Alabama Criminal Defense Lawyer
Are you facing criminal charges? Before you make a move that can complicate your standing in the legal system, call Criminal Defense Attorney Jason Darley. He will defend your rights to ensure your future at this critical time.
Mr. Darley stands by the freedoms assured under the U.S. Constitution and will vigorously fight those who want to compromise your rights. Without his help, you could find yourself behind bars.
In the Mobile area, there is no criminal attorney with more skill and knowledge than Jason Darley, ESQ, founder of the Darley Law Firm. For more than three decades, Mr. Darley has represented those facing misdemeanor and felony criminal charges. He is dedicated to securing your justice with compassion and the knowledge of federal and state laws.
Criminal law is distinct from civil law. Civil offenses deal with disputes between individuals or individuals and a corporation, which are heard in civil court. After a trial before a judge or a jury, the result will be financial compensation if the plaintiff (the complainant) succeeds.
If you lose in civil court litigation, you receive nothing. In many cases, your attorney will only charge you if they win your case. This is known as a contingency fee arrangement, and it is often seen in personal injury cases where the client pays the attorney out of the money awarded.
In a civil matter, you can seek compensatory damages from the negligent party, which might include legal costs, loss of income, medical bills, the cost of therapy, and the cost of replacing damaged property. Non-financial damages may be sought, such as pain and suffering.
Criminal cases are defined as a felony or a misdemeanor under local, state, or federal law. Criminal laws are established to protect the public from threats and dangerous behavior that endangers the health, welfare, and safety of others. You become the defendant when you are charged with a crime, particularly a violent crime.
A prosecutor files criminal charges after an investigation by law enforcement. The burden of proof in a criminal case is stiffer than in a civil matter. It is defined as “beyond a reasonable doubt,” a stricter standard than a civil case, which requires the plaintiff to convince a jury by only the “preponderance of evidence” to prove their case.
A criminal defendant will be found guilty or not guilty and will be punished according to previously established guidelines. Facing criminal charges is not the time to try and fight the system on your own.
An experienced criminal defense attorney can investigate the alleged crime and look for holes in the prosecutor’s case. Mr. Darley often finds irregularities in how law enforcement conducts its investigation, sometimes violating your constitutional rights. Being charged does not automatically mean you are guilty; the sooner you begin dismantling the prosecutor’s case, the more likely you will succeed.
Without having the charges expunged, violating criminal law can result in incarceration, fines, or the death penalty. Criminal charges can permanently impact your life because you will have a record.
Serious and Violent Crimes in Alabama
* DUI – Driving Under the Influence, Drunk Driving – DUI charges are among the most commonly committed crimes and can lead to an arrest, fines, and losing your license. An experienced criminal lawyer can often vigorously defend a client when law enforcement fails to follow proper procedures. Perhaps you were driving fatigued and not drunk, which can have a similar outcome. An arrest does not automatically mean a conviction with a skilled lawyer by your side.
* Drug Offense – Alabama has strict drug laws ranging from jail time for a small amount of marijuana to Schedule V drugs, even though they are considered low risk. Repeat offenders will likely spend some time imprisoned, as will those caught with a large quantity of drugs. It is possible to avoid incarceration and be sent to a diversion drug treatment program instead.
* White-Collar Crime – White-collar crime is non-violent fraud, including health care and mortgage fraud, money laundering, securities fraud, and public corruption. Lengthy punishments are rare with white-collar crimes, often resulting in fines or an average of 27 months in prison.
* Cyberstalking – Also known as Bullying, Cyberbullying, and Sexting, can have serious consequences. Often seen in the context of youth or domestic disputes, Cyberbullying involves using the internet, social media, text, email, or an app that targets an individual. It can involve a threat of either physical or sexual violence, slander, and sensitive private information. Alabama law classifies online harassment as a Class C misdemeanor, which can lead to jail or prison time, a fine, counseling, and confinement in a state mental health facility. Stalking is classified in the first degree as a Class C felony.
* Violence such as domestic abuse or assault – Alabama considers domestic violence a serious crime. Even if the victim later wants to drop the claim, aggressive prosecutors may continue with the domestic violence case.
Law enforcement at the scene often has difficulty identifying the aggressor and the victim. The standard for any prosecutor will be to prove their case beyond a reasonable doubt. Working with Mr. Darley, you must establish whether the prosecutor’s evidence is sufficient or false. Another alternative to trial is attending a domestic violence program, which could result in your criminal charges being dismissed. Under Alabama law, battery falls under the crime of assault, a Class B felony with a penalty ranging between two and 20 years in prison.
* Murder – Murder is a Class A Felony in Alabama with a punishment of up to 99 years in prison and not less than 20 years. Manslaughter, murder, and capital murder are the three levels of culpability, with manslaughter requiring at least two years in prison up to capital murder, which results in death or life in prison without the possibility of parole. When a person is killed through the negligence of another, this is defined as criminally negligent homicide with a punishment of not more than one year in county jail.
* Burglary – Under Alabama law, a person can be charged with burglary in the first degree if he or she unlawfully enters a dwelling, armed with a deadly weapon, and remains with the intent of committing a crime. Burglary is a first-degree Class A felony that brings a punishment of not more than 99 years or less than ten years in prison. A Class B felony sentence is not more than 20 years or less than two years.
* Gun Crimes – Crimes involving guns and mass shootings continue to permeate our country, with 672 individuals killed in mass shootings in 2022, the second highest on record behind 2021. Alabama is among the states with the most permissive gun laws and higher gun deaths, the fifth in the nation, tied with Missouri, according to the Violence Policy Center. The CDC reports that 1,315 Alabamians were killed by guns in 2021. Gun violence is now the leading cause of fatalities among Alabama’s children.
Mobile Criminal Defendant Attorney Jason Darley of Darley Law LLC
Jason Darley represents the people of Mobile County facing criminal charges. He is honored and committed to those he represents. If you have been charged with a crime, you can plead your innocence with an advocate such as Mr. Darley by your side with all of the facts at his disposal. Police coercion, undue influence, questionable police tactics, and Miranda rights violations are among the mistakes made by prosecutors and law enforcement. In some cases, expungement of your record may be possible when there have been failures in your criminal prosecution.
Criminal charges do not necessarily mean criminal prosecution and prison time. Allow Jason Darley the opportunity to aggressively fight for your rights by calling his office for a complimentary consultation at (251) 441-7772.