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The Law Offices is dedicated to defending you and protecting your rights under the Constitution of the United States of America, and they will do whatever it takes to ensure that you get a proper defense and your rights are always protected. If you or someone you care about has been accused, charged, arrested, or convicted of a criminal or drunk driving offense in the state of Alabama, please contact The Law Offices immediately for a free no-obligation consultation.
Criminal Defense Lawyers
The criminal defense lawyers at The Law Offices represent people throughout the state of Alabama, and frequently either litigate cases in criminal trials or negotiate reduced charges with district attorneys in Jefferson County, Shelby County, or Madison County. The Law Offices will defend you regardless of the charges. The criminal defense attorneys at The Law Offices handle all types of criminal charges including:
-Rape & sexual assault
-Homicide – intentional and unintentional
Drunk Driving Defense Lawyers
The attorneys at The Law Offices also represent people who have been accused, arrested and charged with a drunk driving or any operating under the influence offense within the state of Alabama. They routinely handle first offense DUI charges through seventh offense and subsequent charges.
If you have been charged with a DUI in Alabama, please contact The Law Offices immediately for a free, no-obligation initial consultation. You will be glad you did.
Criminal & DUI Defense Law Firm
Protectors of the law is conveniently located in downtown Birmingham, Alabama.
Alabama Criminal & DUI Defense Lawyers
Protectors of the law represents people throughout the state of Alabama, and regularly defends people living in the Vestavia Hills, Trussville, Mountain Brook, Hoover, Irondale, Homewood, Gardendale, Fultondale, Hueytown, Moody, Leeds, Pelham, Tuscaloosa, Huntsville, Montgomery, and Mobile areas. Protectors of the law also defends people who have been charged with a federal crime.
The Law Offices stands firm on the Bill of Rights under the United States Constitution and to protecting that Bill of Rights for every single client they represent. Those criminal defense lawyers do not believe that you are entitled to a defense only if you can afford one, nor that you should roll over under the strong arm of the United States government or the Alabama state government because you fear them or their millions of dollars of lab equipment, test procedures or expert witness funds. That is not what the Constitution intended, and that is not what The Law Offices approves.
Rather, The Law Offices believes that: you are innocent unless you are proven otherwise; you have a right to make your accusers face you; you have a right to question your accusers; you have a right to challenge evidence; and you have a right to prevent illegal evidence from being used against you. The Law Offices does not stand down to the system. Rather, they challenge its every opinion not because they seek to rebel against a huge system with its endless resources, but because they know these truths to be self evident:
-All judges, prosecuting attorneys, bailiffs, prison guards, and police received their paychecks from the same employer: the government.
-Every person within the judiciary system has the same goals: to find, arrest, charge and convict a person for every crime committed.
-Society often forgets that you are innocent until proven guilty and presumes a person guilty rather than innocent at the beginning a trial.
The Law Offices is vigilant in their pursuit to protect your liberty. They will represent you vigorously, without hesitation, and without fear. They don’t play with the good old boys, and they don’t run with the boys in blue. They defend people – just like you – who have been quickly accused of criminal wrongdoing by a massive empire waiting to add you to the list of convictions.
Don’t let that happen. Don’t try to plea bargain with a person who only cares about meeting his quota of confessions or his next political chair. Don’t think for one moment that any district attorney is negotiating with you in your best interest. They are not.
But we will – every minute, every day, all the way through your initial hearing and criminal trial. We will be there to aggressively defend you.
Call us today for a free initial consultation. Attorney Bio
Our Practice Areas
The Law Offices is conveniently located in downtown Birmingham, Alabama. The criminal defense attorneys at The Law Offices are devoted to protecting the rights of people facing criminal and non-criminal charges in the state of Alabama. They handle any type of criminal or DUI case such as those listed below.
Drug Offenses – The drug defense attorneys at The Law Offices defend people who have been charged with a drug related crime by federal or state agencies. Those attorneys frequently try cases in both the Madison County and Jefferson County drug courts. They also counsel people who have been sentenced into drug diversion programs. Alabama police often try to charge people with the following types of crimes:
Drunk Driving & Operating Under Influence Charges – Alabama law is tough on alcohol or other drug related driving offenses. From proactive “taking back the highways” campaigns run under a joint effort between the govenor and the Alabama Department of Public Safety to sentences including fines beginning at $1,000.00, Alabama seeks to use the law to increase state revenues. Remember – neither a refusal or an arrest are a conviction, but you must defend your rights to have any hope of preventing the problems and issues that can follow a DUI arrest. The Law Offices defends people against any type of DUI charge.
Rape & Sexual Assault – The Law Offices will defend you and protect your rights if you have been accused of committing a sex crime. Those criminal defense attorneys handle every type of sex crime including:
-Rape, a first degree sexual assault offense and Class A Felony
-Second Degree Rape, a Class B Misdemeanor
-Sexual Assault of a minor
-Lewd & lascivious behavior
Domestic Violence & Domestic or Child Abuse – The Law Offices defends people who have been accused of domestic violence (first, second or third degree).
Theft Crimes – The Law Offices will defend you against any type of theft crime including those listed below.
-Theft by Fraud (often called Embezzlement)
Homicide & Murder – The Law Offices will defend you and protect your rights if you have been accused of a homicide crime in the state of Alabama including murder and manslaughter. Alabama law provides penalties ranging from life imprisonment (99 years or more) to death (by lethal injection or electrocution) by jury vote or judge order.
Alabama laws prohibit manufacturing, possessing, distributing or selling any illegal drug or legal drug through an illegal means, as well as conspiring. Sentences to prison imposed on people convicted of a drug offense can be as long, if not longer, than those imposed on people convicted of murder even if the drug offense was non-violent. The penalties are very harsh, and the courts are tough on drugs. You need an experienced criminal defense attorney shielding you from the quick-to-convict prosecution.
Federal or State Prosecution
Under U. S. Federal law and Alabama state law, a person can be charged by either or both governments for the same crime, prosecuted by either or both a federal prosecuting attorney and a state prosecuting attorney, and if convicted, sentenced to either or both federal and state prison. Alabama drug laws somewhat mirror federal drug laws, but penalties differ for some crimes. Both federal and state law charge drug offenses as at least a misdemeanor and repeat offenses as a felony.
Criminal Defense Attorney For Drug Offenses
The Law Offices will represent you against any drug related charge including those listed next. The most frequently charged drug crime in the state of Alabama is possession, which has been explained in more detail below.
-Manufacturing – Manufacture or Delivery
Possession of a controlled substance means that the person physical held the drugs or had control over the drugs (called constructive possession). In either case, possession is a graduated crime – the penalties increase with the quantity possessed, and a relative crime – the penalties for a less dangerous drug such as marijuana are less than the penalties for a more dangerous drug such as cocaine. For example, possession of marijuana in quantities up to two pounds is a misdemeanor, and beyond two pounds is a felony. A first offense for possession of marijuana is a misdemeanor, but a third can get you life imprisonment.
It is also illegal to possess a legal drug by illegal means such as a prescription drug acquired by means of a fraudulent prescription or a prescription drug prescribed for another person and distributed to a person for whom the prescription was not written.
Penalties for drug convictions are very harsh. A person convicted of a drug offense in the state of Alabama faces imprisonment terms equal to those for a murder conviction. Habitual offenders will be sentenced to prison for longer periods of time.
Fortunately, a criminal defense attorney can help you avoid very bad results by either negotiating with the district attorney before or after charges are brought, challenging evidence, and a host of other legal strategies to avoid convictions. It is usually in a person’s best interest to challenge all of the evidence, particularly that acquired through the process of search and seizure, to avoid being charged or to have charges dismissed. If a search was illegal, then it is possible for all of the evidence gathered from that search to have been acquired illegally. If the evidence cannot be used, then it is highly likely that the charges will be dropped.
If conviction is inevitable, then damage control is needed. Your criminal defense attorney can help you obtain the most favorable outcomes, such as drug diversion programs, lighter sentences, and lower fines whenever possible.
Free Initial Consultation
For a free initial consultation to better understand what you can do to defend yourself, please contact the Protectors of the law.
Drunk driving charges include any charges brought against a person who is alleged to be driving a motorized vehicle while under the influence. The legal drinking age in Alabama is 21 years. In most instances, a person may drive with a blood alcohol content level (BAC) in excess of .08. A person can be charged with a DUI – driving under the influence – whether they are inebriated from alcohol or under the influence of a legal or illegal drug.
Alabama Drunk Driving Laws
Under Alabama law, the legal blood alcohol content level at which people are alleged to be driving under the influence is .08; at that level, the law considers a person’s ability to drive to be impaired. A first offense is a misdemeanor, and a 4th or 5th offense is a felony. Use of a vehicle while under the influence resulting in a death is a felony.
Refusals – Refusing To Surrender To A Blood Alcohol Test
Alabama law provides that a person who is given a driver’s license automatically consents to being tested for drunk driving if they are stopped by police. If a person refuses to surrender to a test, their driver’s license will be automatically suspended. As well, if they consent to the test and the test reveals a BAC above the limit, their driver’s license will also be suspended.
Even so, if you refuse a blood alcohol test, then the state lacks evidence, which can be advantageous for your defense. For example, an attorney recently handled a DUI charge for his truck-driving client who had a CDL (those allow for even lower BAC levels - .04 instead of .08). His client was an elderly man who could not blow hard enough to set off the machine. Consequently, police charged him with a DUI, and the attorney had the charges dismissed.
Like drug offenses, drunk driving offenses have graduated penalties that begin at minimum fines of $1,000.00 and go upwards as the number of DUI offenses increase. While jail is not mandatory, a person can be sentenced to a minimum of one year or more. A person who is convicted of a DUI will lose his or her driver’s license for a period of 90 days. Additionally, a DUI can result in a loss of reputation, security clearances at work, or even a person’s job.
Recent Changes To DUI Laws
Recently, Alabama law governing if DUI convictions can be counted as prior offenses has changed. Currently, any previous conviction must have been within the last 5 years to be counted as a prior conviction.
Judges are tough on alcohol related offenses, particularly drunk driving. Penalties are already harsh, but changes in society’s views of drunk driving are causing penalties to become even harsher. No website can give you legal advice. If you have been charged with a DUI, consult with a DUI attorney immediately to save your license, your job, security clearances and more.
Defenses To DUI Charges
The best defense is a good offense, which means that you need to involve your attorney early in the case. In some cases, an attorney has been able to prove the test (both blood tests at the hospital and breath tests in the field) invalid, even in subsequent third or fourth offenses. Getting the test invalidated is perhaps the best legal strategy, but it often requires the knowledge of the testing procedures and machinery, as well as the law and legal procedures of the court. For those types of strategies, unless you are an expert in the field, you will need a good DUI defense attorney; even if you are an expert, it may help to know that attorneys don’t represent themselves in DUI cases – they hire experienced DUI defense lawyers.
Free Initial Consultation
If you, your son or daughter or someone that you care about has been arrested for driving under the influence, please contact The Law Offices for a free initial consultation.
Rape – Sexual Assault
Under Alabama laws, the nature and degree of sexual contact determines the charges and penalties available if a conviction is achieved by the prosecuting attorney.
Alabama law provides several laws prohibiting sex crimes. The Law Offices will defend you regardless of the charges being brought against you by the state of Alabama. The most frequent charges handled by Protectors of the law are listed below.
-First degree rape (Class A Felony)
-Second degree rape (Class B Felony)
-Sodomy, First degree is a Class A Felony; second degree is a Class B Felony
-Sexual misconduct (Class A Misdemeanor)
-Lewd & lascivious behavior
First degree rape is a Class A Felony punishable by life imprisonment. Murder is also a Class A Felony. First degree rape usually includes sexual intercourse with another person without consent and with the use of force, or sexual intercourse with a person who is incapable of granting consent.
If force is used to commit the rape, the prosecuting attorney will likely ask for a first degree rape charge.
If the person who was raped lacks the mental ability to give consent, the prosecuting attorney will likely seek a first degree rape conviction. Mental incapacity can exist if the person is unconscious such as if they are inebriated or drugged. All minors lack the capacity to give consent. Mental incapacity can also exist if a person has diminished capacity such as a person who is inflicted with Alzheimer’s.
Ages of Rapist & Victim
The differences in the ages of the alleged attacker and the victim matter, too. A 16 year old person who has sex with a 12 year old person can be charged with first degree rape. Any person who has sexual intercourse with another who is 2 years younger than the perpetrator of the assault can be charged with first degree rape.
Under Alabama law, a person who knowingly possesses a piece of child pornography can be charged with a pornography crime. The law extends the definition of the crime of possession of child pornography to include those who should have known that the photograph was of a minor child. Each piece of child pornography is an individual charge.
Lewd & Lascivious Behavior
Under Alabama law, lewd & lascivious behavior is similar to disorderly conduct in that it is a vaguely defined crime. If a person exposes him or herself inappropriately, or does some indecent act for sexual gratification while knowingly being in the presence of another person, exposes him or herself in public, they can be charged with a lewd & lascivious offense.
Free Initial Consultation
The Law Offices has helped many people avoid the harsh penalties of a sex crime conviction. For a free initial consultation to discuss your case and how the law applies to you, please contact Protectors of the law.
Under Alabama laws, murder is defined as any act that causes the death of another person. If the death is caused as a result of sudden provocation (often called heat of passion crimes), in self defense or defense of another person, or by reckless behavior, the charges can be mitigated from murder to manslaughter.
Murder is a Class A Felony subject to life imprisonment or death. Alabama law recognizes the death penalty, which is recommended by the jury, but which can be overruled by the judge. Death sentences in Alabama are usually carried out by electrocution, but some are by lethal injection.
The most common defense to a murder charge is an innocent plea, thus requiring the state prosecuting attorney (or attorneys as is sometimes the case) to prove all of the elements of the crime: that the alleged defendant intended to kill, acted in a manner that would almost assuredly cause death, and had the ability to bring about a death.
Provocation is a defense that people talk about often and sometimes refer to the defense as a “heat of passion” crime. Provocation is an affirmative defense that admits to the act of the crime but asserts that the crime was committed under mitigating circumstances – i.e. sudden provocation. In essence, affirmative defenses state that the crime was committed (a death resulted) because of some act (called the actus reus), but because of the alleged defendant’s intent or mental state, the defendant should be held criminal liable for a lessor crime. If a murder charge is successfully mitigated to a lessor provocation crime, the charges will be reduced to manslaughter.
Self defense is another affirmative defense, but it differs in defense strategies and results. If self defense is raise by the defense, it must be proven not to exist beyond a reasonable doubt by the prosecuting attorney. In certain situations, the defense will turn on small pieces of evidence, such as whether the act was in retaliation, if reasonable force was used, and if the defendant could or should have retreated. In those situations, the burden of proof shifts from the prosecution to the defense. To overcome the complex strategies used in any murder trial, a person is wise to hire a very experienced Criminal Defense Attorney.
Defense of another parallels a self defense plea. A person has a right to defend another person in the same fashion as if he or she were defending him or herself from an attack of deadly force. As well, the considerations taken into account for a self defense plea are also considered in a defense of another plea including reasonable force and ability to retreat from the crime scene.
In either situation – self defense or defense of another person – a successful defense will relieve the alleged defendant of any criminal liability, thus charges will be dismissed, and the defendant will set free.
Criminal Defense Lawyers
A criminal lawyer will protect your rights and defend you regardless of the charges. Even if you believe that your act was one of self defense or defense of another person, and that you have little to fear in a criminal trial or plea negotiations related to the charges, the fact is that juries and judges find innocent people guilty of crimes every day in the Alabama courts. And even though the Constitution provides that you are innocent until proven guilty, the reality is that you must defend your innocence. It may also be wise to remember that prosecuting attorney – who can enter into plea bargain agreements – can withdraw any agreement up and until the time that the agreement is accepted by the court and the court enters its orders. As well, no court is required to accept a plea negotiation.
Free Initial Consultation
If you are facing very serious criminal charges for murder or manslaughter, even if you have a plea bargain on the table that looks as though it is acceptable, please call for a free initial consultation to discuss any plea arrangements or criminal charges.
Theft is the taking and carrying away of the property of another without permission. Property includes physical objects, services, trademarks, and secrets. Theft crimes are determined by the type of property, who had possession of the property before it was taken (or converted) and if permission was given. For example, a theft of property that occurs in the presence of the property owner by the use or threat of force is a robbery.
The Law Offices represents people in any type of theft or theft related case including the types of crimes listed below.
-Theft – taking and carrying away property of another without permission, keeping property beyond the period of time for which the property owner gave the defendant permission to hold the property (such as when a person overstays his or her rental period of a motel room or keeps a rental car beyond the period of rental).
-Robbery is a theft of property by use or threat of force. It does not matter whether force was used; the mere threat of force is sufficient to charge the crime of robbery. The force used or threatened need not be by use of a deadly weapon (a handgun or assault rifle for example), but can be simply bodily force.
-Burglary is the breaking and entering into the premise of another (business or residence) with the intent to commit a felony once entry has been gained. A burglar need not be armed, but by being armed, he may be charged with additional crimes such as felon in possession of an gun or possession of burglarious tools, which is a separate crime from burglary.
-Embezzlement is the conversion of property entrusted to the alleged defendant by its owner. Embezzlement crimes usually involve employer-employee relationships and money, but they may include other property. Embezzlement is often charged as theft by fraud.
-Fraud is the means by which a theft crime is committed. Theft by fraud means that the alleged defendant took or converted property through fraudulent means such as deception. Prescritption fraud means that the alleged defendant acquired a prescritption drug by fraudulent representation of a prescription to a pharmacy.
-Shoplifting is the taking and carrying away of property of another without payment.
-Children who are charged with crimes are called juvenile offenders. Their cases are handled in juvenile courts unless the crime committed is of a very violent nature, in which case a juvenile may be moved into adult court.
As with most crimes defined by Alabama law, theft crimes are determined by the type of property and its value. Generally speaking, theft crimes range in punishment from probation or community service to fines or imprisonment or both. For example, theft of property valued at $2,500 or more is a felony regardless of whether the property was taken from a private home or a grocery store.
Free Initial Consultation
Protectors of the law provides a free initial consultation to people who have been accused, arrested or charged by a federal or state agency for a theft related crime. If you or someone you care about needs legal advice, please call The Law Offices to speak with an attorney today.
Appeals – Federal & Alabama Court of Appeals
If you were previously convicted of a crime in the state of Alabama – whether by a federal or a state government – you have a right to appeal the conviction or the sentence or both.
The Law Offices aggressively represents people who have been falsely charged and convicted of a crime or drunk driving offense in the state of Alabama. Those Criminal Defense Attorneys handle post conviction appeals of prior sentences for people who believe that they were sentenced harshly. And they represent every person’s right to appeal a conviction.
Under Alabama law, you have a right to appeal any prior conviction or sentence. In order to preserve your rights, you must file a notification with the Court of Appeals stating that you desire to appeal your case. Time limitations apply to all state appeals, just as they do to federal appeals.
You have a right to appeal a federal conviction or sentence to the United States Court of Appeals. If you were previously convicted of a federal crime, and believe your conviction or sentence were wrong, please contact The Law Offices to discuss your appeal. Remember – the federal government imposes strict time limits on appeals.
Copyrighted December 14, 2007. Copyright 2007, 2008. All rights reserved. This material may not be used in any manner whatsoever without the express written permission of Sigma One Group. Any use constitutes a violation of federal copyright law.