Criminal Defense Blog

Alabama Expungement

Posted on March 3, 2016 by Woody
3March
2016

Alabama Expungement

Alabama’s new expungement law allows certain components of an individual’s criminal record to be expunged or erased. Not everyone is eligible and not every crime is covered by the law.  An Alabama criminal defense attorney can explain the requirements in detail.  But, here are the answers to three common questions clients ask about expungement.

Do I need a lawyer to request an expungement?

Generally speaking, it is always best to have a criminal attorney represent you in all aspects of a criminal proceeding.  There is so much at stake that it would wise to have someone with experience at your side.  Even with something like a Petition for Expungement, there are technical requirements which, if not properly adhered to, your petition could easily be denied.

How much does it cost?

In addition to your attorneys’ fee, the expungement law requires an administrative fee of $300.00 when filing your Petition.  There may also be expenses for obtaining copies of your record, both from the Court that handled your case as well as from the Alabama Criminal Justice Information Center.

How long does the process take?

Every case is different, but it normally takes 30-45 days to obtain all of the necessary records and then draft and file the petition with the court.  Typically, it takes 45 days from the filing of the petition for it to be granted by the Court.  However, if there is an objection to the petition, then the process will take longer.

If you were charged with a non-violent felony, a misdemeanor criminal offense, a traffic violation, or a municipal ordinance violation that resulted in a dismissal; then you may qualify to have your arrest record expunged.  If you have questions regarding an expungement or any other criminal defense matters, please contact Ketcham Law by calling us at (205) 296-4233.

Posted in Uncategorized |

DUI Dismissal

Posted on February 24, 2016 by Woody
24February
2016

Rare Medical Condition Leads to Dismissal of DUI in New York

Imagine being stopped by the police, given a breathalyzer test, and being told that you are over the limit, but you haven’t had a drink in several hours?  Is this even possible?  Although not a very common situation, it happened to a New York woman, and luckily her case was dismissed.

An unlikely charge of DUI

An upstate New York woman was stopped just before Christmas in Hamburg, New York. After being tested by law enforcement, she was told that her blood alcohol level more than four times the legal limit.  However, the woman insisted that she had not recently consumed sufficient alcohol to be over the limit.  According to her, she had consumed “four drinks between noon and 6 p.m. . . . less than one drink an hour.” However, a woman her size and weight, consuming four drinks in that period of time, should have been well below the legally impaired level of 0.08.

Suspicion that something else was the culprit

Because the woman’s blood alcohol level of nearly 0.40, the police were required to take her to a hospital, as that level is considered life-threatening.  However, because she did not have any of the other symptoms of someone who is intoxicated, the hospital wanted to release her.  But, her husband insisted they run tests and, sure enough, hours later, she still had a blood alcohol level of 0.30, with nothing else to drink.

Extremely rare medical condition to blame

An extremely rare condition, “auto-brewery syndrome” was determined to be the blame for the woman’s inexplicable blood alcohol levels.  This condition occurs when there are abnormal amounts of gastrointestinal yeast, which converts common food carbohydrates into ethanol (or alcohol). The process is believed to take place in the small bowel and is vastly different from the normal gut fermentation in the large bowel that gives our bodies energy. Lucky for her, the court dismissed the charges, based on this medical finding.

If you have questions regarding DUI, or any other criminal defense matters, please contact Ketcham Law by calling us at (205) 296-4233.

Posted in DUI |

Prescription Pill Drug Charges

Posted on February 17, 2016 by Woody
17February
2016

Law Enforcement Cracking Down on Prescription Drug Crimes

In light of the recent fraud scheme discovered in Alabama, meant to illegally obtain oxycodone from a clinic in Opelika, Alabama citizens should be aware of the State’s tougher stance on prescription drug trafficking.  Drug trafficking charges bring stiff consequences, but some people do not realize that these serious offenses are not limited to illegal or “street” drugs.

Scheme to obtain fraudulent oxycodone prescriptions

An elaborate scheme in Opelika, Alabama has resulted in the conviction of at least 8 people from Alabama, as well as Florida and Georgia.  The apparent ringleader, a citizen of Miami, developed a scheme to create false medical records to support fraudulent oxycodone prescriptions.  The paperwork was then submitted to Emeds Medical Management, a pain clinic located in Opelika.  The records often included Magnetic Resonance Imaging (MRI) results that, although appearing legitimate, actually contained fabricated information regarding medical conditions and diagnoses.

Some of the individuals involved posed as patients of the clinic, in order to receive the prescriptions. These drug-seekers paid the masterminds a fee for the prescriptions.  They group also had an “inside man,” or woman in this case, who worked for Emeds and was responsible for verifying the legitimacy of paperwork submitted to the clinic by patients. She was paid a fee per patient, as well as, a supply of pills.

Alabama joins the fight against prescription drug crimes

The Drug Enforcement Administration (“DEA”) has been conducting a huge investigation, referred to as “Operation Pilluted,” into prescription drug abuse.  This investigation has resulted in raids in Alabama, Arkansas, Louisiana, and Mississippi, which resulted in more than 280 trafficking arrests, including 26 in Alabama.  Operation Pilluted has led to more than $11.6 million in assets seized, including 51 vehicles, 202 guns and about $400,000 in cash.  Of the 280 people arrested during the operation, 22 were doctors and pharmacists.

It may be surprising that, according to the Centers for Disease Control, the highest number of narcotic painkiller prescriptions in 2012, with 143 prescriptions per 100 people, was in Alabama.  If you have questions regarding drug trafficking charges, or any other criminal defense matters, please contact Ketcham Law either online or by calling us at (205) 296-4233.

Posted in Drug Possession, Drug Trafficking, DUI |

Drug Trafficking

Posted on February 8, 2016 by Woody
8February
2016

Common Defenses to Drug Trafficking Charges

What some clients do not realize is that, even if the drugs in your possession were only intended for personal use, depending on the type of drug and the amount or weight of that drug, you could be charged with drug trafficking.  Drug trafficking results in much stiffer penalties in most cases.  Drug trafficking charges can come with minimum sentences, regardless of whether the drugs were for personal use.  Understanding some of the common defenses to drug trafficking charges can be very valuable.

Drug Trafficking Defenses

An aggressive drug trafficking defense is the only way to ensure that the arresting officer had probable cause to arrest you, and that they did not violate your constitutional rights by conducting an illegal search or seizure.  If these things can be proven, then it is possible your criminal charges could be reduced or dismissed.  Depending on the circumstances surrounding your particular case, one of the following common defense strategies may be useful:

  • the police did not have probable cause to conduct a search
  • you were simply in the wrong place at the wrong time
  • the police did not have a warrant to conduct a lawful search
  • you had not intent to traffic drugs
  • you were unaware of any drug trafficking activities

“Drug Trafficking Enterprise” in Alabama

Under Alabama’s drug trafficking laws, the term “drug trafficking enterprise” is defined as under Ala. Code §13A-12-233 as the following:

Undertaken by such person in concert with five or more other persons with respect to whom such person occupies a position of organizer, a supervisory position, or any other position of management, and from which such person obtains substantial income or resources.

Drug trafficking laws can be difficult to navigate through.  Establishing an effective defense is the only way to avoid the serious consequences of a drug trafficking conviction in Alabama.

If you have questions regarding drug charges, or any other criminal defense matters, please contact Ketcham Law by calling us at (205) 296-4233.

Posted in Drug Possession, Drug Trafficking |

Field Sobriety Tests in DUI Cases

Posted on January 29, 2016 by Woody
29January
2016

Challenging Field Sobriety Tests in DUI Cases

One of the most common ways to challenge an arrest for driving under the influence of alcohol or drugs is to challenge the field sobriety test(s) used by law enforcement officers to support the arrest.  There are many ways an officer can botch a field sobriety test.  If the arresting officer does not comply with the NHTSA guidelines in administering and interpreting the tests, then you may be able to get your case thrown out.

Improper administration of field sobriety tests

It is possible for a law enforcement officer to administer a field sobriety test improperly.  She could give incorrect instructions, or not understand how to administer the test accurately.  The National Highway Traffic Safety Administration (NHTSA) has established guidelines regarding how the standardized field sobriety tests must be given.  When these guidelines are not followed, the results of the tests may not be admissible as evidence against you.

Faulty interpretation of field sobriety tests

Another way that law enforcement officers can botch a field sobriety test, is by failing to properly interpret the results.  Even if the officer gives the right instructions and follows all of the guidelines in administering the test, if the results are not accurately interpreted, the test can still be challenged.

How can you challenge the field sobriety test?

With most patrol cars having dashboard cams, the footage on these cams can prove to be very useful in determining, and proving that a field sobriety test was not properly administered or interpreted.  Evidence from the video, along with aggressive cross-examination of the arresting officers will determine whether you actually failed the field sobriety test, or whether the officer made a mistake. If you passed the test, the results will serve as evidence that you were not intoxicated.

If you have questions regarding DUI charges, or any other criminal defense matters, please contact Ketcham Law by calling us at (205) 296-4233.

Posted in DUI |

Unlawful Arrests or Police Stops

Posted on January 22, 2016 by Woody
22January
2016

 

If you are facing a criminal charge for driving under the influence of drugs or alcohol, you are facing serious legal penalties as well as the possibility of losing your freedom.  For every additional DUI offense, you face additional penalties and jail time.   The best way to protect your freedom and protect your legal rights is to obtain the proper legal defense.

Was the police stop unlawful?

Every time a police officer makes a traffic stop, there is a question as to whether they did so properly.  If the officer did not have probable cause to initiate the traffic stop, then their actions may have been unlawful.  If that can be established, your case may be dismissed.   The Fourth Amendment of the U.S. Constitution requires that a law enforcement officer have reasonable suspicion that a crime is either being committed or about to be committed, before lawfully making a traffic stop.

What constitutes reasonable suspicion?

Minor traffic offenses like weaving on the road, speeding or having expired license plates, provide reasonable cause to make a traffic stop.  Once you have been stopped, however, the police officer must have a specific reason for continuing to detain you, before any type of DUI investigation can begin.

 

An arrest without probable cause is unlawful

Even if the initial traffic stop was made properly, probable cause must exist to continue to detain someone and investigate a possible DUI charge.  If the officer makes an arrest before a determination of probable cause has been made, the arrest may be unlawful.  If it is determined that the arrest was made without probable cause, then your DUI defense attorney could work to have the evidence obtained after the arrest excluded as inadmissible in court.

If an officer places you in a patrol car or orders you to follow specific directions before determining whether you are sober, can constitute an unlawful arrest.  If you have questions regarding DUI cases, or any other criminal defense matters, please contact Ketcham Law by calling us at (205) 296-4233.

Posted in Drug Possession, DUI |

Unlawful Police Stops or Arrests in DUI Cases

Posted on January 13, 2016 by Woody
13January
2016

If you are facing a criminal charge for driving under the influence of drugs or alcohol, you are facing serious legal penalties as well as the possibility of losing your freedom.  For every additional DUI offense, you face additional penalties and jail time.   The best way to protect your freedom and protect your legal rights is to obtain the proper legal defense.

Was the police stop unlawful?

Every time a police officer makes a traffic stop, there is a question as to whether they did so properly.  If the officer did not have probable cause to initiate the traffic stop, then their actions may have been unlawful.  If that can be established, your case may be dismissed.   The Fourth Amendment of the U.S. Constitution requires that a law enforcement officer have reasonable suspicion that a crime is either being committed or about to be committed, before lawfully making a traffic stop.

What constitutes reasonable suspicion?

Minor traffic offenses like weaving on the road, speeding or having expired license plates, provide reasonable cause to make a traffic stop.  Once you have been stopped, however, the police officer must have a specific reason for continuing to detain you, before any type of DUI investigation can begin.

An arrest without probable cause is unlawful

Even if the initial traffic stop was made properly, probable cause must exist to continue to detain someone and investigate a possible DUI charge.  If the officer makes an arrest before a determination of probable cause has been made, the arrest may be unlawful.  If it is determined that the arrest was made without probable cause, then your DUI defense attorney could work to have the evidence obtained after the arrest excluded as inadmissible in court.

If an officer places you in a patrol car or orders you to follow specific directions before determining whether you are sober, can constitute an unlawful arrest.  If you have questions regarding DUI cases, or any other criminal defense matters, please contact Ketcham Law by calling us at (205) 296-4233.

Posted in DUI |

Posting Bail

Posted on January 6, 2016 by Woody
6January
2016

What You Need to Know About Posting Bail

If you know someone who is facing criminal charges, and they are in jail awaiting trial, figuring out how to post bail is an important issue.  Bail is the money that is required to be deposited by criminal defendants in order to guarantee they will return to court, if they are released pending trial.  Here is what you need to know about posting bail.

How bail is determined

The amount of money that must be posted for bail is different for each person and their particular circumstances.  The judge will consider the type of crime they are charged with, whether the person has ever been arrested before, and whether there is a risk that the person will be motivated to avoid court.

How the bail process works

Once the judge sets the amount and the bail is paid, the money is deposited with the clerk of the court or the bail bond company.  After the case has been resolved, the money will be returned unless the defendant is convicted.  If that happens, a percentage of the money will be deducted before it is returned.  If, however, the bail amount cannot be paid and there is no one willing to put up a bond, then the accused must stay in jail until the next court date.

Ways to post bail

Bail can normally be posted in a few ways: in cash, with real property, or through a bond.  The judge is required by law to allow bail to be posted in at least two ways.  In most cases, the court direct that bond be posted in cash or through an insurance company bail bond.

If you have questions regarding posting bail, or any other criminal defense matters, please contact Ketcham Law by calling us at (205) 296-4233.

Posted in Uncategorized |

Search and Seizure Laws

Posted on December 29, 2015 by Woody
29December
2015

Search and Seizure Laws

The United States Constitution guarantees the right of its citizens to be free from unlawful or unreasonable searches and seizures by law enforcement personnel.  This right is guaranteed by the Fourth Amendment.  Basically, this means that police officers must have a good reason to search you or your property, seize your belongings, or arrest you.

Probable Cause

The legal term “probable cause” simply means that there are identifiable facts or circumstances that justify a search or seizure of a person, place, or thing. In other words, there must be a good reason to believe that a person is committing, or has committed, a crime.  There could also be a good reason to believe that evidence of a crime can be found in a particular place. With probable cause, a police officer is authorized to conduct a search and seize evidence of a crime, or make an arrest, without a warrant.  This is applicable in situations where there are “exigent” or emergency circumstances that make getting a warrant unfeasible.

An example of probable cause

Consider the following scenario.  During an investigation, police officers gather evidence that a suspect is selling illegal drugs from his home. The officers can ask a judge to issue a search warrant for that home.  The search warrant could also give the officers the authority to arrest the suspect.  If the judge agrees that there is sufficient evidence of probable cause to issue the warrant(s).  However, with sufficient probable cause, the officers may be justified to enter the home, search it, seize any drugs and arrest the suspect, all without that warrant.

The general rules requires a warrant

The general rule is that law enforcement officers are required to get a warrant before searches and seizures can be conducted. It is this requirement that allows the Fourth Amendment to work.  The checks and balances of obtaining a warrant ensures that the search and seizure will be reasonable.  If, on the other hand, a warrantless search and seizure is conducted, the police must prove that a warrant was needed or that there was no time to get one.

If you have questions regarding drug charges, or any other criminal defense matters, contact Ketcham Law by calling us at (205) 296-4233.

Posted in Drug Possession, Drug Trafficking, DUI, Marijuana Offenses |

Synthetic Marijuana

Posted on December 17, 2015 by Woody
17December
2015

Synthetic Marijuana

A recent bust in Dothan recovered large quantities of synthetic marijuana, along cocaine, other drugs and a gun.  As a result of the search warrant, the officers uncovered 143 10-gram packages of the synthetic drug, along with a large garbage bag full of loose synthetic marijuana.

Synthetic cannabinoids

Synthetic cannabinoids (or synthetic marijuana) refers to the man-made, mind-altering chemicals that are becoming increasingly popular.  These drugs are either sprayed on dried, shredded plant material so they can be smoked or sold as liquids to be vaporized and inhaled in e-cigarettes and other devices.  These drugs are called cannabinoids because they are related to the chemicals found in the marijuana plant.

The problem with these synthetic drugs

For this reason, these chemicals are being falsely referred to as “synthetic marijuana” and misleadingly marketed as a safe and legal alternative to marijuana.  However, the effect on the brain is much more powerful than marijuana.  In fact, the actual effects are more unpredictable and often more severe.

More false advertising

These synthetic cannabinoid products are often labeled “not for human consumption,” while claiming that they contain “natural” material taken from a variety of plants. The reality is, the only part that is natural is the dried plant material. Based on chemical tests on these products, the active, mind-altering ingredients are cannabinoid compounds made entirely in laboratories.

Synthetic “marijuana” is unregulated

Synthetic cannabinoids are part of a category of drugs called “new psychoactive substances” (NPS).  “Psychoactive” means mind-altering.  NPS are unregulated psychoactive substances that have recently become available on the market and are intended to mimic the effects of illegal drugs.

If you have questions regarding drug charges, or any other criminal defense matters, please contact Ketcham Law by calling us at (205) 296-4233.

Posted in Drug Possession, Drug Trafficking, Marijuana Offenses |