Facing criminal charges can be extremely scary, especially considering how a guilty verdict could impact your freedom and reputation. Whether you face charges for a simple misdemeanor or a serious felony, having the right legal team on your side can help ensure your rights are not taken advantage of and you put forth a strong fight. If you need legal representation today, a skilled Muscle Shoals criminal defense lawyer should be your next call.
At The Law Office of Brad Phillips, LLC, we know how distressing it can be to face a criminal charge. We constantly remind our clients to remember that a criminal accusation does not automatically result in a conviction. Both sides of the legal case have the opportunity to present their own arguments and make their cases in front of a judge and jury. Connect with us today to help maximize your odds of reaching the outcome you want.
When it comes time to defend your position in court, you will need to collaborate with your defense attorney to identify and execute the strongest position you can take. Some of the more commonly used defense arguments by criminal defense lawyers include:
In Alabama, the burden of proof is on the prosecution to prove beyond a reasonable doubt that the defendant committed the illegal actions of which they are being accused. When this happens, a criminal defense attorney may question the reliability or admissibility of the evidence being presented. For example, your attorney may choose to scrutinize whether a certain piece of evidence can still be used after pointing out there was a procedural error made when collected.
Every American citizen is afforded a number of rights under the U.S. Constitution. If there is evidence that any legal rights have been violated, it could be enough to reduce charges or dismiss a case entirely. For example, if police officers searched the defendant’s home without securing a search warrant beforehand, a defense attorney can accuse law enforcement of violating their client’s right to a lawful search and seizure.
Another strong defense strategy could be arguing that the defendant was forced to engage in a certain level of force to defend themself or someone else who was facing a threat of harm. Alabama law recognizes that there are times when it may be necessary to use reasonable force to protect yourself or someone else from being seriously injured or killed. To make this argument, your lawyer must show that your actions were necessary and proportional to the alleged threat.
If you are able to successfully demonstrate that you were not at the scene of the crime that you are being accused of committing at the time that it was committed, this can be a powerful strategy that dismisses a prosecution’s entire case against you. Having evidence like witness testimonies or surveillance footage that takes you out of the scene of the crime can make it clear that it was not possible for you to have done what the prosecution is alleging.
Highlighting the possibility that someone mistakenly identified the defendant as someone else can be another strong defense strategy. Whether it was from unreliable witness identification or circumstantial evidence, your lawyer can use a combination of forensic evidence and witness testimony to highlight inconsistencies and try to prove that you were mistaken for someone else.
If you are arrested and charged with a crime in Alabama, the most important thing is to remember to stay calm and exercise your right to remain silent. You don’t want to accidentally say something incriminating and have it be used against you in court later. Get in touch with an experienced criminal defense attorney in Muscle Shoals, Alabama as soon as you can to start discussing what legal options you have and begin building your defense strategy.
Bail in Alabama is determined based on the nature of the crime, the defendant’s criminal background, and whether they are considered to be a flight risk. Overall, the goal is to ensure that the defendant will return to court when they are required. If bail is set, a defense attorney can request a bail reduction or argue for alternative arrangements. In some cases, a judge may not require bail to be paid in order for a defendant to be released.
Alabama operates under a 10-year lookback period for DUI offenses. This means any DUI convictions made within the past decade can be used to enhance penalties for a subsequent offense. For example, if you are convicted of a second DUI within ten years of the first, the penalties will be more severe than the first time around. Outside of this ten-year window, prior DUIs are generally not considered for sentencing, even if it’s still on your driving record.
DUI convictions remain on your criminal record permanently in Alabama. The state does not offer expungement for DUI convictions. There are some benefits to be realized after a certain period of time, however, like the chance for your insurance rates to go down. While a DUI cannot be erased, a defense lawyer can still try to help reduce the overall charge or negotiate alternative sentencing options to mitigate long-term consequences.
If you have been charged with a criminal offense in Muscle Shoals, Alabama, and are looking for support to help you through this difficult time, contact us today. Our defense attorneys are highly experienced in investigating criminal accusations and exploring different avenues to effectively defend their client’s interests. We look forward to hearing from you soon.
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