When the Sexual Contact Isn’t Disputed, but Consent Is

People tend to assume the hardest rape cases to defend are the ones where my client says nothing happened. Often it’s the opposite. In a lot of these cases, everyone agrees that sexual contact occurred. The fight is over whether it was consensual. That changes what I’m looking for from the start, because proving that […]

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My Client Doesn’t Have to Testify for Us to Have a Defense

One of the biggest misconceptions about a criminal trial is that the defendant will eventually have to take the witness stand and explain what happened. People naturally assume that if someone is accused of a crime, the jury is going to want to hear that person’s side of the story. And they’re probably right about […]

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Defending a Childhood Sexual Abuse Allegation Decades Later

Few cases are harder to defend than an accusation that someone sexually abused a child years, or even decades, ago. Usually, the person making the allegation is now an adult describing something that supposedly happened when they were young. There may be no physical evidence, no witnesses, and very little documentation from the time. The […]

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Possession of a Controlled Substance: What It Means in Alabama

Under Alabama Code § 13A-12-212, it is against the law to possess a controlled substance from Schedules I through V unless you have a valid prescription or other legal authorization. The statute also criminalizes obtaining these substances through fraud or false representation, such as forged prescriptions or giving a false name.  Unlawful possession is treated […]

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How Does Parole Work in Alabama?

Parole in Alabama allows eligible defendants to serve part of their sentence outside of prison, living under supervision in the community. Granting parole is not automatic, and it doesn’t erase the conviction or the sentence a person was given.  The Alabama Board of Pardons and Paroles makes decisions about parole using a discretionary process and […]

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A Bad Outcome Doesn’t Always Tell You What Someone Intended

One of the first things I have to figure out in some criminal cases is not simply what happened, but what my client intended to happen. Those can be two very different questions. Something terrible can happen because someone intended for it to happen. It can also happen because somebody acted recklessly, was negligent, made […]

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Can DNA and Other Forensic Evidence Be Wrong?

Television crime shows have created a powerful impression about forensic evidence: a laboratory runs a test, a scientist announces the result, and the case is solved. Real criminal cases are rarely that simple. DNA, toxicology, fingerprints, firearms examinations, digital evidence, and other forensic testing can be extremely important. But the word “scientific” does not mean […]

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Facing Federal Sentencing? What Happens Before the Judge Decides Your Sentence

Federal sentencing is not just about the hearing date. The Sentencing Guidelines, Presentence Investigation Report, mitigation evidence, and written advocacy can all shape the final result When someone is facing federal sentencing, it is easy to focus on one thing: sentencing day. But much of the work that can affect a federal sentence happens weeks […]

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What Really Happens During Jury Selection in a Criminal Case?

Jury selection is not about finding jurors who “like” the defendant. It is about identifying people who can follow the law, keep an open mind, and hold the prosecution to its burden of proof. If you have never been through a criminal trial, you may picture jury selection the way it appears on television: lawyers […]

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I Want to See the Evidence, Not Just the Police Report

When I receive discovery in a criminal case, the police report is important, but I don’t treat it as the final word on what happened. A police report is written from the perspective of the investigation. In my experience, information that supports the government’s theory tends to make its way into that report. Information that […]

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