have found inside the vehicle that can be traced back to the store. An experienced attorney will also challenge the probable cause for the traffic stop.

Police must have probable cause to pull over a vehicle they suspect contains suspects of a crime. Simply seeing the defendants who are in the vehicle or having a vague description of a vehicle that may be involved in a crime may not be sufficient.

And if police don't find any stolen goods inside the vehicle that is stopped, the case can fall apart altogether. It is important in cases where a defendant isn't caught red-handed committing the crime not to make a statement to detectives. They are allowed to lie to suspects and they are trained to coerce confessions out of defendants.

When detectives have little evidence to secure a conviction, but are facing pressure from above to get a confession, they can get desperate. Invoke your right to remain silent and consult with an experienced Birmingham Criminal Defense Attorney.

Additional Resources:

Four Atlanta men arrested in Auburn burglary, by Donathan Prater, Opelika-Auburn News

Birmingham Man Arrested and Charged with Producing Meth

Steven Eversole — Thu, 28 Jul 2011 14:28:56 -0600

A Birmingham man was arrested in Homewood recently after police allege he was caught in a hotel room with components used to make methamphetamine.

Drug charges in Birmingham are complex because they vary based on many factors, including the type of drug, the quantity police find, where they are being sold or purchased, the defendant's criminal history and other factors. Aggressively defending these cases with a Birmingham Criminal Defense Attorney is the only way to protect one's rights and fight the evidence brought by police and prosecutors.

According to the news report, the 28-year-old man faces a charge of unlawful manufacturing of a controlled substance. The article states that Homewood's narcotics unit, tactical team and special operations unit carried out a search warrant on the hotel room.

Inside the hotel room, officials said they found items that are commonly used to manufacture methamphetamine:

Coleman fuel
Ice packs
Liquid drain opener
tubing
lithium batteries
household lye
coffee filters
hydrogen peroxide
wire cutters
empty pseudoephedrine

According to Alabama Code 13A-12-217, a person is guilty of unlawful manufacture of a controlled substance in the second degree if they:

Manufacture a controlled substance enumerated in schedules I to V
Possess precursor substances as determined in Section 20-2-181, in any amount with the intent to unlawfully manufacture a controlled substance

Someone convicted of this crime is guilty of unlawful manufacture of a controlled substance in the second degree, a class B felony. A class B felony can be punishable by two to 20 years in prison.

As with any crime, many aspects of the evidence can be challenged. In cases involving drugs like this one, the actions that police officers take in seeking a search warrant, what lead them to consider the suspect committed a crime and other aspects of their operation should be scrutinized.

What evidence is collected may be excluded from trial, depending on whether officers followed proper protocols. A defendant's statement to police, if a suspect gives a statement, may possibly be excluded, which can be advantageous to the defendant.

Someone being suspected for a drug crime shouldn't provide a statement to police because it can and will be used against them in court. If being investigated, a defendant should immediately consult with an experienced Birmingham Criminal Defense Attorney.

Not giving a statement to police and deciding whether or not to testify at trial could provide an important advantage to defendants by catching the prosecution off-guard. Of course, no defendant is required to testify because the state has the burden to prove the charges beyond a reasonable doubt.

The penalties for drug charges can vary depending on the type of substance alleged to have been manufacture, sold or purchased, the quantity and where it is being sold. Alabama law allows the state to increase penalties for certain types of drugs like cocaine and heroin compared to, for instance, marijuana.

Additional Resources:

Man charged after being caught with meth components at Homewood hotel, by Carol Robinson, The Birmingham News

Alabama Judges Don't Use Guidelines in Sentencing Defendants, Study Shows

Steven Eversole — Tue, 26 Jul 2011 14:10:07 -0600

A recent study conducted by the Alabama Sentencing Commission found that one third of felony convicts were sentenced to more prison time than recommended by the state's voluntary sentencing guidelines.

This is disturbing news, but not all that surprising. The guidelines were introduced in 2006 and were designed to help judges calculate a fair sentence for people convicted of a variety of crimes. Though the state didn't make these mandatory, they encouraged judges to apply them to their cases to avoid disparate sentences for similar crimes in different jurisdictions.

Unfortunately, despite the argument of experienced and aggressive Birmingham Criminal Defense Lawyers, judges sometimes snub the guidelines and use their own judgment in Alabama drug crimes, property crimes and crimes against people. Public perception, media coverage and the judge's opinion can all be outside factors that a good lawyer should attempt to weed out of the proceedings.

The commission analyzed about 7,700 worksheets that judges used in 2009 to determine whether someone should be sent to prison and for how long. Judges use the worksheets, which provide calculations based on many factors. Though judges aren't required to use the calculations, they are bound to at least consider them.

The report shows that judges are still reluctant to use the guidelines, some five years after they were implemented. Only about half the time did judges hand down prison sentences within the guidelines. Only in 2 percent of the cases studied were defendants given sentences below the guidelines. In 17 percent of the cases, judges split sentences into prison and probation, in which one or both parts strayed outside the recommended range.

Judges were more likely to go above guidelines in property and drug cases compared to violent crimes. Property crimes would include thefts and non-violent burglaries. First-time offenders charged with thefts and drug possession usually got short sentences or probation even though the law allows a sentence of up to 10 years in prison for a person convicted of possession of a controlled substance.

Other findings:

38 percent of the time in property crimes cases, judges stayed within the guidelines.
46 percent of the time in drug cases, judges stayed within the guidelines.
72 percent of the time in personal crimes, such as rape, assault and armed robbery, judges stayed within the guidelines.

The study suggests that the state's overcrowded prison system -- which holds twice as many prisoners as it is supposed to -- may be a factor in sentencing. According to the study, 61 percent of defendants deserved prison, while 39 percent didn't need to be incarcerated. Judges followed the out-of-prison suggestion 63 percent of the time and in-prison suggestion 81 percent of the time.

Aggressive defense lawyers are needed to point judges in the right direction when they are considering the sentence of a defendant who has been found guilty. This is as important, oftentimes, as the defense at trial. An experienced lawyer can make good arguments to convince judges to make sound decisions.

"Anonymous" Hacker Group Member Arrested in Alabama in PayPal Breach

Steven Eversole — Wed, 20 Jul 2011 13:19:49 -0600

The Press-Register reports that a person in Alabama was arrested by FBI agents, who conducted a nationwide sting in an investigation into cyber crimes in Alabama and throughout the United States.

The person from Alabama allegedly is a member of Anonymous, a computer hacking group that took responsibility for a 2010 breach of PayPal in protest of the company's decision to not deliver funds to WikiLeaks.

Cyber crimes are becoming more and more common in our state and throughout the country. Because just about every company, bank, government entity and many people are connected to networks of computers, they are all susceptible to hacking. While this type of crime relates to federal laws that prohibit tampering with a company's computer systems, there are state laws in Alabama that relate to other types of cyber crimes.

Identity theft, credit card schemes, bank fraud, Ponzi schemes and other white collar crimes happen every day. And those defendants require an aggressive Birmingham Criminal Defense Lawyer who will stand up for them as the pressure of law enforcement, prosecutors and the state bear down.

PayPal is a service that allows people to send and receive money to pay bills and make purchases. WikiLeaks is a web site that gets information about the government and private businesses and publishes it for all to see.

It famously released military documents, videos and other information to the entire world in recent years. PayPal last fall stopped allowing donations through its web site to WikiLeaks after the web site published classified cables from the U.S. Department of State. WikiLeaks said PayPal's actions "tried to economically strangle WikiLeaks."

In response, the Anonymous group allegedly mounted denial of service attacks against PayPal's. These attacks are attempts to render computers unavailable to users through a variety of means, including saturating the target computers or networks with external communications requests, thereby denying service to legitimate users.

Fourteen people in Alabama and eight other states and the District of Columbia were arrested in connection with the attack. The suspects range in age from 20 to 42.

If you've been able to follow all the computer jargon, you can see how complex these cases can be. Prosecutors must have quite a bit of proof to show that a suspect committed these types of crimes. And proving that can be difficult. Without properly documented proof, the charges may be unprovable.

More common than these types of prosecutions are financially based crimes, such as credit card fraud and other forms of theft in Alabama. Most internet-based fraud crimes are charged in federal court because the alleged crimes cross state lines. And federal authorities not only have more resources and time to dedicate to crimes than local law enforcement, but they also have steep penalties.

If you are being investigated or are charged with a computer-related crime, don't speak with investigators. A statement can be used against you. Consult with an experienced Birmingham Criminal Defense Lawyer first.

More Blog Entries:

Woman Charged in Identity Theft Stemming from 2002 Purse Snatching: June 23, 2011

Former Alabama Cheerleading Coach Charged with Theft, Ethics Violations

Steven Eversole — Sun, 17 Jul 2011 09:36:37 -0600

The Birmingham News recently reported that the former University of Alabama cheerleading coach has been indicted on charges that she stole more than $188,000 in university funds just days after she filed a civil lawsuit against the university for gender discrimination.

Birmingham Theft Defense Lawyers have seen many clients charged with crimes of dishonesty and theft who are innocent. Theft can range from lifting cash out of a purse or wallet to in-depth computer crimes or white collar crimes involving fraud or embezzlement. Theft charges in Alabama can carry steep penalties and the more money a person is accused of stealing, the tougher the penalties typically are.

The saga between the university and its former employee relate to money she allegedly stole in her 22-year role as cheerleading coach at the university. According to the news article, she was indicted by a federal grand jury on one count of theft of property and two counts of ethics violations as a public employee for allegedly using her position and public facilities for personal gain.

The article states the charges relate to cheerleading camps the coach ran at Alabama during summers over the last two decades. She was paid a percentage of the income from the camps.

A letter she received when she was fired in February 2009 stated that "based on the information that we have obtained in an ongoing investigation, we are concerned about your conduct and poor judgement in dealing with University property, funds, authority and other important aspects of your job."

Her civil lawsuit, which names the university and several top administrators, claims violations of the Equal Pay Act and Title IX, the federal law that prohibits gender discrimination in schools. The lawsuit asks for her job back and back and forward pay plus interest.

As mentioned previously, theft is a generic term that can apply to may types of crimes in Alabama. It can be considered a purse snatching or pick-pocketing or it can mean devising a plan to steal funds through computer networks. Theft also can mean burglary or robbery, which can sometimes involve violence or weapons charges.

In this case, it appears the defendant faces federal charges based on her position as a public employee, but she could have faced similar charges in a state trial court. According to the Alabama Code, Chapter 13A-8, theft charges have many definitions, including theft of property, services and goods.

For instance, theft of more than $2,500 in property is considered a Class B felony, which, in Alabama, can carry a prison sentence of 2 to 20 years plus fines and fees of up to $30,000.

There are more severe theft crimes, such as extortion, burglary and robbery and all those can carry more severe penalties. But proving theft can be difficult for law enforcement. Without catching someone in the act, having to analyze bank records, financial transactions and other information can make proving the case tough.

And hiring a diligent Birmingham criminal defense lawyer may be your only shot of avoiding serious prison time if you face these types of charges. Challenging the state's proof and using past court cases and the law to suppress evidence and statements given to police can work to prove a defendant is innocent of the crimes being accused by the state.

Previous Blog Entries:

Three Accused of Billing Kick-Back Scheme Now Facing Alabama Fraud Charges: April 16, 2011

Additional Resources:

Ex-Alabama cheerleading coach Debbie Greenwell charged with theft, ethics violations, by Kevin Scarbinsky, Birmingham News

Casey Anthony Case Shows Why Strong Murder Defense in Birmingham is Critical

Steven Eversole — Fri, 15 Jul 2011 10:52:16 -0600

Many Americans watched as Casey Anthony, the Florida woman accused of killing her own child, was found not guilty of murder and manslaughter recently in Orlando.

And while about two-thirds of Americans believe that Anthony was guilty of killing her two-year-old daughter Caylee, according to a recent Gallup poll, the fact is that her jury found her not guilty of the crimes. The verdict has even caused violence, as a Florida man was arrested after striking a woman after an argument about the verdict, Florida Today reported.

Perhaps more than any other type of crime on the books, murder can evoke strong emotions from not only the families of the defendant and victim, but the public as well. The Anthony case shows just how involved people unrelated to the case can become after news media involvement in a criminal case.

Anthony was charged with killing her daughter in 2008 after failing to report her missing. Her defense team sought to show that the girl died accidentally by drowning in the family swimming pool.

While the state proved at trial that she lied to law enforcement -- four counts punishable as misdemeanors in Florida -- prosecutors couldn't prove she was guilty of first-degree murder or manslaughter, two other charges the state sought to prove. The state was seeking the death penalty, but Anthony will be released after serving jail time.

Anthony's attorneys believed that the pervasive media attention during the death penalty trial was prejudicial to Anthony's case. And while she may have been tried as guilty in the media and in the public's opinion, the only opinion that counts is that of the jury, which found her not guilty.

In Alabama, murder means intentionally taking the life or causing the death through gross recklessness. Murder can also be charged if someone dies while committing certain violent crimes. Manslaughter, however, is a charge that means someone died while another person acted recklessly or in the heat of passion.

Manslaughter can be punished in Alabama by two to 20 years in prison, but murder can be punished by a life sentence or even the death penalty. According to the Alabama Department of Corrections, there are 203 people currently on Death Row.

In Alabama, there are several recognized defenses to murder, such as self-defense, defense of others and provocation. But in any murder case, simply attacking the state's case may be the best defense of the crime.

A competent and diligent Birmingham criminal defense lawyer will extensively study the eye witness statements made to detectives, review police reports for inaccuracies and contradictions and look at alibi defenses and other factors that may disprove the defendant committed the crime. It's also important to file many motions, including motions that seek to limit the amount of evidence, or a statement made by the defendent to police.

In any criminal case, but especially murder cases, statements to police can be detrimental to a defendant. Rarely do statements help a defendant because police are able to lie to defendants in order to get a confession. They can also be used against the defendant at trial and prosecutors can use their evidence to disprove what the defendant told detectives.

These charges are the most serious in our criminal justice system and must be defended with the most aggression compared to any other crime. If you or a loved one faces murder charges, contact an experienced Birmingham criminal defense lawyer immediately.

Previous Blog Entries:

Montgomery Shooting Turns Fatal; Alabama Murder Cases Require Aggressive Defense: June 15, 2011

Additional Resources:

Casey Anthony attorney: 'She did not kill her child', by Scott Stump, Today

Argument over Casey Anthony verdict lands Melbourne Beach man in jail, by Patrick Peterson, Florida Today

New Alabama Immigration Law Talk Heats Up; What You Need to Know if Arrested

Steven Eversole — Tue, 05 Jul 2011 10:09:00 -0600

Alabama lawmakers recently made a law that allows law enforcement to arrest people they have a "reasonable suspicion" of being in the country illegally, opening up a can of worms for potential arrests of people who may look different but who are in the country legally.

But the Montgomery Advertiser reports that while the bill was signed into law, it didn't provide law enforcement any additional money to begin enforcing. The law makes it a crime to knowingly house, give a ride to, rent to or employ an illegal alien. It also gives police the ability to check a person's legal status after a simple traffic stop.

What Birmingham Criminal Defense Lawyers would like to point out is how important it is for people charged with these crimes to immediately speak with an attorney. Culturally, many people from other countries are distrusting of authority figures and this can include attorneys. But it is critical for an immigrant to keep any crime off their criminal history record as laws are always changing and can affect a person's legal status years in the future.

And while this new law punishes illegal immigrants, it also goes after those who aid them. While giving rides to hitchhikers is no longer as common as it once was in America, simply giving a ride to an illegal immigrant -- whether knowing they are or not -- could land someone in jail.

This is a serious new law and must be fought aggressively. No doubt there will be challenges to the law, such as whether it is constitutional or not, but in the mean time, fighting any charges as a result of the law must be made. While many laud it as the toughest immigration law in the country, others have condemned it, such as the Birmingham City Council, according to The Birmingham News.

As for the issue of funding, the law gives local law enforcement up to $50 for fines assessed to undocumented workers arrested for being in the state and up to $250 for legal residents or undocumented workers who give or accept rides to work, the Montgomery Advertiser reports.

The newspaper reports that a federal judge recently blocked several portions of Georgia's immigration law, including one similar to Alabama's that allows officers to check the immigration status of those without proper documentation. And there are concerns that a slow-moving federal government could clog county jails with illegal immigrants who are arrested.

While no doubt controversial, this new law is, indeed, law. So, fighting any charges aggressively is critical. And with an experienced Birmingham criminal defense lawyer, being able to convince a judge that the new law is illegal, or that it should be applied differently could make a difference for not just one client, but everyone charged under this new law.

Choosing the right lawyer is critical, especially when a new law is introduced. It is virgin territory and having a lawyer by your side who will spend hours studying the law, looking at ways to fight for you and protecting your rights is critical.

If you need to speak with a Birmingham criminal defense attorney, contact attorney Steven D. Eversole at 205-981-2450 for a free consultation.

Previous Blog Entries:

Illegal Immigration law Moving Alabama Closer to Arizona: May 13, 2011

Additional Resources:

Law enforcement unsure about funding in enforcing new immigration law, by Brian Lyman, Montgomery Advertiser

Birmingham City Council condemns Alabama's new immigration law, by Joseph D. Bryant, The Birmingham News

Birmingham Church Radio Station Manager Charged With Lewd Conduct Charges in Florida

Steven Eversole — Wed, 29 Jun 2011 15:02:26 -0600

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

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

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

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

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

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

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

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

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

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

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

If you need to speak with a Birmingham sex crimes defense attorney, contact attorney Steven D. Eversole at 205-981-2450 for a free consultation.

Previous Blog Entries:

A Birmingham Sex Crime Conviction Means You May Be in the Newspaper Every Time You Move: June 20, 2011

Additional Resources:

Briarwood Presybterian Church radio station manager faces lewd conduct charges in Florida, by Carol Robinson, The Birmingham News

Teen-On-Teen Shooting in Mobile Requires Aggressive Juvenile Crimes Defense

Steven Eversole — Tue, 28 Jun 2011 18:29:43 -0600

A 19-year-old was charged in connection with the shooting of a 15-year-old recently in Mobile, the Press-Register reports.

Hiring an aggressive Birmingham Criminal Defense Lawyer is important, especially for teenagers who are arrested by law enforcement. Teenagers are impressionable and often make mistakes that lead to arrests. In many cases, their brains aren't fully developed and can't fully comprehend the consequences of their actions. Violent crimes in Alabama, such as shootings, stabbings and cases of homicide require a firm that will do everything within the law to protect your rights.

The 19-year-old faces a charge of first-degree assault and was being held on $7,500 bail. According to police, the teen got out of an SUV and fired at the 15-year-old, who was walking. A bullet struck the 15-year-old in the back. First-degree assault, according to Alabama Code 13A-6-20,is a Class B felony, punishable by 2 to 20 years in prison.

The victim was taken to the University of South Alabama Medical Center with a non-life-threatening injury. The two had an ongoing dispute, police believe.

Violent crimes are on the rise in Alabama, according to statistics from the FBI. In 2009, there were 13,093 reports of aggravated assault, up from 11,790 in 2008. That's an 11 percent increase. Violent crimes were up slightly from 2008 to 2009.

Juvenile crimes in Birmingham are especially important to defend because juveniles deserve a second chance. And not only that, but picking up a criminal history as a teen can impact their ability to finish high school, get into college, qualify for scholarships and get into the military. Being shut out of those areas can severely impact their future.

And in many cases involving teens, they can be charged as juveniles rather than as adults. That makes a big difference. Being sent through Alabama's juvenile justice system as opposed to the adult criminal justice system can make the difference between a work camp and a prison camp. The penalties are much more severe and being sent to prison can have long-last effects on a teenager.

And sometimes the teen's mental capacity can be challenged. What this means is that the development of a teenager's brain, especially that of an adolescent male, isn't complete. Often, they don't fully understand the consequences of their actions, the possible penalties and other factors.

It is important that if a juvenile is arrested and charged with a crime, they should not speak with police. It is possible that in cases of shootings, no one gets a clear view of the suspect because everyone is running away and ducking to protect themselves. So, sometimes victims don't have a clear idea of who the perpetrator really is. That's why it's crucial not to speak with police before consulting with an attorney.

Police must gather evidence before slapping the handcuffs on someone and charging them with a serious crime. Don't help them and put your liberty at stake by confessing to anything. Contact a Birmingham Criminal Defense Lawyer first and allow us to advise you on the best course of action. That's why we're here.

If you need to speak with a Birmingham identity theft defense attorney, contact attorney Steven D. Eversole at 205-981-2450 for a free consultation.

Additional Resources:

Mobile police arrest man in shooting of 15-year-old, by Rhoda A. Pickett, Press-Register

Previous Blog Entries:

Montgomery Shooting Turns Fatal; Alabama Murder Cases Require Aggressive Defense: June 15, 2011

Woman Charged in Identity Theft Stemming from 2002 Purse Snatching

Steven Eversole — Thu, 23 Jun 2011 17:58:43 -0600

A woman authorities say is in the country illegally has been indicted in Birmingham on charges that she stole the identity of a woman whose purse was stolen from a Wal-Mart in 2002 in Florence, the Times Daily reports.

Birmingham Criminal Defense Lawyers have spent years preparing the defense cases of clients charged with all kinds of crimes. And as crimes such as identity theft become more technologically advanced, the government continues to use the many tools at its disposal to fight these crimes and bring prosecutions. That's why aggressively fighting Birmingham white collar crimes is crucial to making sure prosecutors are held accountable for the charges they bring.

According to news reports, a Russellville woman's identity was stolen after her purse was snatched at the Wal-Mart store in Florence in 2002. In 2005, authorities told her someone was using her identity and prosecutors allege it was the woman a federal grand jury recently indicted.

They say she was living in other places in the area and moved to Illinois and other states. FBI agents wouldn't say why they believe this woman stole the woman's identity. She faces two years on each of the two counts of aggravated identity theft and a fine of $250,000 on each count. The woman is also charged with giving false information to federal authorities, which is punishable by up to five years in federal prison.

As the Internet has become a major part of our lives and as it has become more accessible than ever, it has become an avenue for people to commit crime. But not everyone charged with Internet-based crimes is guilty. In fact, an arrest or an indictment is merely a charge and shows no proof of guilt. Before making any decisions, call our law firm.

Federal authorities in particular have a vast array of resources at their disposal to try to secure prosecutions. And federal charges are typically more severe than those brought in state court.

But authorities are often incorrect or don't have enough proof to secure convictions for people charged with these high-tech and often complex cases. Because the Internet is prone to hackers and people posing as others, it is sometimes possible that the person charged had nothing to do with the crime. Sometimes people can gain access to their computers and commit crimes with software when the user has no idea it is even happening. It's scary, but it happens.

So, defending against these charges is vital. And that's why you need to consult with Birmingham Criminal Defense Lawyers as soon as you find out you are being investigated or as soon as you are arrested. We will consult with you, study your case, prepare a defense and be ready if charges are filed.

If you need to speak with a Birmingham identity theft defense attorney, contact attorney Steven D. Eversole at 205-981-2450 for a free consultation.

Additional Resources:

Woman charged with ID theft, By Tom Smith, Times Daily

A Birmingham Sex Crime Conviction Means You May Be in the Newspaper Every Time You Move

Steven Eversole — Mon, 20 Jun 2011 09:50:54 -0600

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

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

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

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

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

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

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

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

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

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

If you need to speak with a Birmingham sex offender attorney, contact attorney Steven D. Eversole at 205-981-2450 for a free consultation.