Criminal Defense

If you are facing criminal charges in the state of Alabama, it is important to consult with a criminal defense attorney as soon as possible in order to ensure your rights are protected, regardless of the specifics. If you have received a speeding ticket or traffic violation in Alabama, speak to an experienced Alabama traffic attorney before you please guilty or pay the fine.

Clark Hall Law handles many types of criminal defense cases including drug possession, theft charges, DUI charges and domestic violence charges.

BATTLING AN ARREST FOR A DRUG OFFENSE IN ALABAMA

Drug offenders are prosecuted very heavily in the state of Alabama, as the courts have very tough penalties for drug crimes. Even the minimum sentences for drug offenses can be very harsh, which is why it is so important to retain legal counsel if you have been arrested for a drug crime.

At Clark Hall Law, we defend clients against a wide range of drug crimes including the manufacturing, distribution, trafficking, or possession of illegal substances.

If you or someone you love has been charged with a drug crime, you can rely on our criminal defense lawyer to provide you with quality legal defense. Attorney Clark Hall will fight for your rights. Contact us today at (256) 549-4357.

Illegal substances involved in a drug crime can include:

• Prescription medications

• Opiates

• LSD

• Ecstasy

• PCP

• Heroin

• Cocaine

• Marijuana

• Mushrooms

Theft

Theft is handled a number of different ways under Alabama law. The crime encompasses a broad range of acts with statutory maximum penalties that vary from a minimal fine or one year in jail to $30,000 in fines and up to 20 years in jail. Sometimes an individual could commit a theft without even realizing it because of how theft is defined in the Alabama statute.

Anyone charged with theft needs to take the allegations seriously and act quickly to minimize the risk of undue consequences. An experienced Alabama theft lawyer can explain the legal situation, help analyze available evidence, and work to ensure that a strong defense is built for those accused. To learn more or discuss your case, consult with a defense attorney in Alabama today.

What is Considered Theft

The law defines four instances which are counted as theft. According to the Alabama criminal code, an individual commits a theft of property when they knowingly obtain or exert unauthorized control over the property of another, with intent to deprive the owner of their property.

Willfully taking someone else’s belongings with no intention of returning them is what most people think of when they envision theft. A theft occurs as well if someone uses deception to obtain control over another’s property. An example of theft by deception would be a case where a contractor promises to pave a driveway and accepts payment to do so, but never had any intention of performing the work and keeps the money. A third definition of theft is taking stolen property from a law enforcement agency.

A fourth definition of theft is taking property left at or near a drop box for a charitable organization. Many people might not realize that picking up those abandoned items is theft, even if the items are up to 30 feet away from the drop box. An Alabama theft lawyer can help any individual understand the particular laws regarding what is considered theft.

Determining the Severity of the Theft

Alabama law classifies thefts as belonging to a particular class, and that class determines the range of penalties that may be imposed. An experienced theft attorney in Alabama is essential when determining the severity of someone’s theft charge. The primary factor in categorizing a theft is the value of the property at issue, though sometimes the type of property or the circumstances surrounding the theft play a determining role.

When the property involved is worth less than $500, the theft is usually classified as third-degree theft, which is a Class A misdemeanor punishable by up to a year in jail and up to $6,000 in fines. However, if the stolen property is of a particular type such as certain drugs, firearms, or credit cards, the crime automatically becomes a second-degree theft—a Class C felony—regardless of the value of the property.

A first-degree theft, a Class B felony punishable by up to 20 years in jail, is generally any theft involving property worth $2,500 or more. Certain categories of property or circumstances can turn any theft into a first-degree theft. For instance, the theft of any vehicle is a first-degree theft. And if an individual steals property directly off another person, such as in pickpocketing, that crime is automatically a first-degree theft.

Consulting With a Theft Attorney

It is crucial to obtain the help of a theft attorney in Alabama to have someone help who understands the intricacies of both the law and the circumstances involved in your particular case. Sometimes ambiguous circumstances make all the difference in determining whether an incident can be classified as a particular class of theft or even theft at all.

PENALTIES FOR DOMESTIC VIOLENCE IN THE 1ST DEGREE

A First-degree domestic violence charge is considered a Class A felony. Those who are subject to this charge will face at least one year of imprisonment with no chance of obtaining probation, parole or any other reduction in time if you have a previous conviction of this charge.

PROTECTION FROM ABUSE ACT

The Protection from Abuse Act provides protection to victims of domestic violence that have been physically abused, harassed or threatened. This protection exists in the form of either a temporary or final restraining order.

ORDERS OF PROTECTION

Many times, the victims of domestic violence will seek orders of protection against their abuser. These orders can be either temporary or permanent.

• Temporary Protection Orders serve the purpose of removing all contact to the victim by their abuser. The abuser will also not be permitted to contact the victim’s children under the age of 18 and anyone else who lives in the victim’s home. The abuser is not permitted to go to the victim’s home, place of work, school or any other location that the victim frequently attends.

• Final Protection Orders follow the same provisions of the temporary orders but they do not expire. In addition, the victim will need to attend a court hearing and provide proof that the abuse took place. The abuser is permitted to attend the hearing in their own defense. The judge will ultimately make the decision as to whether a Final Protection order is necessary. The abuser may be required to pay the victim’s court fees as well as child support to the children that the two parties share. The abuser may also be required to provide spousal support to the victim as well as provide them with a vehicle if they do not have their own means of transportation.

VIOLATING A PROTECTION ORDER

If an order of protection is violated, the defendant will face double the amount of imprisonment time that they were issued. Additionally, they may be punished with another year in jail as well as a fine up to $2,000. If an order of protection is violated a second time, the violator will face additional fines and at least another 48 hours in jail on top of their existing sentence.

FIGHTING SERIOUS CRIMINAL CHARGES IN ALABAMA

Regardless of the charges you are facing, being in any type of trouble with the law can be extremely overwhelming and stressful. The first thing to remember when you are arrested or being questioned by law enforcement is that you do not have to answer any questions without a lawyer present.

You should take aggressive action and get powerful legal guidance by your side. Choosing a criminal defense lawyer is an important decision and one that will likely impact the remainder of your life.

To ensure that you receive the highest quality, aggressive legal defense, you should contact Clark Hall Law. Clark Hall is a highly experienced attorney in the field of criminal defense and have handled a wide range of different cases. We understand that you may be feeling unsure of what to do. We are here to help.

DOMESTIC VIOLENCE THIRD 3RD DEGREE LAWYER

Being charged with the crime of domestic violence can be confusing. There are several different ways you can be charged. You could be charged with domestic violence in the first degree, second degree, third degree, by strangulation, by suffocation, or by interfering with a domestic violence emergency call. You should talk to a lawyer that specializes in domestic violence before making any decisions about your case because it could be your freedom at stake. Clark Hall is available to discuss your case with you in person, offer legal advice, and represent you if your case goes to trial.

Your Miranda Rights

At the time of your arrest, law enforcement officers must inform you of your Miranda Rights.

These include

1. the right to remain silent;

2. the right to an attorney;

3. the warning that anything you say can and will be used against you in a court of law.

You’re guaranteed these Miranda Rights by the Fifth and Sixth Amendments to the US Constitution. The arresting officer has to tell you them out loud to make sure you’re aware of your constitutional protections during the arrest itself and any questioning that follows.

When you’re arrested in Alabama, you also have some state-specific rights.

1. The right to be told what you’ve been arrested for.

2. The right to contact a lawyer, bail bondsman, family member, or friend as soon as possible.

We recommend that you call a criminal defense lawyer first.

Always Choose to Remain Silent

Once you’ve been read your Miranda rights, you can either answer law enforcement’s questions or stay silent. We can’t stress enough the importance of remaining silent.

Not talking doesn’t imply that you’re guilty — it merely safeguards your rights until you have an experienced criminal defense attorney by your side. If you do begin by answering questions, remember that you can decide to stop at any time, ask for a lawyer, and then stay silent until he or she arrives.

What Happens if the Police Don’t Read You Your Rights?

If law enforcement fails to tell you about your Miranda Rights when you’re arrested, any statements you make during questioning may end up being inadmissible in court.

Although police officers do have to inform you of your Miranda rights in most arrest situations, there can be exceptions.

Two conditions both have to be met for the Miranda Rights to apply:

(1) You’re in custody (deprived of your freedom in a significant way).

(2) You’re about to be interrogated (go through questioning that’s reasonably likely to elicit an incriminating response from you).

So, if you’ve been arrested and your Miranda rights weren’t read to you, even though both the above conditions were present, any incriminating statements you made during a custodial interrogation may be excluded from evidence against you.

However, this doesn’t mean that your arrest will automatically be invalidated. Furthermore, any other evidence gathered during the arrest, such as physical evidence or witness testimonies, may still be admissible and used to support your arrest and subsequent charges.

Make that First Call to a Criminal Defense Attorney

The first thing you should do when you’re arrested is contact a criminal defense lawyer who can review the details of your arrest and guide you accordingly.

At Clark Hall, we can assess whether any Miranda violations have occurred and develop a strong defense strategy tailored to your specific circumstances. Remember, each criminal case is unique and potentially life-altering for you as the accused. Your whole future could depend on the specific facts and legal arguments presented.

The Advantages of Local Legal Representation

When it comes to navigating the criminal justice system, having a local defense attorney can be invaluable.

Clark Hall is deeply rooted in this community. He understands the nuances of the local courts and have established useful relationships with law enforcement officers and officers of the court. This familiarity helps him build strong cases and advocate effectively on behalf of his clients.