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Author Archives: AndySegal

You Cant Handle the Truth: Why Some Lawyers Do Not Want to Know if You “Did It”

Some lawyers intentionally will not ask their clients whether or not they committed the crime. To most non-lawyers, this seems strange. Even lawyers have different opinions on whether or not to ask a client whether or not they committed the crime. Should I tell my lawyer I committed a crime [ Read More… ]

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What You Need to Know about Alabama’s New 2016 Marijuana Laws

Alabama’s criminal justice system divides the crime of possession of marijuana into two degrees. I. Possession of Marijuana in the Second Degree-Misdemeanor Possession A person who knowingly in possession of marijuana for their own personal use (and who has never been convicted of possession of marijuana) would be guilty of Possession [ Read More… ]

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Should I Work as an Informant?

I represented a client who had just finished serving a seven-year prison sentence for trafficking cocaine. Three weeks after his release he was trafficking again. This time he made the mistake of hitting his girlfriend. She called the police on him. When the police came to his apartment, she showed [ Read More… ]

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Child Abuse and Aggravated Child Abuse Laws and Defense in Alabama

 Child Abuse Alabama has two criminal child abuse laws. The first of these is designed to punish parents, stepparents, guardians or other “responsible persons” (as defined by Alabama law) from willfully torturing, abusing, cruelly beating or otherwise willfully maltreating any child or children under the age of 18. A person [ Read More… ]

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Four ways someone can be a rapist in Alabama without being aware they have committed the crime.

Under Alabama law there are at four ways a person can commit the crime of rape without realizing they have committed the crime. Statutory Rape Physically Helpless Rape Rape where the victim is “mentally defective” “Aid and Abet” Rape 1.Statutory Rape The most common example is “statutory rape”. People below [ Read More… ]

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Court Clarifies Alabama’s “Stand Your Ground Law”

Alabama’s “Stand your Ground Law’ The Alabama Court of Criminal Appeals has provided essential clarification of Alabama’s “Stand your Ground” law and the proper procedure the court must follow when a defendant raises this defense. In State v. Harrison, CR–13–0429 the appellate court concluded that a criminal defendant may raise [ Read More… ]

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What Constitutes Identity Theft in Alabama?

Using someone else’s personal information for some sort of benefit could be considered identity theft. Whether a person uses the driver’s license, social security number or even medical records of another, the alleged offender could face criminal charges. In Alabama, a person commits identity theft according to Alabama Code Section [ Read More… ]

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How actually being guilty of domestic violence increases your chances of having your case dismissed

Okay, this is a bit odd but, actually being guilty of domestic violence can actually increase your chances of having the charges dismissed. There is, of course, a catch. Here it is: you must not have a prior history of domestic violence, the case cannot involve serious bodily injury and [ Read More… ]

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I Missed My Court Date in Alabama. Now What?

What do you do if you have been charged with a crime and you missed your court date? This is commonly referred to as Failure to Appear or FTA. The first thing you need to do is contact your lawyer. If you don’t have one, you need to get one [ Read More… ]

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New Sentencing Guidelines for Alabama Nonviolent Offenders

State of Alabama has enacted new sentencing guidelines that apply to nonviolent offenses such as drug and property crimes. The new guidelines are meant to accomplish several goals. One is to provide  greater uniformity in sentencing among judges and to eliminate the degree of disparity that has occurred in the [ Read More… ]

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