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!

Will I Lose My License for This DUI?

The short answer is yes, but that’s not a guarantee. The Alabama Department of Public Safety will suspend your license within 30-45 days of you being charged with a DUI. Depending on how many DUI convictions you have in the last 5 years (this is the amount of time they can count a DUI conviction against you) you could lose your license for 90 days for your first DUI up to 1 year for your 4th.

There is a way you can keep your license. You can hire an attorney to ask the judge to order that your license not be suspended until you’re convicted. This is a difficult task for your attorney. It requires him to file a lawsuit against the Department of Public Safety stating that you should not have been charged with DUI, and that it should be dismissed. Your attorney will also ask the judge to order the Department of Public Safety to hold off on suspending your license until the court tells them otherwise.

This is an extremely useful trick to keep your license active until after your lawyer can get your DUI taken care of. Lots of times a first time DUI can be dismissed if you complete alcohol classes and drug testing. If you successfully complete those programs then the DUI will be dismissed. However, if your lawyer didn’t ask the court to order your license to remain active, the Department of Public Safety will suspend it, even if you beat the charges!

If you have been charged with a DUI and need your license to keep your job, you cannot afford to let the Department of Public Safety suspend your license. You owe it to yourself to protect your livelihood, so you must speak to a qualified DUI lawyer immediately!

What is a Felony?

A felony in Alabama can be any number of charges. Felonies are placed in classes (A,B, or C), and many factors determine what class felony you could be convicted of. For example, a Class C felony is defined as any charge that carries with it a sentence of one year and one day up to 10 years in the state penitentiary with a fine not to exceed $15,000. Common Class C felonies are Unlawful Possession of Controlled Substance, or Theft of Property in the Second Degree.

A Class B felony carries an increased punishment of 2-20 years in the state penitentiary and a fine not to exceed $30,000. These often include distribution charges or Theft of Property in the First Degree.

Finally, a Class A felony, the most serious offense, carries a punishment of 10-99 years or life in prison, and a fine not to exceed $60,000. These include charges like manufacturing meth or drug trafficking all the way to murder.

The number of prior felonies plays a big part in how your current felony might be classified. For example, if you’ve been charged with a Class C felony (let’s say possession of cocaine) and you have three prior Class C felonies, then your current felony possession of cocaine will carry a minimum sentence of 15-99 years in prison and a fine not to exceed $60,000!

If you’ve been charged with a felony crime then you MUST fight for your rights. The prosecutor is not going to offer a plea agreement that looks after your best interests. It’s up to you to protect yourself!

DUI in Alabama: What am I facing?

According to Alabama law, a person shall not drive or be in actual physical control of any vehicle while:

(1) There is 0.08 percent or more by weight of alcohol in his or her blood;

(2) Under the influence of alcohol*

(3) Under the influence of a drug to a degree which renders him or her incapable of safely driving*

*The prosecutor must prove beyond a reasonable doubt that you blew 0.08 on a breathalyzer test AND that you were under the influence of drugs or alcohol. Whether or not you were under the influence at the time of your traffic stop is determined by any number of Field Sobriety Tests (FST) and it is up to the officer to make sure they conducted the test correctly.

*Even if you were driving and had a prescription for pain medication, the prosecutor still has to show that you were not fit to drive!

These areas are commonly glossed over by the police and prosecutor, and MUST BE ATTACKED! You can beat your DUI case!

If you are convicted of a DUI the punishments are as follows:

First DUI

You shall be placed in jail for not more than one year* OR

You’ll have to pay a fine of $600-2,100.00 OR

BOTH!

You’ll also have to surrender your license for 90 days*

Your first DUI will be treated as a misdemeanor, and it can be used against you in future DUI cases for up to 5 years.

Second DUI

Your second DUI in 5 years will carry a fine of $1,100-5,100 and serve time in the county jail up to 1 year*

You’ll have to do a minimum of 5 days in jail.

Your license will be revoked for 1 year.

Your second DUI will be treated as a misdemeanor, and it can be used against you in future DUI cases for up to 5 years.

Third DUI

Fine of $2,100-10,000 and serve time in jail up to 1 year*

Minimum of 60 days in jail

Your license will be revoked for 3 years.

Your second DUI will be treated as a misdemeanor, and it can be used against you in future DUI cases for up to 5 years.

Fourth DUI and future DUIs

Your fourth and future DUIs will be treated as a Class C Felony!

Fine of $4,100-10,100

One year and one day in jail*

Minimum of 10 days in jail.

Your license will be revoked for 5 years.

Your license may never be reinstated.*

* What are the options?

While each new DUI carries a minimum jail sentence, there are things your attorney can do to make sure that is all the time you’ll spend in jail. He can ask for DUI and substance abuse classes, color code, or probation in many circumstances to ease the burden of a DUI conviction. Rest assured that a DUI is extremely serious, and if you are convicted there is a chance that you will never get your drivers license back!

If you are charged with a DUI, you only have 10 days to file an appeal to the Department of Public Safety to try and keep your license from being suspended!

IF YOU OR YOUR LOVED ONE HAS BEEN CHARGED WITH A DUI THEN TIME IS NOT ON YOUR SIDE!

CALL ME TODAY!

Should I Sign a Statement for the Cops?

NO!!! That statement deserves more exclamation points. There is never a good reason to sign anything the investigators hand you in the police station. They will tell you that “they just want the truth,” and “they know you want to get something off your chest,” or my favorite “we can put in a good word with the prosecutor.”

DO NOT SIGN A STATEMENT!

All a statement does is close your case. You’ve admitted to everybody that you’re guilty. It will be used against you in court and it will kill your case and your future. Cops are masters at getting a statement out of a suspect. They won’t use force. They won’t have too. They will manipulate a statement out of you if you let them.

You want to get something off your chest? Don’t sign the statement, and tell me all about it. What we discuss is confidential, and not even the judge can make us talk about what we say together. I have to carry your confession to my grave, or I’ll lose my license to practice law!

BUT THEY SAID THEY’D TALK TO THE D.A. FOR ME…

How nice of them! You wouldn’t believe it if a thief told you he was going to return your stuff. Would you? The only thing they’ll tell the D.A. is that they got a confession out of you. They’ll be bragging about it. The prosecutor won’t be impressed with you for being honest. He’ll just be glad that your case is an easy victory.

NOTHING GOOD WILL COME FROM CONFESSING TO THE POLICE.

What is a Class A,B, or C Felony?

What Is a Plea of Guilty Form?

You’ve discussed it with your attorney, weighed your options, and together you’ve decided that pleading guilty to your charges is the best way to go. Now your lawyer is handing you some forms to fill out. The most important of these is your Explanation of Rights and Plea of Guilty Form. When you accept a plea deal in exchange for admitting your guilt, you are waiving certain constitutional rights. The Explanation of Rights form does what its title suggests, though not clearly.

I’m going to go over an Explanation of Rights and Guilty Plea form with you as I would if you were my client. I’ve highlighted the text different colors so you’ll understand what you’re looking at. We’ll pretend you’re pleading to Unlawful Possession of Controlled Substance (UPCS) – a class C felony, and you have a prior felony possession conviction. Let’s get started.

GREEN TEXT

This is the first step of the form. It details what you’ve been charged with, what level felony it is, and if you’ll be pleading to this charge or some lesser charge.

PINK TEXT

This sets out the classes of felonies in Alabama, and how they’re punished. As you can see your charge of a class C felony carries with it a minimum of one year and one day in prison, and a fine not to exceed $15,000.

BLUE TEXT

This section of the form explains how prior felony convictions affect your current sentence. In our case your prior conviction of UPCS will cause the minimum punishment for your new charge to increase to 2-20 years in prison, and a fine not to exceed $30,000. So, the minimum you could plead to for your second class C felony is two years which may or may not include a fine or probation.

PURPLE TEXT

These are known as punishment enhancements. They vary case to case. For example, here in Etowah County there is about a 5 mile area in the whole county that is not within three miles of a school or housing project. So chances are if you sell drugs in Etowah County you can count on these two enhancements to your sentence. And they are stiff! Five years each. After application of these your minimum sentence is 12 years. 2 years + 5 + 5 for each enhancement = 12 years. Other common enhancements are fines for drugs and even one that requires you complete drug therapy as part of your sentence.

YELLOW TEXT

Here’s the biggie. This is basically a reprint of your 6th Amendment rights as outlined in the Constitution. You can read it yourself, but you’ve got the right to a fair and speedy trial, to see, hear, and confront any witness the state brings against you, the right to a trial by jury, and the right to present your own evidence in your favor among other things. You need to fully understand what you’re entitled to under the Constitution. You need a competent lawyer who knows this form by heart to male sure you understand it as well.

The second half of this text is the waiver of your rights, and it’s in all caps for a reason. It explains that if you plead guilty that you are waiving all the above rights. That you won’t get a jury trial of any kind, you won’t get to hear the state’s evidence against you, and you won’t be allowed to appeal your case to a higher court.

GRAY TEXT

This is where the rubber meets the road. The first section is the attorney certification that states he has explained this form to you and he believes you are informed and understand what you’re signing. Below that is the section where you certify that your attorney has explained everything to you, and you are fully aware of what you’re about to do.

If you take nothing else from this post, please remember to make sure that you’re comfortable with your attorney and his explanation of this form to you. You will never sign a more important document. You are literally signing your life away. I’m not trying to tell you that pleading guilty is a bad thing. Sometimes it’s the smartest move you can make in your case. I’m just trying to drive my point home that this is really important.

Now that you’ve seen this document I hope you are now informed as to your rights, and can carry on a more productive conversation with your attorney if and when pleading guilty becomes an option.

Jefferson County Jail to End Visitation

Jail visitation, for all non lawyers, per order of the Sheriff, is about to come to an end. The jail has posted flyers notifying family, friends and clergy of inmates in the jail that until further notice there will be no more visitations. Additionally the phone system for inmates in the jail has been down for over a week now and there are signs it will not be fixed any time soon. Finally, there is also word that mail to inmates is no longer being sorted or processed as in the past, so legal correspondence to clients will either be interrupted or move at a snail’s pace.

Should I Agree to a Probation Revocation?

Occasionally in my practice I have a client who is facing probation revocation. While many times I’m successful in getting them a sanction or revoked to Community Corrections where they remain out of prison, sometimes that’s not in their best interest. Read on for the deciding factor in when to agree to be revoked to prison.

The number one reason to agree to prison is simply a matter of time. It’s a loosely held notion that when you’re sentenced to prison you can expect to do a third of your time. This is do to overcrowding for the most part. For example, if you are sentenced to 10 years, it’s a fairly safe bet that you’ll do around three of those years in prison. Of course this is only an estimate, and an extreme oversimplification, but it proves true more times than not.

When I’ve got a client who has spent a majority of his sentence on probation before facing revocation, it becomes a matter of estimating how much time he’ll do in prison. In one instance a client was serving a 10 year sentence on probation so he was facing three years in prison. However, he had been in jail for almost five months awaiting revocation as well as almost a year before his original sentence began, and that jail credit is used by the Department of Corrections in determining when he will be eligible for release. So a quick check with the DOC confirmed that if he was revoked he would only be in prison for about nine months to a year. It turned out that with his good behavior in prison he did six months before his release on parole.

So what was the alternative to getting revoked? Well in this case he could have chosen to do Etowah County’s Substance Abuse Prevention Program or SAPP in jail which is a minimum of six months and as long as a year, or he could have been revoked to Community Corrections. Though he might have gotten the same time to serve in Community Corrections as in prison, it’s been my experience that when a client is serving his prison sentence in Community Corrections he tends to do more time than if he were in prison. Out of sight out of mind I suppose, but it makes sense that a defendant in prison costs money whereas a defendant in the community pays his own way.

Time is the number one reason why I will let a client stipulate to a revocation to prison. If you’re facing prison you have options. Even if I wasn’t your lawyer the first time around I can still help keep the impact of prison in your life to a minimum. Call me today!