Charges You May Face After a Bar Fight
The combination of drinking in a bar with a rowdy crowd heightened emotions, and a sporting event can elevate to anger for no reason at all. When that happens, ordinarily peaceful people can be pulled into an altercation, resulting in an assault, injury, or even death. Expect charges to be filed in the aftermath, even […]
What Happens During a Criminal Trial in Alabama?
Before a criminal trial takes place in Alabama, a series of events must first take place. If you have never been charged with a crime, this can be a frightening time that leaves you full of questions. First, you will be investigated. Whether the local sheriff or another state agency, investigations generally include issuing a […]
Situations That Can Lead to Wrongful Convictions
A wrongful conviction means you may spend years behind bars for a crime you didn’t commit. The justice system is not perfect. According to the Equal Justice Initiative, more innocent people are in our prisons today than ever. Since 1989, the group says there have been 3,175 exonerations, absolving someone from blame through more reliable […]
Is it Legal for Police to Briefly Detain Me?
The police pull you over, and you can’t believe it. Why is this happening? What have you done wrong? In Alabama, police can search your person or vehicle if they reasonably suspect you may be involved in a crime or are about to do something criminal. This is highly subjective based on the officer’s perceptions […]
What Gives the Police Probable Cause to Search my Car?
When you get behind the wheel in Alabama, you want to understand the road rules and how to react if you encounter law enforcement. It is far better to understand your rights in advance of this encounter.Criminal defense attorney Jason Darley has counseled countless individuals who’ve had their rights violated when they are behind the […]
Understanding The Search Warrant
Unlike other countries, the U.S. Constitution contains specific language protecting all U.S. citizens from unreasonable searches and seizures. A law enforcement officer must first obtain a search warrant, signed by a judge or magistrate, before entering your property to look for evidence of a crime. The officer can then search any personal property, homes, papers, […]
What is a Brady Violation?
In a criminal case, the defendant has the right to see all of the evidence used by the other side to prosecute the accused. In some instances, prosecutors fail to turn over that evidence, hurting the defendant’s ability to defend himself in a criminal trial. A Brady Violation describes a violation of the constitutional […]
Your Miranda Rights and the 5th Amendment
More than 233 years ago, the founding fathers thoughtfully crafted the kind of government they thought would work best for the public good. Since then, the U.S. Constitution has been amended 27 times. The first ten amendments, known as the Bill of Rights, codified a foundation for a government that serves the people by protecting […]
Can You Lose Your Second Amendment Rights?
The Second Amendment to the U.S. Constitution reads, “A well regulated Militia, being necessary to the security of a free State, the rights of the people to keep and bear Arms, shall not be infringed.” Few issues dealing with the first 10 Amendments to the Constitution (the Bill of Rights) are as contentious as the […]
Should I Make a Plea Deal in my Alabama DUI?
No one wants to be pulled over by police when they are driving, but if you’ve been drinking, it strikes a particular fear, even if you haven’t been drinking enough to be considered intoxicated. That may not matter. Being charged with a DUI in Alabama will permanently stay on your record, potentially harming you financially […]