Friday, October 26, 2012

It is illegal for law enforcement to release juvenile records

It seems like it would be common sense that you cannot release juvenile records. It's also against the law in the state of Alabama Furthermore, the Code of Alabama 12-15-134 (f) - states that
Except as provided in this section, whoever directly or indirectly discloses or makes use of or knowingly permits the use of information described in this section that identifies a child, or the family of a child, who is or was under the jurisdiction of the juvenile court, upon conviction thereof, shall be guilty of a Class A misdemeanor under the jurisdiction of the juvenile Court.
However, that hasn't stopped law enforcement from releasing juvenile records to newspapers, school boards, publishers of mug shot magazines, etc. Juvenile records are sealed as a matter of policy and should remain so from the public. There are rare instances where juvenile records can be examined but those are generally only with permission of the court. Law enforcement cannot simply release juvenile records to whomever the choose. If this has happened to you or your child you may have a case against law enforcement for invasion of privacy as well as other possible intentional torts.

Thursday, October 11, 2012

Recent case result : not guilty on public intoxication

Recently we represented a client charged with public intoxication. The officer could not articulate why he believed that the defendant was intoxicated and how he could cause harm to himself or others which is required in these cases. The officer never gave the defendant a breathalyzer or administered any sobriety tests. Furthermore a witness testified that the defendant had not been drinking. After a brief trial the judge ruled not guilty.