2013 Case Results

Recent Case Results --- 2013 Settlement : Excessive Force case ---mediation --settled claims against a University and Police Department Not Guilty : Assault 3rd ---- Client found not guilty in an assault case. Officer never interviewed the alleged victim. *These are just examples of results. We cannot guarantee any results in any case.

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.

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.

Two year statute of limitations on cases

One of the first question I ask prospective clients when they call about civil matters is when did the incident happen. While we need to learn what is alleged to have happened there may be nothing that we can do to help if the statute of limitations has run. In order to preserve your case it is always best to discuss the matter with an attorney right after the incident happens. There are a number of other reasons to take action immediately. For example, if you have been injured in a car wreck as a result of another driver acting negligently it is important that pictures are taken of the damage and recollections of the event are recorded. If the case involves a local or state government there are more specific rules regarding preserving your claim. A notice of claim must first be filed within 6 months to a year of the incident. Don't wait until it's too late to take action.

Municipal Courts Creating Debtors Prisons

Debtor's prisons have been illegal for years right? Well, not exactly if you look at some of the practices in municipal courts. The town of Harpersville, Alabama has been criticized for some very unsavory practices that lead to a number of folks incarcerated simply because they could not pay a debt. Fortunately, Shelby County Circuit Court Judge Hub Harrington, stepped in and halted those practices with a recent court order.

The judge found evidence that the city would turn over to the private probation company, Judicial Corrections Services, cases in which Municipal Court defendants could not immediately pay the court-imposed fine and costs. Many defendants later were locked up, some on bogus failure-to-appear complaints, resulting in more charges that led to more fines, court costs -- and more debt, the judge wrote.

Unfortunately, this is probably just the tip of the iceberg as there are several other towns and cities in the State of Alabama that are said to have similar practices. The good news is that the Harpersville situation will likely encourage others who have been in this predicament to speak up and expose those practices.

Excessive Force Cases

We get a number of calls about potential excessive force cases. However, we only are able to take on a handful of these cases each year for a number of reasons. A couple of observations we would like to share and some factors that we consider when we evaluate a case: 1. In Alabama it is very tough to pierce the veil of immunity that the State and the Counties are afforded. While the standards of immunity for municipal governments is lower it still can be difficult. 2. We generally only file excessive force cases in Federal Court.Generally, Federal Court cases are more expensive. 3. Law enforcement officials often fail to follow procedure in using force but unless there are quantified physical damages it makes it a very difficult case for us to handle and receive any sort of settlement for our clients. 4. It is very hard to have a successful case without witnesses to the action. If someone witnesses an action it is recommended that you obtain all their contact information immediately. 5. These cases take months to investigate before we can make a decision as to if a lawsuit is warranted.

Rodney King passed away this weekend. His death has given us time to pause and reflect on how the incident of his beating which was videotaped has affected our society. The LAPD got a black eye from their handling of the Rodney King videotaped beating. This is perhaps the first great example of something caught by a citizen journalist going viral through the media outlets. Now it's not uncommon for something that is caught to explode via You Tube. But twenty years ago, we weren't that sophisticated. My recollection of the beating was dismay and sadness. I thought, "How could the police beat somebody up like that?". Now, I realize that it was far too common back then and far too common even now. Perhaps now the incidents have a greater chance of getting seen by someone with an camera phone. How many people were stopped and beaten over the years where all evidence disappeared? The King incident triggered the L.A. riots as the officers who attacked him were acquitted. So sadness turned to misplaced anger and then I believe a few years later were the catalyst for O.J. Simpson to be found not guilty by a California jury. Rodney King could have been anyone, black white or hispanic. That's what made his story so powerful. As he died at a young age yesterday we see a man who never recovered from these events. He faced a number of criminal charges over the next couple of decades and could not kick his addictions. Hopefully, as we reflect over the next few days we will ponder if these events in the 1990's had any long term effect on race relations today.

Some of our recent activity - New Federal Lawsuit filed

We were extremely busy in the fall quarter of 2011 and that spilled over into early 2012.

Last month, we filed a Federal lawsuit on behalf of a Montevallo Pastor who had warrants for his arrest and was listed on Shelby County's Most Wanted list because he was falsely accused of selling drugs. These warrants were based on bad information which was never corroborated. We generally believe it is not a wise idea to comment about pending litigation, but you can read about the lawsuit in various news reports around the state and several blogs have covered this story.

Our criminal defense practice has been extremely active as well as we have taken on a number of new clients charged with serious offenses. Regardless of whether someone feels an offense is "serious", it is always a wise idea to consult with an attorney. Many factors determine the potential penalties and fines. Although a Defendant may not end up with any jail time in a case they could be fined several thousand dollars for traffic offenses which puts an enormous strain on household finances. Simply discussing this situation with an attorney can help alleviate those worries.

We will check back in soon. Feel free to contact us with any general questions or more specific.

Recent Case Success - Felony Reduced to a Misdemeanor

We had a trial set for this Monday. However, we were able to get the case resolved as the charge was reduced from an identity theft to an attempted identity theft and a felony was avoided.

Reducing many theft charges to attempted thefts can save someone from getting a felony on their record. When you plea to a felony charge or are convicted of a felony you are potentially giving up many rights and putting a blemish on your record that cannot generally be undone.

Mental Illness and the Police

As both a criminal defense attorney and a civil rights attorney, I interact with a number of clients who have been diagnosed with serious mental illness. I also believe that I have represented many more clients over the years who have an undiagnosed mental illness.

Mental health issues are very important in my area of practice.

Just this morning I read about an officer in Washington State who was convicted of beating a man to death diagnosed with schizophrenia.

This is just one example of the police and mistreatment of those that are extremely vulnerable. Certainly better training would help but as we know many of our police departments are facing cutbacks of resources.

I firmly believe that one area that we should not skimp is in the area of mental health services. However, as we know many of our government officials ignore the strain that lack of resources in mental health have on our criminal justice system. Therefore, we continue to do the best we can in representing our folks and unfortunately get prepared to see more examples of mistreatment like that of Mr. Zehm in Washington.

Birmingham Man Wrongfully Convicted of Child Rape Freed -

Great read in this morning's Birmingham News

So much running through my head after this story. A couple of the "highlights"

1. Proof why we need good, ethical judges and prosecutors that will do the right thing when it has been discovered that egregious wrongs have been committed.

2. Unfortunately, it is quite possible that other wrongfully convicted folks are out there that went before the former Judge in this case.

3. Does Mr. Williams have any chance of success on the possible causes of action that exist in this case against any of the responsible parties?

Let us know your thoughts -

Deliberate Indifference to Inmate's Serious Medical Needs

We are involved in litigation in several incidents where our clients died or were seriously injured as a result of jails "deliberate indifference to the inmate's serious medical needs".

This issue is becoming more and more prevalent throughout the State of Alabama as budget constraint affect every town, municipality and County.

Inmates are being denied the most basic medical care as well as being subjected to serious overcrowding which only exacerbates the issues at hand. We have also seen a number of instances where clients have been denied or withheld from their anti-psychotic medications. This can cause problems for not only the inmates but pose a significant threat to jail staff and other inmates.

A judge often considers the medical conditions in determining whether or not to lower bond so keep that in mind if you have a loved one or family member in jail that are pre-trial detainees. If they have already been sentenced and they face these issues they often just need someone to bring these issues to the attention of jail or prison personnel.

Changes to Alabama DUI Laws

Alabama Governor Robert Bentley signed a law which enhances the penalties for aggravated DUI offenses .

Aggravated DUI charges result from driving with a blood alcohol level of .15 or higher. The old law provided punishment for driving with a blood alcohol level of .08 or higher.

The actual text of the bill as follows

Enrolled, An Act, Relating to Alabama's DUI law; to amend Section 32–5A–191 of the Code of Alabama 1975; to provide for a mandatory sentence of at least double the minimum punishment for a person convicted of DUI who has 0.15 percent or more by weight of alcohol in his or her blood while operating or being in control of a motor vehicle, as well as a one-year minimum sentence for a misdemeanor offense and a minimum one-year revocation of the person's driving privileges; to provide that if a person over 21 has a child under 14 in the vehicle during the offense, the person must be sentenced to at least double the otherwise applicable minimum punishment; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.

The act becomes effective on the first day of the third month following passage and approval by the Governor, or its otherwise becoming law. It was approved on June 9, 2011.

While the intentions of this law may be to reduce the number of DUI's and fatalities and injuries as a result, it could create some problems for law enforcement and the court system in terms of challenges. We certainly advocate any efforts to keep drunk drivers off the road, but as defense attorneys we want to make sure all laws are fair and constitutionally sound.

How Budget Cuts Affect the Criminal Justice System

Local governments across the country are still feeling the effects of a weak economy. Cuts are being made to a number of services. This is extremely evident here in Jefferson County where it was announced that $1 million in funding would not be available for the Treatment Alternatives for Safer Communities programs. Cutting TASC monies will only lead to overcrowding of the jails which are already over-capacity.

So while some believe these cuts are necessary, those that deal with the courts and the jails on a daily basis argue that these are misguided uniformed slashes. In the end, what may have been intended to be cost-saving measures can actually cost governments more money.

Interesting times in which we live.

Mental Health Issues in Criminal Law

Very often I encounter clients that have mental health issues. These issues often have contributed to the charge for which they are facing.

It is best that those issues whether current or in the past are disclosed to the attorney at the initial client/ attorney interview. As all conversations, this information is covered by the attorney-client privilege. In many jurisdictions a separate mental health court has been established which will help with diagnosis and providing resources that other courts may not be set up to properly handle.

I've had a number of clients successfully complete mental health court and receive treatment that has help them make adjustments. . Here is a link to the overview of mental health court in Jefferson County. Be aware that some of the procedures may have changed since this site was updated.

Updates

Been extremely busy over the past few months.

Working on a number of new cases involving alleged serious police misconduct.

Also busy with DUI cases/ Driver's license appeals and other criminal cases.

We've had success in helping a client avoid a life sentence after the state could not prove previous felony convictions. The state must provide certified copies of convictions in order to proceed under the habitual felony act.

If a Defendant has multiple prior felonies it's still wise to ask for all certified copies especially if those convictions are from out of state jurisdictions.

Never assume that the convictions are certified unless they show them to your attorney.

What are the Consequences if Your CDL is revoked?

A lot. Commercial Driver Licenses are held to much stricter standards than the standard driver's license.

If you hold a Commercial License and are charged with DUI in a private vehicle, your privilege to operate a commercial vehicle will be suspended for one year. In the State of Alabama there are no special exceptions for suspensions.

Think about the consequences of not being able to drive for a year. Loss of income and certainly family problems.

You must act especially quickly if you have been charged with a DUI and you hold a CDL.

New Study: Texting Bans May Cause More Accidents

An interesting twist as a new study by the Insurance Institute for Highway Safety shows that texting bans could be causing more accidents.

The report is from the IIHS's Highway Loss Data Institute; both groups are funded by automobile insurers and the report is being presented at the Governors' Highway Safety Association, meeting this week in Kansas City, Mo. It suggests some drivers lower their phones into their laps to text out of sight of police officers. Problem is, they also lower their eyes away from the road. IIHS President Adrian Lund says state lawmakers are 'focusing on a single manifestation of distracted driving and banning it. This ignores the endless sources of distraction and relies on banning one source or another to solve the whole problem'.

I agree with the idea that legislators are honing in on one type of distracted driving. Texting is only one of the many ways that drivers can be distracted while driving.

What do you think?

Automobile Accident Cases - What to Expect

You or someone you know may have been recently injured in an auto accident. You see the ads on television asking you to call a 1-800 number about representation, you see the billboards saying that the attorneys have received millions of dollars in settlements for their clients. Your expectations are that your case is worth six figures.

Not so fast. Those expectations need to be tempered and managed. A majority of auto accidents involve soft tissue injuries. While the effects can be long term, it is not reasonable to assume that you will get paid hundreds of thousands of dollars in a fender bender.

Consult an attorney, but do not be mislead by the promise of a large settlement simply because what has been achieved in unrelated cases with a different set of facts and circumstances.

How Being Convicted of a Crime Can Affect Your Career

I've had several clients who have face consequences at work because of criminal charges. The common example is the client charged with Driving under the Influence. However, clients facing charges such as theft of property also are facing the possibility of termination and losing professional licenses.

Be careful before pleading guilty to any crime even if a misdemeanor. If you are a professional, you may face additional consequences from your licensing board. Or if you are a student or applying for credentials you may be in a position where you are ineligible for future licensing.