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.