Can I Get Probation for a Felony?

 In certain circumstances you can get probation. It comes down to a case by case scenario. For example, if you’ve been charged with theft of property  and have no prior criminal record, you’re likely to receive an offer of probation. On the other hand, if you have several prior felony convictions, you’re probably not getting an offer of probation in exchange for a guilty plea. 

Your past criminal record has the most impact on whether you’ll receive probation, but it’s not the only factor. Whether or not anyone was injured by your actions, the severity of the crime, and if a weapon was involved all play a crucial role. For example, if the victim has to go to the hospital for a life threatening injury, you’ll have to do 85% of your sentence. That’s usually 16 or more years of 20 in prison!

All of the above factors will give your criminal defense attorney an idea of what will happen if you’re convicted of a felony. It’s crucial to hire a criminal defense lawyer who knows the system from the inside out, is respected by the prosecutors and the court, and is not afraid to challenge a bad case. Your future depends on it! Call Clark today for a free consultation!

What is Youthful Offender?

Youthful Offender is a term given to any person convicted of a crime for which they could receive prison. Youthful offender is designed to protect a young adult’s future from difficulties such as criminal background checks that come with a conviction. 
 
A youthful offender or Y.O. record is sealed under lock and key, and cannot be viewed except by the judge and your lawyer and certain government agencies under extreme circumstances. A Y.O. conviction will not show up on a background check. In fact, most judges will instruct a Y.O. candidate to write on an employment application that they have never been convicted of a crime. 
 
A great example is a recent client who was charged with three drug distribution charges. I was able to get Y.O. for him which amounted to three years probation. If asked if he has ever been convicted of a crime he can honestly tell them no. A Y.O. guilty plea is not considered a conviction. 
 
Youthful offender is difficult to obtain for most clients. Age is not the only factor to consider. In fact age sometimes has little to do with granting Y.O. If you are facing criminal charges it is important to ask your lawyer is Y.O. is an option. You must act fast though, as your lawyer has to file an application to see if you qualify. 

Theft of Property First: 15 Years in Prison Reduced to 1 Year to Serve

Client was charged with Theft First, a felony. He had two prior felony convictions which increased the time he would have to serve in prison to 15 years. Clark was able to get his sentenced reduced to 2 years in prison, but with jail credit he only has to serve one year!

Theft of Property Second: Unsupervised Probation

Client was charged with Theft of Property Second, a felony. He was facing a minimum year in prison. After several months of negotiation we were able to obtain unsupervised probation for two years! Client will not have to report to anyone for supervision, but he must stay out of trouble.

Unlawful Distribution of Controlled Substance: 2 Counts Dismissed; Drug Treatment and Probation on Remaining Charges

Client was arrested and charged with four counts of Unlawful Distribution of Controlled Substance for selling narcotic medications. He was facing a minimum 12 year prison sentence. Video surveillance was poor as to two of the cases, and were thus dismissed after lengthy negotiations. The remaining two cases were plead to six months of drug rehabilitation followed by five years of supervised probation!

OBSTRUCTING GOVERNMENTAL OPERATIONS: DISMISSED

Client, an immigrant from the middle east, possessed a valid green card. During a raid of his roommate’s room he was asked questions by officers that he didn’t understand due to the language barrier as well as his fright. He was arrested and charged with Obstructing Governmental Operations – a misdemeanor. Because he was not a U.S. citizen he faced possible deportation to his home country. Through negotiation and level-headed prosecutors, his case was dismissed, and he is allowed to remain in America!

I Have a Green Card and Criminal Charges. What am I Facing?

First and foremost, I’m not an immigration attorney. I’m not familiar with the finer details of immigration law any more than a dentist is familiar with heart surgery! If, after reading this article, you feel you need to talk to an immigration attorney I’d be glad to refer you to a few I trust.

The stakes are higher for immigrants who pick up criminal charges. As far as Federal Immigration is concerned you don’t deserve to be here if you can’t stay out of trouble. That’s harsh but it’s so true in Alabama that anytime someone is arrested with an un-American last name Immigration and Customs Enforcement, or ICE, places a hold on the individual so they can’t bond out of jail. It’s then up to the inmate to prove his citizenship! This happened recently with two of my clients who were from Yemen, but had attained U.S Citizenship. I had to work with their family to procure their passports to get them out of jail!

If your arrest is considered a crime of moral turpitude, or a dishonest crime, you could get deported back to your home country. Moral turpitude is a vague definition. Crimes of moral turpitude are selling alcohol to minors or theft, while speeding tickets and DUIs typically are not.

In reality, ICE pursues any immigrant who picks up charges. Generally your first offense, if not serious, will land you probation. But any charges after that could get you kicked out of America. For example, I’ve got a case right now where an immigrant who sold cigarettes to a minor and got probation is facing possible deportation because he got in an argument with his wife who told the police he hit her. He is charged with domestic violence in the third degree, a slap on the wrist for an American citizen, but a crime that could result in his deportation if he is guilty.

Another client sold cigarettes to a minor and got probation. He then got charged with obstructing governmental operations, typically a bogus charge made by a cop who didn’t get the info he wanted. Again, this is a simple crime for an American, but because he only had a green card he was facing deportation. Luckily I was able to get his case dismissed, so he gets to stay in America.

I can’t stress enough the importance of hiring the right criminal defense attorney if you’re an immigrant charged with a crime. You have to be very careful what you say and how you proceed in your case, or you could get sent back to your home country. If you’ve been charged with a crime and you’re not a U.S. citizen, call me immediately. Your right to live in America depends on it!

What If the Drugs Aren’t Mine?

Many times a possession case is made after a traffic stop. Be it a busted tail light or an expired tag, or even rolling through a four-way stop, there are several ways a cop can justify pulling over a vehicle. In most of the possession cases I have handled there is a carload of passengers. If the officer detects the smell of alcohol or marijuana, he will start pulling people out of the car – starting with the driver.

A lot of times he will find illegal drugs in the vehicle that nobody is willing to claim. In this instance the police will charge all of the people in the car with possession of the drugs they find. This is known as constructive possession. Constructive possession differs from actual physical possession in that the drugs are not found in any one person’s pockets. If you are holding and the cop searches you, you would be charged with actual physical possession.

Constructive possession cases are not as easy to beat as you’d think. The method of denying the drugs seldom works on its own. However, if your lawyer can prove that you should not have or could not have known about the drugs, then you’re much more likely to be found not guilty by a jury. For example, if the drugs are found under the rear seat, then you’d have a harder time arguing they didn’t belong to you, or you didn’t know about them than if the drugs were found in the trunk, and you don’t own the car. No one is expected to search a vehicle before they enter it, but the old saying holds true, “If you lie with the dogs, you’ll get fleas.” If you know that the person who’s driving is likely to have drugs in his car, your best defense is never to enter the car to begin with. If it’s too late to make that choice, then be prepared for a constructive possession charge!

It is incredibly important to be as specific as you can in giving the details of the stop to your attorney. A good lawyer is trained to spot problems with the stop and search of the car, but he can’t guess what happened. You have to tell him every detail about how the car was pulled over, as well as where the drugs were located when the officer found them.

IF you have been charged with possession after taking a ride in the wrong car at the right time, then call me immediately! You don’t have to be punished for the unwillingness of another passenger in the car to accept responsibility for their own drugs!

I Got Stopped at a Roadblock

It’s fourth of July weekend and the police will be out full force. They’ll be looking for drunk drivers, and you can’t afford to get a DUI. So you should dodge that checkpoint right? WRONG!

So many times a checkpoint turns into a chase and arrest when a guilty party sees the checkpoint and turns around or off on a side road to avoid being stopped. If there’s more than one cop at the checkpoint you can count on one of those officers watching the traffic approaching the stop to see whose having second thoughts about stopping.

So what to do? Be cool! If you see the checkpoint in the distance, and you should be able to as they have certain rules to follow regarding places, immediately slow down to a safe speed, make sure not to weave in your lane, put your seat belts on, and don’t scramble to clean the car. Push the beer can under the seat, but don’t start leaning over to do anything with your hands. That second cop will be watching!

Don’t get your license ready until asked to do so. Most cops prefer you follow instructions, and some even get suspicious that you’re trying to rush the process when you’ve got all your paperwork waiting.

Try to remain calm as best you can. Believe it or not it’s harder to smell someone’s breath than cops let on. The “strong smell of alcohol” is hard to prove in court, so don’t dodge eye contact with the police.

If all else fails and you do get pulled from your car and arrested for DUI then we still have some options. The cops still have to establish they had a reason to arrest you in the first place. Were you driving too fast? You shouldn’t have been if you were slowing down for the checkpoint. Did you weave in your lane? Again hopefully you could keep it together for that few hundred yards the cops could see you and you could see them. These are questions we’ll make the cops answer in court. If they answer “No” to everything then they had no good reason to pull you from the car. Unless you didn’t follow my advice!

I Got Caught Shoplifting

Shoplifting in Alabama is also known as Theft of Property in the 3rd Degree, a class A misdemeanor. If you are charged with Shoplifting you will be brought before a city judge in Alabama. Shoplifting or Theft 3rd is defined as the taking of property from a store (the statute says “not taken from the person of another” or pick pocketing), and the value of the items taken does not exceed $500.

The consequences of Shoplifting or Theft 3rd is usually worse than the value of the items stolen. For example, the average fine for Theft 3rd is around $600 or more dollars. If you made it out of the store with the items and they weren’t given back then you will be charged with the value of the items as well. This is called restitution. So you can quickly see that that DVD that costs $19.99 now costs as much as $619.99 or more! What’s worse is in some city courts the Judge issues a mandatory three days in jail for Theft 3rd! That means that even if you pay the fines and/or restitution or give back the merchandise, you still have to sit in jail for three days as a punishment! This is non-negotiable.

Your lawyer has the ability to fight to keep you out of jail completely. He will have to file certain documents with the court to make this happen. If you have been charged with Theft 3rd then you must hire a lawyer to avoid going to jail. It is really that simple!

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