Alabama Criminal Lawyer Blog

One of the most frequently asked questions that I get from my clients is something like this: "the officer who arrested me never read me my rights. Does that mean they have to drop the charges?" The short answer is always "No." Below is a more detailed explanation as to why that is true.

"Miranda Rights" are something of an enigma. The term comes from the Supreme Court Case Miranda v. Arizona, 384 U.S. 436 (1966). The rights afforded to the accused come from the United States Constitution. There has long been a serious misunderstanding of what the police are required to do to comply with the Court's ruling in this and subsequent cases, much of this misunderstanding has been caused by the portrayal of "Miranda Rights" in movies and on television.

The standard Miranda Warning goes something like this: "You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to speak to an attorney. If you cannot afford an attorney, one will be appointed to you. Do you understand these rights as they have been read to you?"

These rights must be explained to a suspect prior to custodial interrogation or any statements made by that suspect will not be admissible in court. This means that if the police are arresting a suspect and they don't need to ask that suspect any questions, there is no need to read the Miranda Warning. Further, if the police are asking a suspect questions, but that suspect is not in custody, there is no need to read the Miranda Warning. Finally, it means that even if the suspect is in custody and the police interrogate him or her without giving a Miranda Warning, the suspect could still be convicted of the crime that they are charged with as long as the DA doesn't need the statements made by the suspect at the time of questioning.

Continue reading "Alabama Miranda Requirements: Don't Talk to Police (Part 1)" »

Joseph Goolsby, 19, of Pinson, Alabama has been charged with two counts of vehicular manslaughter in the deaths of Edgar Perez and Yasmine Aguilar. The couple had two children in the car at the time of the crash and Yasmine Aguilar was 8 months pregnant as well. The baby was delivered before Ms. Aguilar passed away and the other two children appear to be ok as well.

Reportedly, Mr. Goolsby's B.A.C. (blood alcohol content) was more than twice the legal limit at the time of the crash. The accident occurred at around 2:45 in the morning on Saturday, July 24.

This is a situation that I would consider a "worst case scenario." This is something that we all wish never happened. Two lives have been ended and several have been forever changed by the horrible decision presumably made by Mr. Goolsby to drive while intoxicated. This certainly fits vehicular manslaughter since the outcome was predictable when Mr. Goolsby decided to drive after drinking alcohol.

As an Alabama criminal defense attorney, I am cautious to avoid convicting someone without having the whole picture of evidence, but if what is being reported turns out to be true, Mr. Goolsby stands a very good chance of being convicted of these deaths and serving some time even if it is his first offense. This type of situation often receives relentless prosecution from a district attorney due to the horrendous circumstances.

The legal limit in Alabama for a person's B.A.C. is .08. What this means is that if you are found to have a B.A.C. above that limit, you are presumed to be too intoxicated to drive safely. In other words, you are presumed to be guilty of DUI. Don't let the numbers fool you though, you can still be found guilty of DUI with a B.A.C. of far less than the "legal limit." For example, a 19 year old could be found guilty of a DUI if their B.A.C. is .02 percent or higher, due to the fact that the legal drinking age is 21. Additionally, a school bus driver can be convicted for having B.A.C. of .02 or higher. Any driver can be convicted of DUI if they are observed driving erratically by a law enforcement officer and that officer determines that the driver is under the influence of something to the point where it is unsafe to drive.

Continue reading "Alabama Drunk Driver Charged in Deaths of Kids' Parents" »

As of July 1, 2010, it is illegal to possess marijuana substitutes or synthetic marijuana in Alabama. Act number 2010-717 was passed this year and signed into effect by Governor Riley.

Under the new law, possession of these marijuana substitutes will be treated the same as possession of marijuana. Possession for personal use only will be treated as a class A misdemeanor and carry a fine of up to $6000 and up to one year in jail. Subsequent possession for personal use or any possession for other than personal use will be treated as a class C felony which carries a fine of up to $15,000 and a prison sentence from one year and one day up to ten years.

These marijuana substitutes are often sold over the internet and in herbal stores. The products are sold as if they are legal substitutes and go by several names such as: Spice, Spice Gold, White Dragon, and K2.

The law gives citizens "a reasonable amount of time" to comply with the law. However, I would caution my clients that there is no date specific before which the law will not be enforced except the date of July 1, 2010, when it goes into effect. Therefore, if you are caught in possession of these items today, you could certainly be prosecuted.

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Continue reading "Alabama Marijuana Law Changes to Include Possession of Synthetic Cannabinoids or Marijuana Substitutes" »