FAQ
A New Approach to Legal representationFrequently Asked Questions
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Firm Questions
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Do You Offer Free Consultations?
Yes! If you are facing criminal charges, we strongly recommend you reach out to us as soon as possible. There is no upfront fee for your initial consultation, and we use this as an opportunity to build trust and open lines of communication that are pivotal in every case we handle.
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What Cases Do You Take?
We handle most criminal defense cases, including driving under the influence (DUI), violent crimes (murder, assault, domestic violence), drug crimes, theft crimes, and sex crimes. We handle cases in both state and federal courts.
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What Are Your Office Hours?
Our normal office hours are:
- 8:00 AM – 6:00 PM (Monday through Friday)
- 9:00 AM – 4:00 PM (Saturday)
- 1:00 PM – 4:00 PM (Sunday)
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DUI
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What Is the Legal Limit for Blood Alcohol Content (BAC)?In Alabama, most drivers are considered to be under the influence with a BAC of .08 percent. However, this limit drops for those with special circumstances. For example, that limit drops to .04 percent for those operating a commercial vehicle and .02 percent for school/daycare bus drivers or those who are under the age of 21.
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I Tested Beneath the Legal Limit. Why Was I Still Arrested?Alabama law does not require you to have a specific blood alcohol content in order for you to be considered impaired. In fact, a number of illicit substances can impair someone without registering any increase in blood alcohol level. Prosecutors have to prove some level of impairment, and they usually do this with circumstantial evidence like the arresting officer’s observations or a failed field sobriety test. This type of evidence is often subjective, however, and a skilled attorney can often challenge this evidence in court.
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What Is an Ignition Interlock Device (IID)?
An IID is an additional ignition lock hooked to a breathalyzer. The driver must blow into the breathalyzer and pass a sample test in order for the device to unlock the ignition and allow the vehicle to start.
If you are convicted of DUI, you may be required to install an IID on every vehicle you operate. You will be required to pay the costs of installing and maintaining this device for the duration of your required term. Additionally, you are also prohibited from operating any vehicle that does not have one of these devices installed until your IID requirement lapses. -
What Is a Court Referral Evaluation?
The Alabama Mandatory Treatment Act of 1990 requires all drug and alcohol offenders who are on parole or probation to receive education, treatment, monitoring, and drug testing through the Court Referral Program. After an assessment, those in one of these programs are required to participate in a certain number of activities, such as educational classes or rehabilitative treatments. They must also undergo monthly alcohol or drug testing at their own expense (unless the court determines them to be indigent).
These programs are required to regularly report progress to courts, including any violations or failures.
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Criminal Defense
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Should I Answer Questions from Law Enforcement?
No! Perhaps the most famous clause in your Miranda rights is “You have the right to remain silent.” We strongly recommend you exercise this right to the fullest! Once you are placed under arrest, law enforcement is required to read you these rights and ask that you understand them. Once they do, you are legally entitled to refuse to answer any questions without an attorney present. We strongly recommend that you do so and give us a call right away!
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Am I Going to Jail?Not necessarily. You may be detained briefly once you have been arrested, but law enforcement will be required to release you after a brief period if they are unable to charge you. Likewise, the penalties for any convictions can vary and do not always include jail time. A skilled attorney can argue on your behalf and negotiate with prosecutors in the event that strategy is more beneficial. To learn more about the specifics of your case, request a personal consultation as soon as possible.
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What Is the Difference Between a Misdemeanor and a Felony in Alabama?
In Alabama, misdemeanor offenses are far less serious than felonies. Generally, a misdemeanor offense can only be penalized by up to one year in jail, whereas a felony could be punished by up to life in prison and beyond. Misdemeanors may carry fines of no higher than $6,000, whereas felony convictions can carry a fine of up to $100,000.
When it comes to criminal records, misdemeanors are far easier to seal or expunge once the matter has been completed. Felonies, on the other hand, are much more difficult to expunge and, in some cases, may only be expunged in extremely rare circumstances. Those with a felony conviction on their record also lose a number of rights, such as the right to vote, own a firearm, or hold certain positions of employment.
With so much riding on the line, it’s pivotal to retain the services of a skilled criminal defense attorney if you may be facing felony charges. Call (205) 900-3815 for a case evaluation today.
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