St. Clair County Criminal Defense Attorney

Giving You the Representation You Need for Criminal Defense

Under the US Constitution, everyone accused of a crime has the right to an attorney to defend them in court. This is because, in America, everyone is presumed innocent until proven guilty. In many other countries around the world, people arrested for crimes are assumed to be guilty just for having been arrested. The idea is that if someone didn’t do something wrong, the police would have just left them alone.

The US justice system realizes this is not the case. People can be arrested for any number of reasons. This includes mistaken identity, a misunderstanding, or even a legal formality. For example, if you defended yourself against an assault, you may be arrested pending a hearing to determine whether you were practicing self-defense or committing assault and battery.

This is why it’s always important to consult a defense attorney if you are arrested. Even if you haven’t done anything wrong, it’s the job of the police and the district attorney to try and prove you are guilty. A skilled defense attorney can help you navigate the justice system and make sure you don’t go to jail or prison for something you didn’t do.

What is a Criminal Charge in St. Clair County?

A criminal charge is an official charge of activity defined as a crime under the Alabama state penal code. Alabama divides crimes into multiple categories based on the offense:

Crimes Involving Danger to a Person (Homicide, Assault, Kidnapping, Domestic Violence, Stalking, Human Trafficking, Sex Crimes)
Crimes Involving Violation of Property (Arson, Vandalism, Burglary)
Theft
Forgery
Crimes Involving Violation of Public Safety (Terrorism, Failure to Register as a Sex Offender, Libel)

These are only some of the major categories of crimes under which someone can be charged. An experienced Alabama attorney will be able to explain various criminal charges in more detail.

Crimes are then broken down into three different categories of severity. The less damage or harm a crime could or did cause, the lesser the charge and the less severe the potential penalties. Crimes not involving violence or major damage to property generally carry lower sentences and fines than those crimes in which a person could have been harmed or killed or crimes that involve large-scale theft. Under Alabama law, crimes are divided into:

Misdemeanors: Minor Crimes Punishable by Time in County Jail, Probation, Community Service, and/or Fines
Felonies: Major Crimes Punishable by Time in State prison, life in prison, or the death penalty
Violations: Very Small Infractions not Major Enough to Qualify as Misdemeanors; Punishable by up to One Month in Jail

Felony charges generally have the most severe consequences, including multiple years in prison. Very severe penalties may even result in life in prison. In some instances, those found guilty of homicide may face the death penalty. Even some seemingly minor infractions are considered misdemeanors. For example, you can be charged with a misdemeanor even for a traffic ticket. This means a seemingly inconsequential arrest could result in jail or prison time or heavy fines.

What Are Defenses to Criminal Charges in Alabama?

There are multiple defenses to charges of criminal activity. Just because you have been charged with a crime does not mean you are automatically guilty. In some cases, even if you committed the acts you are being accused of, they cannot be considered crimes based on certain defenses. Some defenses include:

Self-Defense

If you used physical force against another individual to protect yourself or others, you can be found not guilty under self-defense

Lack of Evidence

The court must present convincing evidence that you are guilty of the crime you are being accused of. They cannot simply say you did something without any proof.

Involuntary Intoxication

If someone gave you an intoxicating substance against your will, such as drugs or alcohol, and you committed a crime while under the influence, you can be found not guilty.

Mental Disease or Defect

If a person could not understand that the criminal act they were committing was wrong, they could be found not guilty. This is also known as the insanity defense.

These are only a few of the possible defenses an accused person can present in a criminal case. Each case is unique, and different sets of circumstances call for different defenses. There is no one-size-fits-all approach to a defense against criminal charges. Experienced criminal defense lawyers will be able to consult every individual and help them build the strongest defense for their particular case. In many criminal cases, an experienced criminal defense attorney will be able to get charges reduced and potentially even dropped. This means you may not even have to appear before a judge.

What Happens if I Am Arrested on Criminal Charges in Alabama?

If you are arrested, you will be taken into police custody. Officers, detectives, or other law enforcement representatives will attempt to question you. The purpose of this questioning is to determine whether you can be charged with a crime. Many people think that cooperating with the police is a sign of innocence and that not cooperating is a sign of guilt. They think that as long as they are honest with the police, they will be let go. This is not true.

It is not the job of law enforcement officers to determine if you are guilty or not. Their job is to make arrests and present suspects to the district attorney. The district attorney will review your case and determine whether there is enough evidence to charge you with a crime. Again, it is not up to the district attorney to determine your guilt or innocence. If they believe they can present a convincing case against you in court and secure a conviction, you will be charged.

This is why it is important to never speak with law enforcement officers without a lawyer present. Police officers will be attempting to get you to incriminate yourself through your own words. The police are not obliged to tell the truth when they interrogate you.

Law enforcement may also present false or misleading information in an attempt to get you to make incriminating statements. They may also attempt to get you to confess to a crime you didn’t commit. Law enforcement may also make you believe confessing will make you look good in the eyes of the court. The fact is they are simply trying to get you to make yourself look more guilty. Once you have made incriminating statements about yourself, this becomes evidence that can be used against you in court. 25% of cases in which people are exonerated through DNA evidence involved false confessions extracted by the police.

If you are arrested for a crime or even brought in for questioning, it’s vital to exercise your constitutional right not to speak to the police without an attorney present. It does not matter if the police think this makes you look guilty. A jury will determine your innocence, not the police. There is nothing wrong with waiting until an attorney is present for questioning. In fact, this could be the deciding factor in whether or not the court is able to build a convincing case against you.

What Should I Do if I’m Arrested on Criminal Charges in Pell City?

If you or a loved one have been arrested on criminal charges, don’t hesitate to contact Jim Golden at Jim Golden Law, located at 1916 1st Avenue North Pell City, Alabama 35125.

Jim Golden has extensive experience in criminal law, serving as a criminal defense attorney. He believes every one of his clients deserves a fair, strong defense in court and that just because someone has been arrested doesn’t make them criminal. He approaches each case as his most important case and devotes all of his time, effort, and resources into helping his clients build successful defenses. He considers his job done when his clients are able to walk out of the courthouse free citizens of the United States again.

Being arrested for a crime doesn’t make you a criminal and doesn’t mean you’re guilty. Jim Golden understands that. If you or a loved one have been arrested on criminal charges in Pell City, call Jim Golden Law today at 866-950-6652 or email him for a free consultation. He’ll give you the full benefit of his experience in criminal law and help you go back to enjoying life as a free person again.